Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 11, 1971 and adjourned Friday, March 12, 1971, volume I

Compiler's Note
The Journal of the House of Representatives regular and extraordinary session of 1971 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 11, 1971 through March 4, 1971. Volume II contains March 5, 1971 through March 12, 1971 and the extraordinary session September 24, 1971 through October 8, 1971, the committee reports, and the complete index.

JOURNAL
OP THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 11, 1971 and adjourned Friday, March 12, 1971
1971 ATLANTA, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1971-1972
GEO. L. SMITH II _____..__________________________Speaker
43rd DISTRICT, EMANUEL COUNTY
THOMAS B. MURPHY ___________________Speaker Pro Tern
19th DISTRICT, POST I, POLK & HARALSON COUNTY
GLENN W. ELLARD _______._________________Clerk
HABERSHAM COUNTY
JACK GREEN ________________________Assistant Clerk
RABUN COUNTY
JANETTE HIRSCH _______._________.__Assistant Clerk
FULTON COUNTY
AMELIA SMITH _______________________Assistant Clerk
FULTON COUNTY
ELMORE C. THRASH __________-____________________-__-______________._jy[essenger
LOWNDES COUNTY
MARION TOMS ________.__.____...________.Doorkeeper
QUITMAN COUNTY

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia
Monday, January 11, 1971
The Representatives-elect of the General Assembly of Georgia for the years 1971-1972 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock A. M., this day and were called to order by Honorable Glenn W. Ellard, Clerk of the House of Representatives.
The following prayer was offered by Rev. Vernard E. Robertson, District Superintendent of the Valdosta District, United Methodist Church, Valdosta, Georgia:
0 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.
We need Thy wisdom and guidance as we begin this new session of the Legislature.
Teach us better to know ourselves, that, knowing our weakness we may be on guard. Teach us better to understand other people, that we may view their shortcomings with charity, their virtues with appreciation, and their kindness to us with gratitude.
We pray for the Speaker of the House, the leaders and members of both House and Senate. Some are back for another term, others are here for the first time. Bless each as they take the oath of office. We pray for the one who is to be our Governor and for the one who is to be our Lt. Governor for the next four years.
Wilt Thou bless all who have been chosen by the people of this State, for Thou knowest them, their needs, their motives, their hopes and their fears.
Lord Jesus put Thine arm around them to give them strength, and speak to them to give them wisdom greater than their own. May they hear Thy voice and seek Thy guidance.

JOURNAL OF THE HOUSE,
In their differences may they be kind; in their agreements may they be humble, that Thy will be done in them and through them for our beloved State and Nation, for Jesus' sake.
AMEN
The following communication from Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Representatives-elect for the years 1971-1972 was received and read:
SECRETARY OF STATE State Capitol Atlanta 30334
January 11, 1971
Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia
Sir:
I am transmitting herewith the names of the Representatives elected in the General Election held on November 3, 1970, to represent the various Representative Districts in the General Assembly for the years 1971 and 1972; and copy of the certification of the Special Election held on December 10, 1970, for the purpose of filling the vacancy in the 44th District, Post No. 3, caused by the death of Honorable Walstein Parker on November 3, 1970; as the same appear from the consolidated returns which are of file and record in this office.
Very sincerely yours, /s/ Ben W. Fortson, Jr.
Secretary of State
BWF/ls Encl-
SECRETARY OF STATE State Capitol Atlanta 30334
December 16, 1970
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
I hereby certify that the consolidated returns on file in this office of the special election held on the 10th day of December, 1970, in the 44th District, Post No. 3, comprised of the counties of Bulloch, Effing-

MONDAY, JANUARY 11, 1971

7

ham, Jenkins and Screven, for the purpose of electing a Representative to the General Assembly from the 44th District, Post No. 3, show the following result:

BULLOCH COUNTY:
B. H. Anderson _.__.__.____..Received. _....______. 184 votes George Chance _____._. __..Received_...._____...--.. 745 votes Walter Harrison ____._ _._Received___._______ 149 votes Hubert Reeves _._______ .___Received.____-__._._ 219 votes

EFPINGHAM COUNTY:
H. B. Anderson ___________Received...___._.__.... 13 votes George Chance ___.___.___.Received___._______1,607 votes Walter Harrison _____...____....Received__..__._____ 25 votes Hubert Reeves ___________....Received..--___._____ 9 votes

JENKINS COUNTY:
B. H. Anderson ._____..____....Received__._..._____ 17 votes George Chance ___.____.___Received_.......______.. 20 votes Walter Harrison ___..___.__..._.......Received..--_.____.__._. 534 votes Hubert Reeves _...___..._____.Received.------_.____... 903 votes

SCREVEN COUNTY:
B. H. Anderson _._...__..____.Received---.------._._..___._._. 325 votes George Chance _._------___------.------Received------..----._.......... 623 votes Walter Harrison _....___.__.._______--.Received-----__._----_._ 391 votes Hubert Reeves .._----...._,,___._-Received--------_...___ 203 votes

Given under my hand and seal of office this the 16th day of December, 1970.
/s/ Ben W. Portson, Jr. Secretary of State

STATE REPRESENTATIVES ELECTED TO THE GENERAL ASSEMBLY

November 3, 1970 General Election

DISTRICT

COUNTIES

POST NO.

NAMES

1 Dade & Walker
2 Catoosa 3 Murray & Whitfield
Fannin & Gilmer Lumpkin, Towns, Union & White

1 Charles Clements, Jr. 2 Forest Hays, Jr. 3 Wayne Snow, Jr.
Robert G. Peters 1 Jack Cole 2 Virgil T. Smith 3 Thomas J. Turner
Jimmy R. Jones Carlton H. Colwell

JOURNAL OF THE HOUSE,

DISTRICT

COUNTIES

POST NO.

NAMES

6 Habersham, Rabun & Stephens
7 Chattooga 8 Gordon 9 Floyd
10 Bartow, Cherokee & Pickens
11 Dawson, Forsyth & Hall
12 Banks, Franklin & Hart
13 Gwinnett
14 Barrow & Oconee 15 Jackson 16 Clarke
17 Madison & Oglethorpe 18 Elbert 19 Haralson & Polk
20 Carroll
21 Clayton
22 Henry 23 Newton 24 Walton 25 Greene & Morgan 26 Lincoln, Taliaferro & Wilkes 27 Jasper, Jones & Twiggs 28 Hancock & Putnam 29 Columbia, Glascock, McDuffie
Warren
30 Coweta, Heard & Troup
31 Meriwether 32 Fayette & Spalding
33 Butts & Monroe 34 Baldwin & Wilkinson
35 Washington 36 Jefferson 37 Burke 38 Harris & Talbot

1 Don C. Moore 2 Jack N. Gunter -- James H. "Sloppy" Floyd -- Tom L. Shanahan 1 Sidney Lowrey 2 John Adams 3 E. B. Toles 1 Joe Frank Harris 2 Will Poole 3 Andy Roach 1 W. M. (Bill) Williams 2 Doug Whitmire 3 Joe T. Wood 1 A. T. Mauldin 2 W. D. (Billy) Milford 1 Gib Dean 2 James D. Mason -- Alex B. Russell -- Lauren (Bubba) McDonald, Jr. 1 Hugh Logan 2 Chappelle Matthews -- James E. Maxwell, Sr. -- Jack A. Wheeler 1 Thomas B. Murphy 2 Nathan Dean 1 John K. (Uncle John) Patterson 2 J. E. Bohannon 1 Wm. J. (Bill) Lee 2 Arch Gary 3 Lamar Dailey Northcutt -- Don L. Knowles -- J. W. (Jim) Morgan -- Marvin W. Sorrells -- E. R. Lambert -- Ben Barren Ross -- John H. Hadaway -- Charles M. Hudson
1 Glenn S. Phillips 2 Bobby W. Johnson 1 J. Crawford Ware 2 Edwin G. (Ed) Mullinax 3 Nathan G. Knight 4 George W. Potts -- Claude A. Bray, Jr. 1 Quimby Melton, Jr. 2 Clayton Brown, Jr. -- Phillip Benson Ham 1 J. Floyd Harrington 2 Philip M. Chandler -- Tom C. Carr -- J. Roy McCracken -- Preston B. Lewis, Jr. -- W. Randolph Phillips

MONDAY, JANUARY 11, 1971

39 Lamar, Pike & Upson
40 Crawford & Peach 41 Houston
42 Johnson & Laurens,
43 Emanuel 44 Bulloch, Effingham, Jenkins &
Screven

1 Marvin Adams 2 J. R. Smith -- Daniel K. Grahl 1 Sam A. Nunn, Jr. 2 E. Vince Moyer 1 Roy J. Chappell, Sr. 2 W. W. Larsen, Jr. -- Geo. L. Smith II
1 W. Jones Lane 2 Paul E. Nessmith, Sr. 3* H. Walstein Parker, Deceased
on 11-3-70

*Special Election held on December 10, 1970 and George A. Chance was elected to fill the vacancy in 44th District, Post No. 3

45 Chattahoochee, Marion, Taylor,

Stewart & Webster

1

2

46 Macon, Schley & Sumter

1

2

47 Crisp, Dooly & Worth

1

2

48 Ben Hill, Irwin, Turner & Wilcox 1

2

49 Bleckley, Dodge, Pulaski, & Telfair 1

2

50 Montgomery, Treutlen & Wheeler --

51 Long, Tattnall & Toombs

1

2

52 Bryan, Candler & Evans

--

53 Calhoun & Randolph

--

54 Lee & Terrell

--

55 Coffee

--

56 Appling & Jeff Davis

--

57 Bacon & Pierce

--

58 Wayne

--

59 Liberty & Mclntosh

--

60 Clay, Early & Quitman

--

61 Baker & Dougherty

1

2

3

4

62 Mitchell

--

63 Colquitt, Cook & Tift

1

2

3

64 Atkinson, Berrien & Lanier

--

65 Clinch & Ware

1

2

66 Brantley, Camden & Charlton

--

67 Glynn

1

2

68 Decatur, Miller & Seminole

1

2

J. Lucius Black Ward Edwards Oliver Oxford Janet S. Merritt Howard H. Rainey Rooney L. Bowen A. B. C. (Brad) Dorminy, Jr. Ted Hudson Guy Tripp Ben Jessup L. L. "Pete" Phillips W. J. "Bill" Salem Dewey D. Rush Hines L. Brantley J. T. (Jake) Dailey James M. Collier Simon Grantham L. Jack Strickland Bobby Wheeler Bob Harrison Donald Hines Praser Mobley Howell George D. Busbee Colquitt H. Odom R. S. (Dick) Hutchinson Billy Lee Marcus E. Collins Grover C. Patten Dorsey R. Matthews Henry Bostick Hanson R. Carter Ottis Sweat, Jr. Harry D. Dixon Carl Drury Joe Isenberg Gene Leggett J. Willis Conger R. A. (Cheney) Griffin

10

JOURNAL OF THE HOUSE,

69 Grady 70 Thomas 71 Brooks, Echols & Lowndes
72 DeKalb 73 DeKalb 74 DeKalb & Rockdale 75 DeKalb
76 DeKalb 77 DeKalb
78 Richmond
79 Richmond 80 Richmond 81 Bibb
82 Bibb 83 Bibb 84 Muscogee
85 Muscogee 86 Muscogee 87 Chatham 88 Chatham 89 Chatham 90 Chatham 91 Chatham 92 Chatham 93 Chatham 94 Chatham 95 Fulton
96 Fulton

-- Burton M. Wamble 1 James W. Keyton 2 Henry P. Russell, Jr. 1 Henry L. Reaves 2 H. M. Barfield 3 Jim T. Bennett, Jr. 1 Harry C. Geisinger 2 Stanley (Stan) N. Collins, Jr. 1 Robert H. "Bob" Bell 2 Bill Noble 1 Clarence R. Vaughn, Jr. 2 Hugh Jordan 1 Walt Davis 2 Leon R. Floyd 3 Jim Westlake 4 Gaines C. Granade -- James E. Dean 1 Walter B. (Walt) Russell, Jr. 2 Robert H. (Bob) Farrar 3 Larry W. Thomason 4 Elliott H. Levitas 1 Bernard F. Miles 2 Donald E. (Don) Cheeks 3 Matthew W. Mulherin 1 R. A. Dent 2 Jack Connell 1 Henry R. Smith 2 John H. "Jack" Sherman, Jr. 1 Tom Bennett 2 S. Phillip Brown 3 Billy L. Evans 4 Frank C. Pinkston 5 Homer M. Scarborough, Jr. -- Dekle Coney -- Mitch Miller 1 Mac Pickard 2 H. Norwood Pearce 3 Thomas B. Buck, III 1 C. Ed Berry 2 Albert W. Thompson 1 Earl T. Davis 2 Jack A. King -- Herb Jones -- Alan S. Gaynor -- Arthur Gignilliat -- Joseph Battle -- Jesse Blackshear -- Sam D. Alien -- Tom Triplett -- Bobby L. Hill 1 Rodney M. Cook 2 Jule W. Felton, Jr. 3 John W. Greer 4 Peyton S. Hawes, Jr. 5 Gerald Talmadge Horton -- W. M. (Bill) Alexander

MONDAY, JANUARY 11, 1971

11

97 Fulton 98 Fulton 99 Fulton 100 Fulton 101 Fulton 102 Fulton 103 Fulton 104 Fulton 105 Fulton 106 Fulton 107 Fulton 108 Fulton 109 Fulton 110 Fulton 111 Fulton 112 Fulton 113 Fulton 114 Fulton 115 Fulton 116 Fulton 117 Cobb & Paulding
118 Douglas

Guy Hill Young H. Longino John Hood G. D. Adams Dick Lane Clarence G. Ezzard, Sr. William S. "Bill" Stephens
John Savage Sidney J. Marcus William A. (Bill) Sims, Jr. E. J. Shepherd William H. Alexander J. C. (Julius C.) Daugherty Ben Brown Julian Bond Mrs. Grace T. Hamilton George K. Larsen Haskew H. Brantley, Jr. Kil Townsend Mike Egan 1 Eugene (Gene) Housley 2 Hugh Lee McDaniell 3 Howard Atherton 4 Joe Mack Wilson 5 G. Robert (Bob) Howard 6 George H. Kreeger 7 A. L. (Al) Burruss John L. Coney

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

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Conger Connell Cook Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham

12

JOURNAL OP THE HOUSE,

Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordans Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Leggett Levitas Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts

Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

The oath of office was administered to the Representatives-elect by the fol lowing Associate Justices of the Supreme Court of Georgia:

Justice Hiram K. Undercofler, Justice Jule W. Felton and Justice Peyton S. Hawes, Sr.

MONDAY, JANUARY 11, 1971

13

Attention was called to the fact that Justice Jule W. Felton was afforded the privilege of administering the oath of office to his son, Representative-elect Jule W. Felton, Jr., and that Justice Peyton S. Hawes, Sr. was also afforded the privilege of administering the oath of office to his son, Representativeelect Peyton S. Hawes, Jr.

The next order of business being the election of a Speaker of the House for the ensuing term of two years, Mr. McCracken of the 36th placed in nomina tion the name of Honorable George L. Smith II of the 54th, which nomination was seconded by Messrs. Matthews of the 16th, Nunn of the 41st and Brantley of the 52nd.

Mr. Busbee of the 61st moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire House for the nominee. The motion prevailed and Honorable George L. Smith II was declared elected Speaker of the House for the ensuing term.

The Chair appointed as a committee to escort the Speaker to the Speaker's stand the following members:

Messrs. Phillips of the 29th, Phillips of the 50th, Mrs. Hamilton of the 112th, Messrs. Lewis of the 37th, Larsen of the 42nd, Carr of the 35th, Felton of the 95th, Levitas of the 77th, Grahl of the 40th, Atherton of the 117th and Northcutt of the 21st.

Honorable George L. Smith II was escorted to the Speaker's stand and in appreciation of the honor again conferred upon him, delivered the following address:
Mr. Clerk--
Ladies and gentlemen of the House--Thank you--
Your action today marks the end, and the beginning of a dream for me.
Most men, you know, do dream.
Some dream of riches--some of glory--some of power--
Some dream of being president--others of becoming governor, or Senator--or Congressman.
My Dream has always been of this House--The Georgia House of Representatives--But it is not a dream of simply being speaker of the House.
I was speaker of the House under Governor Ernest Vandiver and it was a great honor and privilege--the partial fulfillment of a dream.

14

JOURNAL OF THE HOUSE,

But I was the man tapped by the Governor to be speaker and though there were many good men in the House,--it was not a truly independent House--and while they worked hard--they were seriously hampered in their efforts by a lack of facilities, a lack of assistance, a sheer lack
of knowledge.--And so, the dream remained.

In 1966, many of you here elected me speaker, and the honor and privilege was even greater.

It was the first time in modern history a speaker had been chosen by the House rather than annointed by a Governor.

For the first time, the leadership of the House was not beholden to the Governor -- and the members did not feel that immense pressure to harken to the executive's every beck and call.

Over the past four years, because of this feeling of independence, the House has taken tremendous strides forward.
Many of you today can recall when committees met in the hall of the House -- when appropriations bills were heard and approved in a matter of minutes--when legislative staffing was unheard of--and I could go on and on.
But, there were many who said this independence was wrong--that it was brought about only by an unusual Governor's race and election --and that when a new Governor was elected, he would put his own man back into this office.
Perhaps some Governors would have attempted to do that.
Governor-Elect Carter, a former member of the General Assembly, did not.
He said he could work with an independent House beholden to no one but its own constituents.
What is more, he said, as a Democrat, he could work through the chosen Democratic leaders of the House--that he did not need an ad ministration floor leader -- a legislator tapped to do his bidding.
Most of us wanted this.

It is recognition that we do constitute an independent House -- that a Governor must work with us.

At the same time, it gives us a grave responsibility.

A Governor popularly elected by the people has a mandate for cer tain progress, and we have the deepest kind of responsibility to look at these programs seriously--to balance them against the needs of our constituents -- to improve them where we can.

MONDAY, JANUARY 11, 1971

15

And so, your action here today in electing me Speaker is, quite simply and quite frankly, the greatest honor and privilege I have ever
received, because it was bestowed by a more mature House -- a more capable House -- a more representative House than ever before.

I asked the two gentlemen on the podium with me to come up for a particular reason.

I hope I am not over-dramatizing, but I wanted to make a point.

Representative Roy McCracken of Jefferson, on my right, is the oldest member of the House in point of service.

Representative Norwood Pearce of Muscogee is the youngest of our freshmen members.

Together, they represent the best of what we bring to bear on legis lative problems -- the wisdom and maturity of long service and the freshness and vitality of new ideas.

It is this combination which most excites me about our current House.

Quite frankly, our move towards independence has reaped benefits I was not wise enough to foresee.

Many of us who have been here for awhile realized that if we could become independent -- if we could acquire the staffing and the equipment and the facilities that we need to go about the people's busi ness properly -- the usefulness of this house would be vastly increased.

We knew that if members could speak freely -- bringing their ex perience to bear on state problems -- the state would be better off.

We also should have realized that this feeling of freedom would open the way for new ideas -- new insights -- new energy from our younger members.

I cannot, in truth, claim that I foresaw this -- but I can tell you in all honesty that I welcome it -- and believe that of all the strides we have made in the last four years -- this is the greatest.

It leads to disagreements, of course, or, to use a word currently in vogue, "confrontations."
It leads occasionally to so-called cliques pitted against cliques.
But I say this is all to the good. I say that a House in which all members, the newest or the oldest, can speak out with fear from no one, is the kind of House Georgia deserves.
These exchanges -- this communication of different ideas -- this vitality--is the stuff the best legislation is made of.

16

JOURNAL OF THE HOUSE,

Of course, there have been stories of power struggles in the House -- and there will be others as various men strive for leadership.

But I say, and I think it is the best thing that can be said about this House, -- that no one runs the Georgia House of Representatives.

I have been elected your speaker. In that position I will preside and maintain the rules of the House -- but presiding over is different than running a legislative body.

Neither George L. Smith -- nor Governor Jimmy Carter -- nor George Busbee -- nor Tom Murphy -- no one man runs this House, and that is the way it should be.

I, and your other elected leaders, will offer leadership -- but it is freely offered and can be freely received or freely turned away--with out fear or threat.

And so -- here we are -- at the beginning of a new legislative ses sion -- a new Governor's term.

The House and its members are better equipped than ever before.

We have committee rooms.

We have some of our badly needed staff.

We have a budget analyst.

We are, for the first time, geared to handle a new Governor's am bitious program.

I, for one, am more truly excited about the possibilities than when, I first came here in 1945.
We will begin moving immediately, and we will work steadily and seriously until the budget break -- and then longer and harder through March 12.
When I began, I said your action today marks the end -- and the beginning -- of a dream for me.
I think I have explained the end -- the fact that the House is now unquestionably, and I believe, permanently, set on its course of in dependence.
It is truly a beginning also.
For while we have made improvements -- others lie ahead.
And while we have been an efficient and responsible House -- the double challenges of a new program and a new blend of youth and maturity will force us to become more responsible and responsive.

MONDAY, JANUARY 11, 1971

17

To the young members, I urge you to retain your freshness -- your spark -- while working with judgment in the political areas.

To the older members -- I challenge you to listen to these new ideas and not be bound in the bad habit of doing things just because they have always been done a certain way.

For myself--I pledge to work as hard as I know how to help you make this the best legislative session we have ever had.

I would like this to be known, not only as the hardest working House ever -- but the most effective and the most responsible.

If I can be personal once more, I thank you deeply and sincerely for this greatest honor in my life -- for allowing me to end a dream and begin a new segment of that same dream.

A great poet, Robert Frost, wrote a lovely poem years ago and I would like to conclude now as he did:
"... I have promises to keep, and miles to go before I sleep, and miles to go before I sleep."

Thank you.

The next order of business being the election of a Clerk of the House, Mr. Pickard of the 84th placed in nomination the names of Honorable Glenn W. Ellard of Habersham County, which nomination was seconded by Messrs. Melton of the 32nd and Williams of the llth.
Mr. Busbee of the 61st moved that the nominations be closed and that the Deputy Clerk be instructed to cast the vote of the entire body for the nominee. The motion prevailed and the Honorable Glenn W. Ellard of Habersham County was declared elected Clerk of the House for the ensuing term of two years.
The Speaker appointed as a committee to escort the Clerk to the Clerk's stand the following members:

Messrs. Gunter of the 6th, Moore of the 6th, Buck of the 84th, Farrar of the 77th, Howell of the 60th, Smith of the 3rd, Black of the 45th and Dent of the 79th.

Mr. Ellard was escorted to the Clerk's stand where the oath of office was administered by the Speaker, after which he addressed the House expressing his appreciation to the members for having elected him to his 7th consecutive term as Clerk of the House of Representatives.

18

JOURNAL OP THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 1. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Floyd of the 7th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
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, has organized by the election of Honorable George L. Smith II of the 43rd District as Speaker and Honorable Glenn W. Ellard of Habersham County as Clerk, and is now ready for the transaction of business.

HR 2. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Floyd of the 7th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
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.

Pursuant to the provisions of HR 2, the Speaker appointed as a committee on the part of the House the following members thereof:

Messrs. Bray of the 31st, Brown of the 110th, Isenberg of the 67th, Keyton of the 70th, Milford of the 12th, Logan of the 16th, and McDonald of the 15th.

HR 3. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of

MONDAY, JANUARY 11, 1971

19

the 34th, Floyd of the 7th, Lee of the 21st, Melton of the 32nd, and McCracken of the 36th:

A RESOLUTION

Relative to officials, employees, and committees in the House of Representatives; and for other purposes.

PART I.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1971 and the 1972 regular sessions of the General Assembly:

1. The Speaker of the House is authorized to appoint and employ personnel and fix the compensation therefor as follows:

(a) Two aides, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. Three additional aides for the House of Representatives to be com pensated in an amount not to exceed $25 per diem, plus $25 per day expenses.

(b) Four secretaries, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses.

(c) Two persons skilled in legislative matters, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses.
(d) A Sheriff for the House who shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. The Sheriff shall also receive the same mileage allowance as members of the House.
(e) Chaplains for the House, each of whom shall be com pensated in an amount not to exceed $25 per diem, plus $25 per day expenses, plus mileage.
(f) A supervisor of stenographic personnel to be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses.
(g) A Postmaster or a Postmistress and one Assistant Post master or Assistant Postmistress, each of whom shall be compen sated in an amount not to exceed $25 per diem.
(h) One Assistant Doorkeeper who shall be compensated in an amount not to exceed $25 per diem.
(i) Fifteen Assistant Doorkeepers, each of whom shall be com pensated in an amount not to exceed $20 per diem.

20

JOURNAL OF THE HOUSE,

(j) Three porters, each of whom shall be compensated in an amount not to exceed $15 per diem.

(k) Pages, each of whom shall be compensated in an amount not to exceed $3.00 per diem.

(1) Secretaries, stenographers, typists, clerks and aides for the use of the House, its committees and subcommittees, each of whom shall be compensated in an amount not to exceed $30 per
diem.

(m) Court Reporters and consultants for the committees of the House, the rate of compensation therefor to be agreed upon by the Speaker and the Chairman of the committee.

(n) Interns for the committees of the House to receive such expenses as shall be determined by the Speaker.

2. The Speaker Pro Tempore of the House is hereby authorized to appoint one secretary and fix the compensation therefor in an amount not to exceed $30 per diem.

3. The Majority Leader of the House is hereby authorized to ap point one aide and fix the compensation therefor in an amount not to exceed $25 per diem, plus $25 per day expenses; and one secretary whose compensation shall be fixed in an amount not to exceed $30 per diem.

4. The Minority Leader of the House is hereby authorized to ap point one aide and fix the compensation therefor in an amount not to exceed $25 per diem, plus $25 per day expenses; and one secretary whose compensation shall be fixed in an amount not to exceed $30 per diem. The Minority Party is authorized to appoint one secretary at not to exceed $30 per diem.

5. The Clerk of the House is hereby authorized to appoint and em ploy personnel and fix the compensation therefor as follows:

(a) Four Assistant Clerks, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses, plus mileage as authorized by law for members of the General Assembly; one Reading Clerk, one Calendar Clerk and one Journal Clerk, each of whom shall be compensated in an amount not to ex ceed $25 per diem and $25 per day expenses. The Clerk shall also receive the above mileage.

(b) Copy readers, typists, Multilith operators, Xerox op erators, collator operators, and sound machine operators, each of whom shall be compensated in an amount not to exceed $30 per diem.

(c) Porters, each of whom shall be compensated in an amount not to exceed $15 per diem.

MONDAY, JANUARY 11, 1971

21

(d) Personnel to distribute bills and other material for mem bers, each of whom shall be compensated in an amount not to exceed $15 per diem.

The Clerk shall receive the same daily expense allowance and the same mileage allowance as members of the House.

6. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, each shall be compensated in an amount to be fixed by the Speaker, but not to exceed $25 per diem, plus $25 per day expenses, plus mileage allowance as authorized by law for members of the General Assembly.

PART II.
BE IT FURTHER RESOLVED that the provisions of Part I of this resolution shall also be effective during the period between the first and second portions of the 1971 regular session, and the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, and the Clerk of the House are hereby authorized to keep their offices open and retain such of the foregoing officials and other personnel as they deem necessary and advisable during such period. Such officials and personnel shall be compensated in an amount not to exceed the amount provided in Part I. During such period of time, the Speaker, the Speaker Pro Tempore, the Majority Leader and the Minority Leader shall each be a committee of one and shall receive the expense, mileage, and travel allowances authorized by law for members of interim com mittees.

The Appropriations Committee of the House is hereby authorized to remain at the Capitol during such period of time for the purpose of
considering and studying the General Appropriations Bill. The Speaker is hereby empowered to give authorization for other standing commit tees of the House and such other committees as he might create to also remain at the Capitol during such period of time for the purpose of considering and studying other proposed legislation and other matters. Members of the Appropriations Committee and members of such other committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage and travel allowances au thorized by law for members of interim committees.

PART III.

BE IT FURTHER RESOLVED that after final adjournment of the 1971 regular session of the General Assembly until the convening of the 1972 regular session of the General Assembly, and after final adjournment of the 1972 regular session of the General Assembly until the convening of the 1973 regular session of the General Assembly, ex
cept as provided in Part IV of this resolution, the following provisions shall be in effect:

1. The Auditing, Enrolling and Engrossing, Journals Committee is hereby authorized to remain at the Capitol five days after adjournment for the purpose of checking bills and resolutions, auditing expenses

22

JOURNAL OF THE HOUSE,

and transacting whatever other matters are necessary. The members shall receive the expense, mileage and travel allowances authorized by law for members of interim committees.

2. The Speaker and such personnel as he deems necessary are au thorised to remain at the Capitol ten days after adjournment for the purpose of completing the work and records in the Speaker's office.
For each such day, such personnel shall receive an amount not to ex ceed the compensation and expenses received for each day during the regular session. After such ten-day period, the Speaker is authorized to keep his offices open for the transaction of the business of the House and for the convenience of the members of the General Assembly. He is authorized to employ such personnel as he shall deem necessary and advisable for such periods of time as he deems advisable and to fix the compensation for such personnel. For each day spent on official business
during the period of time covered in this part of this resolution, the Speaker shall be a committee of one and shall receive the expense, mile
age and travel allowances authorized by law for members of interim committees. The Speaker is also authorized to employ court reporters and consultants for the committees of the House, the rate of compensa tion therefor to be agreed upon by the Speaker and the Chairman of the Committee.

3. The Clerk of the House and such personnel as he deems neces sary are authorized to remain at the Capitol not to exceed forty days after adjournment of each regular session for the purpose of completing
the work and records in the Clerk's office. For each such day such per sonnel shall be compensated in an amount not to exceed the compensa tion arid expenses received for each clay during the regular session. After such forty-day period the Clerk is authorized to keep his office open for the transaction of business and for the convenience of the members of the House. The Clerk is authorized to employ secretaries to perform duties in the Clerk's office and fix the compensation therefor at an amount not to exceed $30 per diem each. 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 per diem each. The Clerk is authorized to open his office seven days prior to the con vening of any regular or extraordinary session of the General Assembly and to employ such personnel as he deems necessary and fix the com pensation therefor not to exceed the amount provided in Part I of this resolution.

4. The Majority Leader and such personnel as he deems necessary are authorized to remain at the Capitol seven days after adjournment for the purpose of completing the work and records in his office. For each such day, such personnel shall be compensated in an amount not to ex ceed the compensation and expenses received for each day during the regular session. The Majority Leader shall be furnished office space, and for each day spent on official business during the period covered by this part of this resolution, such Majority Leader shall be a commit tee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim committees. He is authorized to keep his office open during the entire period. He is also authorized to employ such personnel as provided for him in Part I of this resolution and such personnel shall be compensated as provided in Part I.

MONDAY, JANUARY 11, 1971

23

5. The Speaker is authorized to appoint committees from the mem bers of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage and travel allowances authorized by law for legislative members of interim legis lative committees. The Speaker shall designate the Chairman of any such committee and shall prescribe the time for which any such com mittee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage and travel allowances authorized by law for legislative members of interim legislative committees.

6. The Minority Leader and such personnel as he deems necessary are authorized to remain at the Capitol seven days after adjournment for the purpose of completing the work and records in his office. For each such day, such personnel shall be compensated in an amount not to exceed the compensation and expenses received for each day during the rgular session. The Minority Leader shall be furnished office space, and for each day spent on official business during the period covered by this part of this resolution, such Minority Leader shall be a commit tee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim committees. He is authorized to keep his office open during the entire period. He is also authorized to employ a secretary who shall be compensated as provided in Part I.

PART IV.
BE IT FURTHER RESOLVED that in the event of an extraordi nary session during the interim between the 1971 and 1972 regular ses sion of the General Assembly or between the 1972 and the 1973 regular session of the General Assembly, the following provisions shall be in effect:
1. The Speaker of the House, the Majority Leader of the House and the Minority Leader of the House are hereby authorized to appoint and employ the officials and employees authorized in Part I of this resolu tion for a period of time not to exceed seven days prior to the convening of such extraordinary session and terminating not later than ten days after final adjournment of said extraordinary session. Such officials and employees shall be compensated in an amount not to exceed that provided in Part I of this resolution. The Speaker Pro Tempore is au thorized to appoint one secretary and fix the compensation therefor in in an amount not to exceed that provided in Part I of this resolution. For the seven-day period prior to any such session and for the ten-day period after final adjournment of any such session, the Speaker of the House and the Majority Leader of the House shall each be a committee of one and shall receive the expense, mileage and travel allowances au thorized by law for members of interim committees.

24

JOURNAL OP THE HOUSE,

2. The Clerk of the House is hereby authorized to appoint and em ploy the officials and employees authorized in Part I of this resolution for a period of time not to exceed seven days prior to the convening of such extraordinary session and terminating not later than forty days after final adjournment of said extraordinary session. Such officials and employees shall be compensated in an amount not to exceed that pro vided in Part I of this resolution.

3. The Doorkeeper and Messenger elected by the House are au thorized to assume their duties during such extraordinary session and shall be compensated in an amount not to exceed that provided for in Part I of this resolution.

PART V.
BE IT FURTHER RESOLVED that during the period of time that the provisions of Part IV of this resolution are in effect, the provisions of Part II and Part III shall be suspended and shall be of no force and effect.

PART VI.
BE IT FURTHER RESOLVED that during such time as any of the officials listed hereinafter are authorized to be at the Capitol, the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, and the Clerk shall be furnished suitable office space and are authorized to purchase and requisition all necessary supplies, equipment, services, utilities and maintenance necessary for the operation of their offices.
Pursuant to the provisions of law, in addition to the amount he re ceives as salary as a member of the General Assembly, the Majority Leader shall receive an amount of twenty-four hundred dollars ($2,400.00) per annum, as salary, to be paid in equal monthly or semi-monthly installments.

PART VII.
BE IT FURTHER RESOLVED that during his tenure of office the Speaker is authorized to appoint an Executive Aide and other aides and fix the compensation, expenses and allowances therefor.

PART VIII.
BE IT FURTHER RESOLVED that the funds necessary to carry out the provisions of this resolution shall come from the funds appropri ated to and available to the legislative branch of government and shall be disbursed subject to the provisions hereof.

MONDAY, JANUARY 11, 1971

25

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 Senate, to-wit:

SR 1. By Senator Holloway of the 12th:
A Resolution notifying the House of Representatives that the Senate has convened; and for other purposes.

The following Resolution of the House was read and adopted:

HR 4. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Floyd of the 7th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that, except as hereinafter provided, the Rules of the House of Repre sentatives in force at the adjournment of the regular 1970 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the regular 1971 session.
BE IT FURTHER RESOLVED that the Rules are hereby amended by striking House Rule 209 in its entirety and inserting in lieu thereof a new House Rule 209 to read as follows:
"Rule 209. The Speaker shall appoint the following standing com mittees :
1. Agriculture. 2. Appropriations. 3. Auditing, Enrolling and Engrossing, Journals. 4. Banks and Banking. 5. Defense and Veterans Affairs. 6. Education. 7. Game and Fish.

26

JOURNAL OF THE HOUSE,

8. Health and Ecology. 9. Highways. 10. Industrial Relations. 11. Industry. 12. Insurance. 13. Interstate Cooperation. 14. Judiciary. 15. Legislative and Congressional Reapportionment. 16. Motor Vehicles. 17. Natural Resources. 18. Retirement. 19. Rules. 20. Special Judiciary. 21. State Institutions and Property. 22. State Planning and Community Affairs. 23. State of Republic. 24. Temperance. 25. University System of Georgia. 26. Ways and Means. 27. Welfare.

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 Cooperation.
The Speaker shall be an ex officio member of all standing commit tees of the House, but shall have no vote as an ex officio member ex cept on the Committee on Rules.
The Chairman and Vice Chairman of the Committee on Appropri ations 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 Appropria tions.
Except as hereinafter provided the Speaker shall appoint a Chair man, a Vice Chairman, and a Secretary for all standing committees 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."

MONDAY, JANUARY 11, 1971

27

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:

HR 2. By Messrs. Smith of the 43rd, Murphy of 19th, Busbee of 61st, and others. A Resolution to notify the Governor that the General Assembly has convened; and for other purposes.
The President has appointed as a committee to notify the Governor the following Senators:
Holloway of the 12th, Gillis of 20th, Bateman of 27th, Reynolds of 48th, Webb of llth, Carter of 14th, and Lester of 23rd.
The next order of business being the election of a Speaker Pro Tern of the House for the ensuing term of two years, the name of Honorable Thomas B. Murphy of the 19th was placed in nomination by Mr. Smith of the 3rd, which nomination was seconded by Mr. Lane of the 44th.
Mr. Busbee of the 61st moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire House for the nominee. The motion prevailed and the Honorable Thomas B. Murphy of the 19th was declared elected Speaker Pro Tern for the ensuing term of two years.
The Speaker appointed as a committee to escort the Speaker Pro Tern to the Speaker's stand the following members:
Messrs. Brown of the 32nd, Colwell of the Bth, Dean of the 19th, Mauldin of the 12th, Rush of the 61st, Cole of the 3rd and Wood of the llth.
The Speaker Pro Tern was escorted to the Speaker's stand, where he gave his speech of acceptance with thanks.
The next order of business being the election of a Messenger of the House, Mr. Dixon of the 65th placed in nomination the name of Honorable Elmore Thrash of Lowndes County, which nomination was seconded by Mr. Dorminy of the 48th.
Mr. Busbee of the 61st moved that the nominations be closed and that the Clerk of the House be directed to cast the vote of the entire body for the nominee.

28

JOURNAL OF THE HOUSE,

The motion prevailed and the Honorable Elmore Thrash of Lowndes County was declared elected Messenger of the House for the ensuing term of two years.

The Speaker appointed as a committee to escort the Messenger to the well of the House the following memebrs:

Messrs. Barfield, Bennett and Reaves of the 71st, Coiling of the 72nd and Russell of the 70th.

The Messenger was escorted to the well of the House where the oath of office was administered by the Speaker.

The next order of business being the election of a Doorkeeper of the House, Mr. Howell of the 60th placed in nomination the name of Honorable Marion Toms, which nomination was seconded by Mr. Black of the 45th.

Mr. Busbee of the 61st moved that the nominations be closed and that the Clerk of the House be directed to cast the vote of the entire House for the nominee. The motion prevailed and Honorable Marion Toms was declared elected Door keeper of the House for the ensuing term of two years.

The Speaker appointed as a committee to escort the Doorkeeper to the well of the House the following members:

Messrs. Dailey of the 53rd, Hudson of the 48th, Connell of the 79th, Davis of the 75th and Daugherty of the 109th.

The Doorkeeper of the House was escorted to the well of the House where the oath of office was administered by the Speaker.

The Honorable Edward C. Moses was administered the oath of office as Sheriff of the House by the Speaker.

The Following Resolutions of the House were read and adopted:

HR 5. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler

MONDAY, JANUARY 11, 1971

29

of the 34th, Ployd of the 7th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:

A RESOLUTION

Relative to the Committee on arrangements for the inauguration of the Governor and the Lieutenant Governor; 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 confer with the present Governor, the present Lieutenant Governor, the Governor-Elect, and the Lieutenant Governor-Elect relative to the arrangements for the inauguration of Honorable Jimmy Carter as Governor and Honorable Lester G. Maddox as Lieutenant Governor.

Pursuant to the provisions of HR 5, the Speaker appointed as a committee on the part of the House the following members thereof:

Messrs. Griffin of the 68th, Hadaway of the 27th, Leggett of the 67th, Harrison of the 58th, Maxwell of the 17th, Thompson of the 85th and Wheeler of the 57th.

HR 6. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Floyd of the 7th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A RESOLUTION
Calling a Joint Session of the House and Senate for the inauguration of the Governor and the Lieutenant Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the House of Representatives and the Senate meet in Joint Session at 10:15 o'clock a.m., Tuesday, January 12, 1971, for the purpose of inaugurating Honorable Jimmy Carter as Governor and Honorable Lester G. Maddox as Lieutenant 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 the incoming Governor, the retiring Governor, the incoming Lieutenant Governor and the retiring Lieutenant Governor to the scene of the inauguration.

Pursuant to the provisions of HR 6, the Speaker appointed as a committee on the part of the House the following members thereof:

30

JOURNAL OF THE HOUSE,

Messrs. Adams of the 100th, Hawes of the 95th, Lane of the 44th, Mrs. Merritt of the 46th, Messrs. Nunn of the 41st, Potts of the 30th and Shepherd of the 107th.

Mr. Oxford of the 46th was requested to refrain from receiving the administra tion of the oath of office due to the following contest filed with the office of the Clerk of the House of Representatives:

Honorable Oliver Oxford P. 0. Box J Americus, Georgia 31709

January 7, 1971

Dear Mr. Oxford:

Enclosed is a copy of the Contest filed concerning your House seat. This copy is sent to you for your information.

GWE/gb Enclosure

Cordially yours, Glenn W. Ellard Clerk

STATE OF GEORGIA:

TO THE HOUSE OF REPRESENTATIVES OF SAID STATE:

Clarence A. Parker, Incumbent Representative of The House of Representatives of the State of Georgia, representing District No. 46, Post One, brings this petition to The House, and shows as follows:

ONE.

That Petitioner is and has been Representative since January, 1966.

TWO.

That during 1970, Petitioner was opposed in the Democratic Gen eral Primary by Charles Oliver Oxford and J. W. Sewell, both rep resenting themselves to be residents of Sumter County. On September 9th, Petitioner led the ticket, but failed to obtain a majority, making a run-off necessary between Petitioner and Charles Oliver Oxford. In this run-off held on September 23, 1970, the said Charles Oliver Oxford received more votes than Petitioner.

THREE.

Petitioner respectfully shows that the said Charles Oliver Oxford fails to meet the qualifications required by Article III, Section VI, Para-

MONDAY, JANUARY 11, 1971

31

graph 1, of the Constitution of the State of Georgia, 1945 (Ga. Code Sect. 2-1801), in that the said Charles Oliver Oxford has not been a resident of the State of Georgia for the required period of two years.

FOUR.
As a matter of fact, the said Charles Oliver Oxford resided in Panama City, Florida, as a permanent resident of the said City and engaged in the practice of law in the said City until the 30th day of June, 1969. He did not move to Sumter County, Georgia, until July 1, 1969.

FIVE.
Because of the failure of the said Charles Oliver Oxford to meet the residental requirements hereinabove referred to, he should not be seated as a Member of The House of Representatives of this State.
WHEREFORE PETITIONER PRAYS, That this petition be filed as an official record of this House, that the said Charles Oliver Oxford be refused the seat to which he pretends, that a Special Election be called as provided by law to fill the vacancy which will then exist for Post No. One, District 46, and that Petitioner may have such other and further relief as may be appropriate under the circumstances.

This 7th day of January, 1971.
Respectfully Submitted,
/s/ Clarence A. Parker Incumbent Representative Post No. One, District 46

The contest of the seat occupied by Mr. Oxford of the 46th was referred to the Committee on Rules.

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 1. By Messrs. Smith of the 43rd, Busbee of the 61st, Murphy of the 19th, Lambert of the 25th, McCracken of the 26th, Lee of the 61st, Edwards of the 45th, Lee of the 21st, Chandler of the 34th, and Melton of the 32nd:
A Bill to be entitled an Act to authorize the Governor as Chief Executive, within constitutional and other limitations, to direct and effectuate the reorganization of any one or more departments, agencies, of the Executive Branch of State Government, or of any functions thereof; and for other purposes.
Referred to the Committee on Rules.

32

JOURNAL OF THE HOUSE,

HB 2. By Messrs. Melton of the 32nd and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act relating to the exemption from taxation of certain property, so as to exempt certain personal property from all ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

The Speaker announced the following committee assignments:

AGRICULTURE COMMITTEE

MATTHEWS of 63rd, Chairman LOWREY, Vice Chairman NESSMITH, Secretary Adams of 39th Black Carr Carter Chance Collins of 62nd Granade Grantham Hadaway

Hudson of 28th Hudson of 48th Northcutt Patten Reaves Russell of 70th Salem Strickland Tripp Wheeler of 57th Whitmire

AGRICULTURE SUBCOMMITTEES

GENERAL AGRICULTURAL MATTERS

COLLINS of 62nd, Chairman HUDSON of 28th, Vice Chairman STRICKLAND, Secretary

Carr Grantham

MARKETING & LIVESTOCK MATTERS

RUSSELL of 70th, Chairman REAVES, Vice Chairman PATTEN, Secretary

Chance Hadaway

MILK & MILK CONTROL

BLACK, Chairman NORTHCUTT, Vice Chairman WHEELER of 57th, Secretary

Hadaway Reaves

POULTRY MATTERS

HUDSON of 48th, Chairman SALEM, Vice Chairman

WHITMIRE, Secretary Granade

MONDAY, JANUARY 11, 1971

33

APPROPRIATIONS COMMITTEE

FLOYD of 7th, Chairman ODOM, Vice Chairman HARRIS, Secretary Brantley of 52nd Busbee Chandler Collins of 62nd Collins of 72nd Colwell Cook Daugherty Dean of 19th Dixon Egan Evans Farrar Gary Gignilliat Grahl Gunter Hamilton

Harrington Lane of 44th Lee of 21st Lewis Longino Lowrey Mauldin Merritt Moore Murphy Phillips of 29th Pickard Pinkston Reaves Russell of 70th Sherman Smith of 3rd Vaughn Ware Williams Wilson

APPROPRIATIONS SUBCOMMITTEES

AGRICULTURE, PARKS & PUBLIC WORKS

LOWREY, Chairman COLLINS of 62nd, Vice Chairman

MAULDIN, Secretary Reaves

EDUCATION

GRAHL, Chairman BRANTLEY of 52nd, Vice Chairman LONGINO, Secretary

Chandler Gunter

FAMILY & CHILDREN SERVICES

PICKARD, Chairman WILLIAMS, Vice Chairman MERRITT, Secretary

Hamilton Pinkston

HEALTH & RELATED AGENCIES

SMITH of 3rd, Chairman GARY, Vice Chairman

WILSON, Secretary Sherman

HIGHWAY DEPARTMENT & RELATED AGENCIES

DEAN of 19th, Chairman RUSSELL of 70th, Vice Chairman

COLWELL, Secretary Vaughn

34

JOURNAL OF THE HOUSE,

LABOR, DEFENSE & PUBLIC SAFETY

DAUGHERTY, Chairman DIXON, Vice Chairman GIGNILLIAT, Secretary

Gunter Moore

LAW, LEGISLATIVE & REGULATORY AGENCIES

LEWIS, Chairman LANE of 44th, Vice Chairman WARE, Secretary

Daugherty Murphy

DEPARTMENT OF REVENUE & RETIREMENT SYSTEM

PHILLIPS of 29th, Chairman MOORE, Vice Chairman LEE of 21st, Secretary

Farrar Harrington

AUDITING, ENROLLING & ENGROSSING, JOURNALS COMMITTEE

BLACK, Chairman MOORE, Vice Chairman MAULDIN, Secretary

Milford Potts Westlake

BANKS & BANKING COMMITTEE

GAYNOR, Chairman
LONGING, Vice Chairman PINKSTON, Secretary Alexander of 96th Barfield Berry Brantley of 114th Brown of 32nd Chappell Cheeks Daugherty Felton Ham Howard

Jordan
Kreeger Logan Melton Miles Milford Morgan Murphy Odom Pearce Shanahan Sims Sorrells Triplett

BANKS & BANKING SUBCOMMITTEES

GENERAL BANKING

SORRELLS, Chairman BERRY, Vice Chairman TRIPLETT, Secretary

Logan Morgan

MONDAY, JANUARY 11, 1971

35

INDUSTRIAL LOANS

SIMS, Chairman DAUGHERTY, Vice Chairman HAM, Secretary

Miles Pearce

DEFENSE & VETERANS AFFAIRS COMMITTEE

WARE, Chairman WOOD, Vice Chairman GIGNILLIAT, Secretary Berry Brantley of 114th Collins of 72nd Dean of 13th

Dean of 19th Floyd of 7th Griffin Hays Lane of 101st Moyer Russell of 70th

DEFENSE & VETERANS AFFAIRS SUBCOMMITTEES

CIVIL DEFENSE & VETERANS AFFAIRS

BERRY, Chairman DEAN of 13th, Vice Chairman BRANTLEY of 114th, Secretary

Dean of 19th Floyd of 7th

MILITARY AFFAIRS

RUSSELL of 70th, Chairman MOYER, Vice Chairman HAYS, Secretary

Dean of 19th Gignilliat

EDUCATION COMMITTEE

FARRAR, Chairman GRAHL, Vice Chairman NORTHCUTT, Secretary Adams of 9th Adams of 39th Bond Brown of 110th Carter Chance Clements Coney of 82nd Coney of 118th Dailey Davis of 75th Davis of 86th Dean of 13th Dean of 76th Drury Edwards

Ezzard Hamilton Hawes Hill of 94th Housley Hutchinson Isenberg Jones of 4th Jones of 87th Jordan Knight Knowles Larsen of 42nd Levitas Lewis Marcus Mauldin McDonald Miller

36
Moore Patterson Phillips of 38th Phillips of 50th Russell of 77th

JOURNAL OF THE HOUSE,
Shepherd Wamble Wheeler of 57th Wilson

EDUCATION SUBCOMMITTEES

AUTHORITIES & RETIREMENT SYSTEM

HUTCHINSON, Chairman DRURY, Vice Chairman HAWES, Secretary

Jones of 4th Knowles

COMMON SCHOOLS

HAMILTON, Chairman KNIGHT, Vice Chairman DAVIS of 75th, Secretary

Ezzard Lewis

SCHOOL BUILDINGS & SUPPLIES

WHEELER of 57th, Chairman ADAMS of 9th, Vice Chairman WILSON, Secretary

Bond Phillips of 38th

TRANSPORTATION

JORDAN, Chairman HILL of 94th, Vice Chairman CARTER, Secretary

Davis of 86th Patterson

VOCATIONAL EDUCATION

MAULDIN, Chairman CONEY of 82nd, Vice Chairman DEAN of 76th, Secretary

Chance Phillips of 50th

GAME & FISH COMMITTEE

RAINEY, Chairman
HOUSLEY, Vice Chairman PETER, Secretary Adams of 100th Alien
Atherton Carter Chappell Colwell Dent Floyd of 75th

Fraser
Grahl Grantham Griffin Harrison
Hays Hudson of 48th Johnson Kreeger Lane of 101st Leggett

MONDAY, JANUARY 11, 1971

37

Mullinax
Noble Roach Rush Salem

Stephens
Strickland Tripp Turner

GAME & FISH SUBCOMMITTEES

ADAMS of 100th, Chairman LEGGETT, Vice Chairman TRIPP, Secretary

BOATING
Harrison Rush

GRAHL, Chairman ERASER, Vice Chairman NOBLE, Secretary

STATE FISHERIES
Atherton Kreeger

HEALTH & ECOLOGY COMMITTEE

SMITH of 3rd, Chairman BROWN of 32nd, Vice Chairman MARCUS, Secretary Blackshear Brown of 81st Clements Drury Hudson of 48th

Larsen of 113th Lowrey Mulherin Russell of 14th Savage Shepherd Townsend Wheeler of 18th

HEALTH & ECOLOGY SUBCOMMITTEES

GENERAL HEALTH

LOWREY, Chairman MARCUS, Vice Chairman WHEELER of 18th, Secretary

Russell of 14th Townsend

NURSING HOMES & HOMES FOR AGED

HUDSON of 48th, Chairman MULHERIN, Vice Chairman CLEMENTS, Secretary

Blackshear Drury

38

JOURNAL OP THE HOUSE,

HIGHWAYS COMMITTEE

VAUGHN, Chairman DEAN of 19th, Vice Chairman McDANIELL, Secretary Adams of 9th Cheeks Cole Collins of 62nd Dean of 76th Dent Hadaway Ham Harris Hill of 97th Hudson of 28th Johnson King Logan

Matthews of 63rd Moyer Noble Northcutt Patterson Pearce Poole Potts Reaves Rush Shanahan Sorrells Stephens Thomason Triplett Wood

HIGHWAYS SUBCOMMITTEES HIGHWAY AUTHORITIES

NORTHCUTT, Chairman COLE, Vice Chairman HUDSON of 28th, Secretary

Harris Shanahan

HIGHWAY MAINTENANCE SHOPS & FACILITIES

HADAWAY, Chairman DENT, Vice Chairman
Secretary

Rush Stephens

INTERSTATE HIGHWAY SYSTEM

POTTS, Chairman SORRELLS, Vice Chairman THOMASON, Secretary

Hill of 97th Wood

STATE HIGHWAY SYSTEM

COLLINS of 62nd, Chairman KING, Vice Chairman PATTERSON, Secretary

Johnson Noble

INDUSTRIAL RELATIONS COMMITTEE

LEE of 21st, Chairman MULLINAX, Vice Chairman BROWN of 110th, Secretary

Barfield Battle Carr

MONDAY, JANUARY 11, 1971

89

Davis of 86th Ezzard Hudson of 28th Lane of 44th Larsen of 113th

Pickard Scarborough Sims Stephens

INDUSTRIAL RELATIONS SUBCOMMITTEES

EMPLOYMENT SERVICES

SIMS, Chairman SCARBOROUGH, Vice Chairman EZZARD, Secretary

Battle Stephens

GENERAL LABOR AFFAIRS

BARFIELD, Chairman BROWN of 110th, Vice Chairman BATTLE, Secretary

Hudson of 28th Stephens

WORKMEN'S COMPENSATION

PICKARD, Chairman CARR, Vice Chairman

LANE of 44th, Secretary Davis of 86th

INDUSTRY COMMITTEE

PICKARD, Chairman SWEAT, Vice Chairman MILLER, Secretary Adams of 9th Alien Bell Bennett of 81st Burruss Collins of 72nd Coney of 118th Conger
Hays

Hill of 97th Horton Knowles Leggett McDaniell Moyer Mullinax Phillips of 38th Shepherd Smith of 80th Wheeler of 57th

INDUSTRY SUBCOMMITTEES

INDUSTRIAL DEVELOPMENT

McDANIELL, Chairman HILL of 97th, Vice Chairman

CONEY of 118th, Secretary Horton

INDUSTRIAL INFORMATION & COORDINATION

KNOWLES, Chairman SHEPHERD, Vice Chairman

LEGGETT, Secretary Mullinax

40

JOURNAL OF THE HOUSE,

TOURISTS RELATIONS

PHILLIPS of 38th, Chairman SWEAT, Vice Chairman

COLLINS of 72nd, Secretary Miller

INSURANCE COMMITTEE

McCRACKEN, Chairman DIXON, Vice Chairman SHANAHAN, Secretary Bohannon Bond Bowen Coney of 82nd Greer Gunter Jessup

Knowles Lee of 61st Mason Peters Sherman Smith of 39th Smith of 80th Westlake Wood

INSURANCE SUBCOMMITTEES

FIRE, CASUALTY & ALLIED LINES

LEE of 61st, Chairman WESTLAKE, Vice Chairman

GREER, Secretary Bond

HEALTH, LIFE & ACCIDENT

SHANAHAN, Chairman MASON, Vice Chairman

BOHANNON, Secretary Gunter

INTERSTATE COOPERATION COMMITTEE

PHILLIPS of 29th, Chairman LAMBERT, Vice Chairman PICKARD, Secretary Lee of 21st

Longino McCracken Smith of 3rd

JUDICIARY COMMITTEE

SNOW, Chairman HAWES, Vice Chairman GUNTER, Secretary Alexander of 108th Bennett of 71st Bennett of 81st Bray Buck Clements Coney of 118th Daugherty Dean of 13th Evans

Hill of 94th King Lambert
Lee of 61st Levitas McCracken Morgan Nunn
Pearce Ross
Russell of 77th Savage Thomason

MONDAY, JANUARY 11, 1971

41

JUDICIARY SUBCOMMITTEES

GENERAL LAW & PROCEDURE

ROSS, Chairman
HILL of 94th, Vice Chairman DEAN of 13th, Secretary

Alexander of 108th Levitas

LAW ENFORCEMENT

LEE of 61st, Chairman MORGAN, Vice Chairman PEARCE, Secretary

Bray Nunn

PARDONS & PAROLES

LAMBERT, Chairman RUSSELL of 77th, Vice Chairman

DAUGHERTY, Secretary Thomason

TRUSTS & ESTATES

BENNETT of 71st, Chairman BENNETT of 81st, Vice Chairman

CONEY of 118th, Secretary Buck

LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT COMMITTEE

WILLIAMS, Chairman
BRANTLEY of 52nd, Vice Chairman WILSON, Secretary Adams of 100th Bostick Geisinger Griffin Hamilton Harrison Horton

Jessup
Jordan Keyton Mason Nunn Pinkston Ross Sherman Smith of 39th

MOTOR VEHICLES COMMITTEE

SMITH of 39th, Chairman JOHNSON, Vice Chairman GARY, Secretary Adams of 100th Barfield Brown of 81st Cole Harris Hood Hutchinson

Jessup Jones of 87th Matthews of 16th McDonald Milford Peters Poole Rainey Wamble

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JOURNAL OF THE HOUSE,

MOTOR VEHICLES SUBCOMMITTEES

MOTOR CARRIERS

COLE, Chairman HARRIS, Vice Chairman BROWN of 81st, Secretary

Adams of 100th Jessup Johnson

TITLE & LICENSE AFFAIRS

BARFIELD, Chairman POOLE, Vice Chairman JONES of 87th, Secretary

Matthews of 16th Rainey

TRAFFIC & SAFETY CONTROL

MILFORD, Chairman
WAMBLE, Vice Chairman PETERS, Secretary

Gary
Hood Hutchinson

NATURAL RESOURCES COMMITTEE

DORMINY, Chairman
HAD AW AY, Vice Chairman
PHILLIPS of 50th, Secretary Adams of 39th Alexander of 96th Battle Chance Jones of 4th

Mason
Maxwell
Noble Patten Poole Strickland Tripp Whitmire

NATURAL RESOURCES SUBCOMMITTEES

GAS, OIL, GEOLOGY & MINERALS

MASON, Chairman HADAWAY, Vice Chairman ADAMS of 39th, Secretary

Jones of 4th Patten

SOIL CONSERVATION

PHILLIPS of 50th, Chairman POOLE, Vice Chairman MAXWELL, Secretary

Battle Strickland

WATER, AIR & ENVIRONMENTAL POLLUTIONS

BATTLE, Chairman

Chance

ALEXANDER of 96th, Vice Chairman Hadaway

MASON, Secretary

MONDAY, JANUARY 11, 1971

43

RETIREMENT COMMITTEE

BUCK, Chairman BOSTICK, Vice Chairman WHEELER of 18th, Secretary Dent

'Howell Snow Townsend

RULES COMMITTEE

BUSBEE, Chairman LAMBERT, Vice Chairman LEWIS, Secretary
Brantley of 52nd Buck Burruss Connell Edwards Egan Felton Gaynor Geisinger Greer Howard Howell Lee of 21st

Longino Matthews of 16th McCracken Melton Miller Murphy Nessmith Phillips of 29th Smith of 3rd Sweat Toles Townsend Vaughn Ware Williams

RULES COMMITTEES

PRIVILEGE RESOLUTIONS

BRANTLEY of 52nd, Chairman WARE, Vice Chairman HOWELL, Secretary

Lambert McCracken

RULES CHANGES

EDWARDS, Chairman SMITH of 3rd, Vice Chairman TOLES, Secretary

Phillips of 29th Sweat

SPECIAL JUDICIARY COMMITTEE

ROACH, Chairman COLLIER, Vice Chairman FELTON, Secretary Brown of 81st Fraser Gaynor Granade Ham

Howard Knight Kreeger Larsen of 42nd Scarborough Smith of 80th Sorrells Thompson

44

JOURNAL OF THE HOUSE,

SPECIAL JUDICIARY SUBCOMMITTEES

CODE REVISION

KREEGER, Chairman LARSEN of 42nd, Vice Chairman

BROWN of 81st, Secretary Gaynor

CONSTITUTIONAL AMENDMENTS

SORRELL, Chairman SCARBOROUGH, Vice Chairman HOWARD, Secretary

Granade Knight

INQUIRY & INVESTIGATION

THOMPSON, Chairman PRASER, Vice Chairman

SMITH of 80th, Secretary Ham

STATE INSTITUTIONS & PROPERTY COMMITTEE

CHANDLER, Chairman COLWELL, Vice Chairman POTTS, Secretary Alexander of 108th Black Bond Burruss Carr Chappell Conger Dailey Davis of 86th Eraser Harrington Harrison Jones of 87th

Leggett Maxwell McDaniell McDonald Mulherin Nessmith Patterson Rainey Roach Rush Sims Sweat Thompson Toles Turner Whitmire

STATE INSTITUTIONS & PROPERTY SUBCOMMITTEES

ELEEMOSYNARY INSTITUTIONS

ALEXANDER of 108th, Chairman McDONALD, Vice Chairman WHITMIRE, Secretary

Harrington Thompson

PENAL INSTITUTIONS

DAILEY, Chairman ROACH, Vice Chairman POTTS, Secretary

Black Harrison Jones of 87th

MONDAY, JANUARY 11, 1971

45

PROPERTY CONTROL

TOLES, Chairman BURRUSS, Vice Chairman SIMS, Secretary

Fraser Mulherin

RECREATIONAL FACILITIES

McDANIELL, Chairman NESSMITH, Vice Chairman SIMS, Secretary

Maxwell Sweat

STATE INCOME PRODUCING PROPERTIES

RAINEY, Chairman PATTERSON, Vice Chairman DAVIS of 86th, Secretary

Rush Toles

CONGER, Chairman SWEAT, Vice Chairman TURNER, Secretary Carr

STATE PORTS
Davis of 86th Leggett Nessmith

STATE PLANNING & COMMUNITY AFFAIRS COMMITTEE

LEVITAS, Chairman NUNN, Vice Chairman HORTON, Secretary Alexander of 96th Atherton Blackshear Brantley of 114th Brown of 110th Coney of 82nd Cook Davis of 75th Farrar Floyd of 75th

Gary Geisinger Hill of 97th Housley Knight Lane of 101st Larsen of 113th Merritt Mulherin Patten Russell of 77th Thomason

STATE PLANNING & COMMUNITY AFFAIRS SUBCOMMITTEES

LOCAL LEGISLATION

HOUSLEY, Chairman MULHERIN, Vice Chairman HILL of 97th, Secretary

Alexander of 96th Coney of 82nd

46

JOURNAL OF THE HOUSE,

STATE & FEDERAL RELATIONS

ATHERTON, Chairman GEISINGER, Vice Chairman BROWN of 110th, Secretary

Brantley of 114th Patten

STATE OF REPUBLIC COMMITTEE

HOWELL, Chairman BRAY, Vice Chairman KEYTON, Secretary Bohannon Connell Davis of 75th Dorminy Edwards

Floyd of 75th Hawes Isenberg Lambert Larsen of 42nd Triplett Turner

TEMPERANCE COMMITTEE

LANE of 44th, Chairman THOMPSON, Vice Chairman BENNETT of 71st, Secretary Blackshear

Conger Evans Hood Miles

UNIVERSITY SYSTEM OF GEORGIA COMMITTEE

MATTHEWS of 16th, Chairman CONNELL, Vice Chairman ROSS, Secretary Alexander of 108th Atherton Battle Bell Bohannon Bowen Brown of 32nd Chandler Collier Floyd of 7th

Gignilliat Granade King Logan Maxwell Merritt Odom Russell of 14th Scarborough Toles Westlake Wheeler of 18th

UNIVERSITY SYSTEM OF GEORGIA SUBCOMMITTEES

GIGNILLIAT, Chairman BOWEN, Vice Chairman LOGAN, Secretary

HIGHER FINANCE
Maxwell Scarborough

LONG RANGE PROGRAM

MERRITT, Chairman TOLES, Vice Chairman BOHANNON, Secretary

Ross Westlake

MONDAY, JANUARY 11, 1971

47

WAYS & MEANS COMMITTEE

MELTON, Chairman WAMBLE, Vice Chairman MILES, Secretary Alien Bell Bennett of 71st Bennett of 81st Berry Bostick Bowen Bray Busbee Cole Collier
Cook

Dailey Dixon Dorminy Egan Greer Hutchinson Isenberg Keyton Lee of 61st Marcus Phillips of 29th Phillips of 50th Salem Snow

WAYS & MEANS SUBCOMMITTEES

INCOME & ESTATE TAXES

DORMINY, Chairman BOWEN, Vice Chairman EGAN, Secretary

Marcus Snow

PUBLIC UTILITIES & TRANSPORTATION

BERRY, Chairman ALLEN, Vice Chairman DAILEY, Secretary

Cook Hutchinson

REAL & INTANGIBLE TAX

PHILLIPS of 50th, Chairman COLLIER, Vice Chairman ISENBERG, Secretary

Bray Phillips of 29th

SALES & USE TAX

SALEM, Chairman BENNETT of 71st, Vice Chairman BELL, Secretary

Isenberg Lee of 61st

KEYTON, Chairman GREER, Vice Chairman COOK, Secretary

TAX REVISION
Bostick Cole

48

JOURNAL OF THE HOUSE,

WELFARE COMMITTEE

HARRINGTON, Chairman
PHILLIPS of 38th, Vice Chairman DEAN of 76th, Secretary Cheeks Drury Ezzard Grantham

Hill of 94th
Hood Jones of 4th Matthews of 63rd Morgan Russell of 14th Savage

HOOD, Chairman EZZARD, Vice Chairman CHEEKS, Secretary

BENEFITS & AID
Hill of 94th Matthews of 63rd

JUVENILE MATTERS

RUSSELL of 14th, Chairman DEAN of 76th, Vice Chairman GRANTHAM, Secretary

Jones of 4th Savage

Mr. Levitas of the 77th, Chairman of the Committee on State Planning and Community Affairs, requested the following rules governing local legislation appear in the Journal:
RULES FOR SUBCOMMITTEE ON LOCAL LEGISLATION STATE PLANNING AND COMMUNITY AFFAIRS COMMITTEE
The following rules were adopted by the Subcommittee on Local Legislation for its use in handling local bills, local resolutions, amend ments and substitutes:
1. In order for a local bill or local resolution to receive a favorable report from the Subcommittee on Local Legislation, such bill or resolu tion must bear the signatures of 2/3 of those members of the House of Representatives representing the district or districts in which any part of the political subdivision or subdivisions affected by such bill or resolution is situated. This provision shall be effective for local bills and local resolutions originated in the Senate and received in the House as well as House local bills and local resolutions. In the case where two or more counties are involved and the local bill affects taxation or boundaries of the counties or political subdivisions lying partly in more than one county, the 2/3 vote shall be required of the representatives from each county separately.
2. In order for a substitute for a local bill or local resolution or an amendment to a local bill or local resolution to be reported out of the Subcommittee on Local Legislation, it shall be necessary for such amend ment or substitute to bear the signatures of 2/3 of those members of the House of Representatives representing the district or districts in which

MONDAY, JANUARY 11, 1971

49

any part of the political subdivision or subdivisions affected by such bill or resolution is situated.

3. The Representatives of a district may, by unanimous consent, agree to a rule to apply to their district other than the 2/3 rule or other than the geographic application of the 2/3 rule, but such rule and agreement must be in writing, signed by all the members of the district and filed with and approved by the Committee. Unless rescinded by the Committee, the agreement shall apply during the 1971 and 1972 Sessions of the General Assembly and shall not be changed during this time other than by unanimous consent.

4. In order for a local Bill or local Resolution to be reported out of the Committee it must comply with the provisions of House Rule 128 which provides:

"No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the news paper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General As sembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law . . ."

5. For the purpose of Committee consideration of a local bill or local resolution, the Subcommittee on Local Legislation shall not recog nize the removal of a signature from such bill or resolution after such bill or resolution has been referred to the Committee; provided, how ever, that should notice in writing, signed by all of those persons whose signatures appear on a local bill or resolution, be presented to the Sub committee on Local Legislation requesting that such bill or resolution be delayed, or not acted upon, the Subcommittee on Local Legislation will honor such notice and act accordingly.

6. The appearance on the back to a local bill or local resolution of the typed name of a member of the House shall not be recognized as such member's signature. The actual signing of the member's name and district shall be required before the Subcommittee on Local Legisla tion will take favorable action on any local bill or local resolution.

7. No person other than a member who has signed a local bill, resolution, amendment or substitute shall be entitled to obtain possession of the original bill, etc. from the Clerk's office without the written consent of a member who has signed the same, except for the officers of the Committee and the chairman of the Subcommittee. No person shall keep an original bill, etc. in his possession, after it has been filed with the Clerk, for any continuoiis period of more than 24 hours without re-depositing the same with the Clerk's office for a period of at least 8 hours. The procedures specified herein may be waived by action of the Subcommittee when circumstances justify it from time to time but such action must be in writing and signed by the chairman of the Sub committee.

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8. If the Representatives elected from a county with respect to which they have the right to sign local bills shall adopt, in accordance with their own delegation or local procedures, reasonable procedures for the consideration or processing of local bills applicable to that county or to the political subdivisions thereof, such procedures will be honored by the Subcommittee under the following conditions:
(a) The local procedures may not affect the geographic re quirements or the required number of signatures (unless by uanimous consent provided in rule 3) nor otherwise be in conflict with these rules.
(b) The local procedure must be in writing and filed with and approved by the Subcommittee and signed by all the members of the local delegation or by the chairman or secretary of such local delegation, if such delegation has elected a chairman or secretary. The local procedures may not be changed without such changes being filed with and approved by the Subcommittee in the same manner.
(c) No local bill pertaining to a delegation adopting local procedures shall be acted upon by the Subcommittee until it receives a written certification from a member of that local delegation, who has been designated in the local procedures filed with the Sub committee, stating that the local procedures pertaining to that bill have been complied with.
(d) Where circumstances justify such action, the Subcom mittee may withdraw its approval of any such local delegation procedures, in which event such local procedures shall no longer be binding on the Subcommittee.
9. Any bill reported by the Subcommittee shall automatically and promptly be reported in the same manner by the Committee, unless the chairman of the Committee directs that a hearing be held by the full committee on a particular bill.
10. The Committee shall render its reports on Local Legislation separately from its reports on general legislation.

The following communications were received:
HOUSE OF REPRESENTATIVES
Atlanta, Georgia
January 11, 1971
Honorable Glenn W. Ellard, Clerk House of Representatives State Capitol Atlanta, Georgia
Dear Jack:
This is to advise you that I am today removing the Honorable Peyton S. Hawes, Jr., District 95, from the State of Republic Committee.

MONDAY, JANUARY 11, 1971

51

In lieu thereof he will serve as a member of the Ways & Means Com mittee.
Sincerely, /s/ Geo. L. Smith II
GLS: eph CC: Honorable Peyton S. Hawes, Jr.
Honorable Quimby Melton, Jr.
Honorable Mobley Howell Honorable Gary Bond Honorable Frank Edwards

HOUSE OF REPRESENTATIVES
Atlanta, Georgia
January 11, 1971
Honorable Glenn W. Ellard, Clerk House of Representatives State Capitol Atlanta, Georgia
Dear Jack:
This is to advise you that I am today removing the Honorable Joe Isenberg, District 67, from the House Education Committee. In lieu thereof he will serve as a member of the Banks and Banking Committee.
Sincerely, /s/ Geo. L. Smith II
GLS: eph
CC: Honorable Joe Isenberg
Honorable Robert H. Farrar Honorable Alan S. Gaynor Honorable Gary Bond Honorable Frank Edwards

HOUSE OF REPRESENTATIVES

Atlanta, Georgia

Honorable Glenn W. Ellard, Clerk House of Representatives State Capitol Atlanta, Georgia

January 11, 1971

Dear Jack:

This is to advise you that I am today removing the Honorable Lauren McDonald, Jr., District 15, from the House Education Committee.

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JOURNAL OF THE HOUSE,

In lieu thereof he will serve as a member of the State of Republic Com mittee.

Sincerely, /s/ Geo. L. Smith II

GLS: eph CC: Honorable Lauren McDonald, Jr.
Honorable Robert H. Farrar Honorable Mobley Howell Honorable Gary Bond Honorable Frank Edwards

The following communication was received and read:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 11, 1971
Honorable Glenn W. Ellard, Clerk House of Representatives General Assembly of Georgia State Capitol Atlanta, Georgia
Dear Mr. Ellard:
This is to certify that Representative George D. Busbee of the 61st District was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Democratic Caucus held on the 5th day of November, 1970, at the State Capitol, Atlanta, Ga.
This certification is submitted pursuant to Rule 209 of the Rules of the House of Representatives.
Respectfully, /s/ E. Roy Lambert, Chairman
DEMOCRATIC CAUCUS of the HOUSE OF REPRESENTATIVES
ERL/da

MONDAY, JANUARY 11, 1971

53

The following communication was received and read:

HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 11, 1971
The Honorable Geo. L. Smith, II Speaker of the Assembly of the House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Speaker:
This is to certify that Representative George D. Busbee of the 61st District was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Democratic Caucus held on the 5th day of November, 1970, at the State Capitol, Atlanta, Ga.
This certification is submitted pursuant to Rule 209 of the Rules of the House of Representatives.
So certified this llth day of January, 1971.
Respectfully, /s/ E. Roy Lambert, Chairman
DEMOCRATIC CAUCUS of the HOUSE OF REPRESENTATIVES
ERL/da

The following communication was received and read:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
December 2, 1970
Hon. Glenn Ellard, Clerk Georgia House of Representatives State Capitol Atlanta, Georgia
Dear Glenn:
I have attached certification that the Hon. Michael J. Egan, Jr. has been elected Minority Floor Leader of the House Republican Caucus for the 1971-72 term on November 24, 1970.

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We look forward to the coming Legislative sessions with great enthusiasm. If I can be of further service, please let me hear from you.

enclosures; dsh

Very truly yours, /s/ Jim Westlake
Republican Caucus Chairman

To: Clerk, Georgia House of Representatives

In accordance with Plouse Rule 209, I do hereby certify that Michael J. Egan, Jr. has been elected Minority Leader of the House Republican Caucus for the 1971-72 term.

This 24 day of November, 1970.

/s/ James R. Westlake, Chairman House of Representatives Republican Caucus

Pursuant to the provisions of Code Chapter 47-10, as amended, the follow ing Communications from the Honorable Ben W. Portson, Jr., Secretary of State, were received:
SECRETARY OF STATE State Capitol Atlanta
January 11, 1971
Honorable Glenn W. Ellard Clerk House of Representatives State Capitol Atlanta, Georgia 30334
Dear Jack:
I am transmitting to you herewith a certified list of those one hundred eighteen (118) persons who registered in the Docket of Legisla tive Appearances as of 10:00 A.M., Monday, January 11, 1971, pursuant to Act No. 1294, Georgia Laws, 1970.
With best wishes, I am
Sincerely your friend, /s/ Ben W. Fortson, Jr.
Secretary of State
Enclosures

MONDAY, JANUARY 11, 1971

55

REGISTRATION OF LOBBYISTS

CODE CHAPTER 47-10 AMENDED

CODE 92-508 REPEALED.

ACT NO. 1294 (H.B. N. 1210)

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; to change the provisions relating to persons required to register; to provide that the Secretary of State shall issue identification cards to such persons; to provide for a registration fee; to require such persons to carry such identification cards while in the State Capitol during 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 respective Rules Committees and that the Chairman of said Committees shall report violations to ap propriate officials; to provide that the foregoing provisions shall not apply to certain persons; to delete the requirement for the 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 fol lows:

"47-1002. Registration with Secretary of State.-- (a) Every person representing, with or without compensation, any person, firm, corpora tion, 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, association, 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 ap pearance, with appropriate 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.

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(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 the person, firm, corporation, association, or organization he represents; provided, that when any such person represents more than one person, firm, corporation, 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 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 respective persons, firms, corporations or associations they represent who have registered with him. During sessions of the General 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 members of the House and Senate shall have the responsibility of bringing to the attention of the Rules Com mittee of each respective House violations of this Section and Chapter. and the Chairmen of the respective Rules Committees shall have the responsibility 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 com mittee 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 Section 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 471002, 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:

MONDAY, JANUARY 11, 1971

57

"47-1005. Punishment. Any person who fails to comply with or violates any of the provisions of Code Sections 47-1002, 47-1003 and 471004 shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."

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.

Approved March 24, 1970. Effective July 1, 1970.

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the thirteen pages of photographed matter hereto attached contain the names of those one hundred eighteen (118) persons, along with the respective persons, firms, corporations or associations they represent, who have registered in the Docket of Legislative Ap pearances, as of 10:00 A.M., Monday, January 11, 1971.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this llth day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-One and of the Independence of the United States of America the One Hundred and Ninety-Fifth.

/a/ Ben W. Fortson, Jr. Secretary of State
1. W. B. Bryan Seaboard Coast Line Railroad Company 148 Cain Street, N. E. Atlanta, Georgia 30303
2. Ed W. Hiles Georgia Savings & Loan League, Inc. 1311 William-Oliver Building Atlanta, Georgia 30303
3. Gene Dyson Georgia Business & Industry Assoc. 181 Washington Street, S. W. Atlanta, Georgia 30303
4. Clifford M. Clarke Georgia Business & Industry Assoc. 181 Washington Street, S. W. Atlanta, Georgia 30303

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JOURNAL OF THE HOUSE,

5. James M. Parkman Georgia Business & Industry Assoc. 181 Washington Street, S. W. Atlanta, Georgia 30303

6. J. W. Giles International Brotherhood of Electrical Workers, Local Union 84, APL-CIO 501 Pulliam Street, S. W. Suite 548 Atlanta, Georgia 30312

7. Dunham McAllister Georgia Municipal Association, Inc. 501 Fulton Federal Building Atlanta, Georgia 30303

8. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 740 National Bank of Georgia Building Atlanta, Georgia 30303

9. Jim H. Conner Georgia Textile Manufacturers Association, Inc. 740 National Bank of Georgia Building Atlanta, Georgia 30303

10. W. Sam Phillips Georgia Mobile Home Association 348 East Paces Ferry Road, N. E. Suite A-2 Atlanta, Georgia 30305

11. F. Coin Campbell, Jr. Home Builders Association 2221 Tristan Circle, N. E. Atlanta, Georgia 30329

12. Mary Ann Whatley Home Builders Association 339 Buckhead Avenue, N. E. Atlanta, Georgia 30304

13. James W. Haney Home Builders Association 4100 Patrick Drive, N. W. Atlanta, Georgia 30336

14. Eric Holmes, Jr. Petroleum Council of Georgia 161 Peachtree Street, N. W. Atlanta, Georgia 30303

MONDAY, JANUARY 11, 1971

59

15. Ralph A. Heisel Christian Science Committee on Publication for Georgia Healey Building Atlanta, Georgia 30303

16. Stephen R. Styron Georgia Hotel-Motel Association 1410 Rhodes-Haverty Building Atlanta, Georgia 30303

17. Raymond L. Hill Georgia Hotel-Motel Association 1410 Rhodes-Haverty Building Atlanta, Georgia 30303

18. Robert W. Phillips President, Atlanta Hotel-Motel Association 1410 Rhodes-Haverty Building Atlanta, Georgia 30303

19. Robert B. Symonette Georgia Power Co. Box 4545 Atlanta, Georgia 30302

20. Jerry R. Griffin Georgia Municipal Association 501 Fulton Federal Building Atlanta, Georgia 30303
21. Jack W. Houston Georgia Association of Petroleum Retailers Room 833 315 W. Ponce de Leon Avenue Decatur, Georgia 30030
22. Joe W. Andrews, Jr. REGISTERED AGENT Southern Association Services 1. Georgia Independent Meat Packers Association 2. Georgia Retail Jewelers Association 3. Menswear Retailers of Georgia 4. Home Builders Association of Georgia 5. Georgia Industrial Loan Association 1239 Second Street P. 0. Box 801 Macon, Georgia 31202
23. Ivan Winsett Georgia Electrification Council P. O. Box 115 Maxeys, Georgia 30671

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24. Harrison Bray Georgia Oilmen's Association Suite 507 148 Cain Street Atlanta, Georgia 30303

25. Bill McBrayer Georgia Retail Association 8E2 Merchandise Mart Atlanta, Georgia 30303

26. Clint G. Sweazea Air Transport Association c/o Delta Airlines Atlanta Airport Atlanta, Georgia 30320

27. Mayor Sam Massell Citizens of Atlanta City Hall Atlanta, Georgia 30303
28. Charles H. Lindsey Georgia Launderers and Cleaners Association Suite 438 1145 Peachtree, N. E. Atlanta, Georgia 30309
29. Prank H. Welton Georgia Agri-Business Council, Inc. 19 Hunter Street, S. W. Atlanta, Georgia 30334
30. Charles T. White Georgia Beer Wholesalers Association 1896 Commodore Way Atlanta, Georgia 30345
31. William M. Brasher Society of Real Estate Appraisers P. O. Box 10005 Atlanta, Georgia 30329
32. Rev. Fred C. Bennette, Jr. REGISTERED AGENT 1. Southern Christian Leadership Conference 2. Georgia Voters League 3. All Citizens Registration Committee 334 Auburn Avenue, N. E. Atlanta, Georgia 30303
33. John A. West Ace Bonding Co., Inc. 175 Butler Street, S. E. Atlanta, Georgia 30303

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61

34. Elmer George Georgia Municipal Association 501 Fulton Federal Building Atlanta, Georgia 30303

35. Dexter Gatehouse Georgia Retail Food Dealers Association, Inc. 1087 Katherwood Drive, S. W. Atlanta, Georgia 30310

36. Roy J. Nicholson Georgia Professional Barbers Association, Inc. 255 East Paces Ferry Road, N. E. Atlanta, Georgia 30305

37. Carlton Marlow Mark Inn Motels 4745 Bakers Ferry Road, S. W. Atlanta, Georgia 30336
38. R. Edward Rice Georgia Association of Life Underwriters 2420 Kingsley Drive P. O. Box 5071 Macon, Georgia 31208
39. Mrs. George E. Stuart REGISTERED AGENT 1. Leafmore Hills Garden Club 2. Citizens for Clean Air 1231 Clairmont Avenue Decatur, Georgia 30030
40. Archie D. Yawn Air Transport Association Southern Airways 2671 Rollingbrook Trail East Point, Georgia 30344
41. John B. Chapman Atlanta Real Estate Board 14th Floor, Healey Building Atlanta, Georgia 30303
42. James Howard State, County, and Municipal Employees Labor Union (AFL-CIO) Suite 506 1421 Peachtree Street, N.E. Atlanta, Georgia 30309

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43. William E. Renouf Transamerica Financial Corporation (Pacific Finance) Suite 138 3781 N. E. Expressway Atlanta, Georgia 30340

44. Mrs. Merlyn E. Richardson Georgians for Quality Public Education 75-5 Park Lane Decatur, Georgia 30033

45. Chris Monti REGISTERED AGENT 1. Student Bar Association 2. Nu Beta Epsilon Law Fraternity 3158 Maple Drive, N. E. Suite 35 Atlanta, Georgia 30305

46. James E. Ware Georgia Savings & Loan League, Inc. 1311 William-Oliver Building Atlanta, Georgia 30303

47. Wilton Hill Georgia School Bus Drivers Association Box 158 Reidsville, Georgia 30453

48. Ethridge Paulk Georgians for Quality Public Education P. O. Box 84 Fitzgerald, Georgia 31750

49. W. T. Hughes, Jr. Georgia Bankers Association 1420 William-Oliver Building Atlanta, Georgia 30303

50. Franklin P. Lindsey, Jr. Georgia Bankers Association 1420 William-Oliver Building Atlanta, Georgia 30303

51. George Russell The Welfare Rights 22 Butler Street, N. E. Atlanta, Georgia 30312
52. Arthur A. Maddox Maddox Employment Service 3019 Morehouse Street Columbus, Georgia

MONDAY, JANUARY 11, 1971

63

53. Harvey R. Brown Consulting Engineers Council 210 Bona Alien Building Atlanta, Georgia 30303

54. John N. Booth Southern Bell Telephone & Telegraph Company Room 501
800 Peachtree Street, N. E. Atlanta, Georgia 30308

55. Mrs. Dorothy Spence Georgia Association of Private Employment Agencies 1701 Fulton National Bank Building Atlanta, Georgia 30303

56. J. R. (Jim) Snyder United Transportation Union Millbrook Drive Box 136E Snellville, Georgia 30278

57. Herbert C. Green United Automobile Workers 1776 Peachtree Street Suite 328 Atlanta, Georgia 30309

58. Thomas C. Watson Independent Bankers Association of Georgia 350 East Paces Ferry Road, N. E. Atlanta, Georgia 30305

59. M. F. Moncrief Atlantic Steel Company P. O. Box 1714 Atlanta, Georgia 30301

60. J. Robert Benton Wine Institute 1104 Lenox Towers 3390 Peachtree Road, N. E. Atlanta, Georgia 30326

61. Rev. Andrew Young REGISTERED AGENT 1. Southern Christian Leadership Conference 2. Atlanta Community Relations Commission 3. Georgia Voters League 1088 Veltre Circle, S. W. Atlanta, Georgia 30311

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62. Mamie Kennedy Taylor Georgia Federation of Women's Clubs 1137 Briarcliff Road, N. E. Atlanta, Georgia 30306

63. Mrs. Dorothy Bolden National Domestic Workers Union 643 Delbridge Street, N. W. Atlanta, Georgia 30314

64. H. E. Reagan REGISTERED AGENT 1. Atlanta Retail Merchants Association 2. Atlanta Automobile Association 14A10 Atlanta Merchandise Mart Atlanta, Georgia 30303

65. Al B. Reddick Allstate Insurance Company Safety Crusade 3585 Northside Parkway, N. W. Atlanta, Georgia 30327

66. Glenn M. Hogan Georgia Hospital Association 92 Piedmont Avenue, N .E. Atlanta, Georgia 30303

67. E. C. Mitcham, Jr. Georgia Association of Educators 197 Central Avenue, S. W. Atlanta, Georgia 30303

68. Kyle D. Smith, Jr. Georgia Association of Educators 197 Central Avenue, S. W. Atlanta, Georgia 30303

69. Charlie A. Hicks Georgia Association of Educators 197 Central Avenue, S. W. Atlanta, Georgia 30303

70. G. W. Tibbetts Georgia Association of Educators 197 Central Avenue, S. W. Atlanta, Georgia 30303
71. Ski Bashinski REGISTERED AGENT 1. Georgia Independent Auto Dealers Association 2. Georgia Funeral Directors Association 296 - 14th Street, N. W. Atlanta, Georgia 30318

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65

72. Howard H. Burns Georgia Hearing Aid Society 1411 William-Oliver Building
Atlanta, Georgia 30303

73. Alfred McClure, Jr. REGISTERED AGENT
1. Atlanta NAACP 2. Young Democrats of Fulton County 3. Prudential Insurance Company of America 751 Bolton Road, N. W. Atlanta, Georgia 30331

74. J. D. Muse Consolidated Funds, Inc. 156 Forsyth Street, S. W. Atlanta, Georgia 30303

75. Gilbert D. Spindel, Sr. REGISTERED AGENT 1. National Engineers Legal Fund, General Counsel 2. Joseph H. Leopold and Joseph Franklin Spires, Past Presidents of Georgia Society of Professional Engineers, Representative of a Class of Engineers 1182 West Peachtree Street, N. W. Atlanta, Georgia 30309

76. Joseph H. Leopold National Engineers Legal Fund 44 Forsyth Street, N. W. Atlanta, Georgia 30303

77. Fred C. Long Georgia Nursing Home Association 1081 Allgood Road Stone Mountain, Georgia 30083

78. Juanita Terry Williams REGISTERED AGENT 1. Southern Christian Leadership Conference 2. Georgia Voters League 8 East Lake Drive, N. E. Atlanta, Georgia 30317

79. Louis Zakas Seven Steers Restaurant 3172 Roswell Road Atlanta, Georgia 30305

80. J. Carter Summerlin Seven Steers Restaurant 3172 Roswell Road Atlanta, Georgia 30305

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81. W. P. Maynard Atlanta Transit System 4190 Briarcliff Road Atlanta, Georgia 30345

82. H. L. Taylor Atlanta Transit System 1475 Cave Road, N. W. Atlanta, Georgia 30327

83. John V. Haines Georgia Automobile Title Service
P. O. Box 77208 Station C Atlanta, Georgia 30309

84. George R. Goss Georgia Association of Home Builders P. O. Box 790 Elberton, Georgia 30635
85. Charles W. Yeargin Georgia Association of Home Builders P. 0. Box 584 Elberton, Georgia 30635
86. Paul Bush Georgia Association of Home Builders P. O. Box 1400 Americus, Georgia 31709
87. Theodore A. King REGISTERED AGENT 1. Southern Bell Telephone and Telegraph Company 2. National Council of Crime and Delinquency 805 Peachtree Street, N. E. Room 311 Atlanta, Georgia 30308
88. Wallace C. Wathen Atlanta Transit System 125 Pine Street, N. E. P. O. Box 1595 Atlanta, Georgia 30301
89. James M. Thurman Georgia State Association of Life Underwriters 1422 West Peachtree Street, N. W. Suite 814 Atlanta, Georgia 30309

MONDAY, JANUARY 11, 1971

67

90. J. D. King, Jr. Atlanta Chamber of Commerce 1800 Commerce Building Atlanta, Georgia 30303

91. Joseph J. Moylan Automobile Manufacturers Association, Inc. 827 Hartford Building Atlanta, Georgia 30303

92. Harold Joiner Georgia Forestry Association 1204 Carnegie Building Atlanta, Georgia 30303
93. Dr. D. D. Humber Georgia Chiropractic Association 755 Simpson Street, N. W. Atlanta, Georgia 30314

94. D. E. (Don) MacDonald Minnesota Mining and Manufacturing Company 3742 Midvale Road Tucker, Georgia 30084
95. W. R. Beers Minnesota Mining and Manufacturing Company 4203 Oak Forest Drive Atlanta, Georgia 30319

96. John D. Prien, Jr. Georgia Society of Pofessional Engineers 1375 Peachtree Street, N. E. Atlanta, Georgia 30309

97. Hershel W. Farmer Louisville & Nashville Railroad Company 1800 First National Bank Building Atlanta, Georgia 30303

98. Charles A. Rawson REGISTERED AGENT 1. Livingston Enterprises 2. Georgia Beer Wholesalers 133 Carnegie Way, N. W. Atlanta, Georgia 30303

99. John F. Kiser Fulton County Medical Society 875 West Peachtree Street, N. E. Atlanta, Georgia 30309

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100. James M. Moffett Medical Association of Georgia
938 Peachtree Street, N. E. Atlanta, Georgia 30309

101. Katherine Pope Georgia State Nurses' Association 269 - 10th Street, N. E. Atlanta, Georgia 30309

102. Bryce W. Holcomb Georgia Soft Drink Bottlers Association 3512 Broad Street Chamblee, Georgia 30005

103. Mrs. Frank Stringer League of Women Voters of Georgia 3121 Maple Drive, N. E. Atlanta, Georgia 30305

104. Clyde Julian Conner International Brotherhood of Electrical Workers, Local Union 84, AFL-CIO 501 Pulliam Street, S. W. Suite 548 Atlanta, Georgia 30312

105. Harold Sheats Association of County Commissioners of Georgia 1310 Spencer Avenue East Point, Georgia 30344

106. Ovid Davis The Coca-Cola Company P. O. Drawer 1734 Atlanta, Georgia 30301

107. Earl T. Leonard, Jr. The Coca-Cola Company P. O. Drawer 1734 Atlanta, Georgia 30301
108. Mrs. J. C. Lynch League of Women Voters of Georgia 1304 DeSoto Drive Dalton, Georgia 30720
109. Charles Moore REGISTERED AGENT 1. Viking Distillery 2. Charles Moore & Associates 1601 Rhodes-Haverty Building Atlanta, Georgia 30303

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69

110. Gigi Peyton REGISTERED AGENT 1. Viking Distillery 2. Charles Moore & Associates 1601 Rhodes-Haverty Building Atlanta, Georgia 30303

111. Talitha M. Russell Georgia Society of Opthamology P. 0. Box 655 McDonough, Georgia 30253

112. Glenn Anthony Georgia State Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303

113. J. 0. (Jim) Moore Georgia State AFL-CIO 501 Pulliam Street, S. W. Suite 549 Atlanta, Georgia 30312
114. Robert R. Richardson REGISTERED AGENT 1. City of Atlanta and Fulton County Recreation Authority 2. American Bar Association 3. Georgia Defense Lawyers Association 614 William-Oliver Building Atlanta, Georgia 30303

115. Hill R. Healan Association County Commissioners of Georgia 205 Forsyth Building Atlanta, Georgia 30303

116. Henry J. Wise Georgia Municipal Association 501 Fulton Federal Building Atlanta, Georgia 30303
117. John W. Wallace Georgia Safety Council 100 Edgewood Avenue Atlanta, Georgia 30303

118. S. G. Davenport United Transportation Union Route 4 Americus, Georgia 31709

As of Monday, January 11, 1971 10:00 A.M.

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The following communication was received:

SECRETARY OF STATE State Capitol Atlanta

I, Ben W. Fortson, Jr., Secretary of State do hereby certify that the attached is a true and correct copy of the results of the votes cast in the November 3, 1970 General Election for the Constitutional Officers, namely, Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, State Trea surer, Commissioner of Agriculture and Commissioner of Labor, as canvassed by the Constitutional Officers Election Board on the tenth day of November, 1970, and certified to me, by the Honorable Geo. L. Smith II, Speaker of the House of Representatives as Chairman, of the Constitutional Officers Election Board, on that date; all as the same appears of file and record in this office.

Given under my hand and seal of office on this the llth day of January, 1971.
/s/ Ben W. Fortson, Jr. Secretary of State

I, Geo. L. Smith II, as Speaker of the House of Representatives and Chairman of the Constitutional Officers Election Board, do hereby certify that the following is a true and correct statement of the results of the votes cast in the November 3, 1970 General Election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agri culture, and Commissioner of Labor, as canvassed by the Constitutional Officers Election Board, 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, on Tuesday, November 10, 1970 at 10:00 A. M. in the Chamber of the House of Representatives at the State Capitol, Atlanta, Georgia, pursuant to Article V, Section I, Paragraph III of the Consti tution of the State of Georgia and Section 34-1509 of the Georgia Election Code:

FOR GOVERNOR

Republican Hal Suit 424,983

Democrat Jimmy Carter
620,419

Write-in Votes 1,261

Whereas a total of 998,029 votes were cast for this office, and Democratic Nominee Jimmy Carter received a majority of the whole number of votes cast, the said Jimmy Carter is hereby declared the duly elected Governor of the State of Georgia.

MONDAY, JANUARY 11, 1971

71

FOR LIEUTENANT GOVERNOR

Republican
Prank G. Miller 263,415

Democrat Lester Maddox
733,797
Write-in Votes 817

Whereas a total of 998,029 votes were cast for this office, and Democratic Nominee Lester Maddox received a majority of the whole number of votes cast, the said Lester Maddox is hereby declared the duly elected Lieutenant Governor of the State of Georgia.

FOR SECRETARY OF STATE

Republican
Robert D. (Bob) Carney 179,443

Democrat
Ben W. Fortson, Jr. 773,468

Write-in Votes 30

Whereas a total of 952,941 votes were cast for this office, and Democratic Nominee Ben W. Fortson, Jr. received a majority of the whole number of votes cast, the said Ben W. Fortson, Jr. is hereby declared the duly elected Secretary of State of the State of Georgia.

FOR COMMISSIONER OF AGRICULTURE

Republican
W. A. "Shorty" Maddox, Jr. 203,318

Democrat
Tommy Irvin 744,191

Write-in Votes 6

Whereas a total of 947,515 votes were cast for this office, and Democratic Nominee Tommy Irvin received a majority of the whole number of votes cast, the said Tommy Irvin is hereby declared the duly elected Commissioner of Agriculture of the State of Georgia.

FOR COMPTROLLER GENERAL

Republican
W. Lewis Johnson 189,959

Democrat
Johnnie L. Caldwell 755,860

Write-in Votes 31

Whereas a total of 945,850 votes were cast for this office, and Democratic Nominee Johnnie L. Caldwell received a majority of the

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whole number of votes cast, the said Johnnie L. Caldwell is hereby declared the duly elected Comptroller General of the State of Georgia.

FOR STATE TREASURER

Republican Jack B. Ray
316,972

Democrat William H. (Bill) Burson
618,558
Write-in Votes 8

Whereas a total of 935,538 votes were cast for this office, and Democratic Nominee William H. (Bill) Burson received a majority of the whole number of votes cast, the said William H. (Bill) Burson is hereby declared the duly elected State Treasurer of the State of Georgia.

FOR ATTORNEY GENERAL

Democrat Arthur K. Bolton
731,025
Write-in Votes 21

Whereas a total of 731,046 votes were cast for this office, and Democratic Nominee Arthur K. Bolton received a majority of the whole number of votes cast, the said Arthur K. Bolton is hereby declared the duly elected Attorney General of the State of Georgia.

FOR STATE SCHOOL SUPERINTENDENT

Write-in Votes 27

Democrat Jack P. Nix
736,847

Whereas a total of 736,874 votes were cast for this office, and Democratic Nominee Jack P. Nix received a majority of the whole number of votes cast, the said Jack P. Nix is hereby declared the duly elected State School Superintendent of the State of Georgia.

FOR COMMISSIONER OF LABOR

Republican Ben T. Huiet
242,762

Democrat Sam Caldwell
703,267
Write-in Votes 9

MONDAY, JANUARY 11, 1971

73

Whereas a total of 946,038 votes were cast for this office, and Democratic Nominee Sam Caldwell received a majority of the whole number of votes cast, the said Sam Caldwell is hereby declared the duly elected Commissioner of Labor of the State of Georgia.

A copy of the Write-in votes cast for Governor, Lieutenant Gov ernor and other Constitutional Officers is attached hereto and by re ference made a part of this certification.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of my office to be affixed hereto, this 10th day of No vember, 1970.

/s/ Geo. L. Smith II Speaker of House of Representatives Chairman, Constitutional Officers Election Board

The following oaths of office were administered by the Honorable Hiram K. Undercofler, Associate Justice, Supreme Court of Georgia:
OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Consti tution 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.
/s/ Sidney Lowrey
Sworn to and subscribed before me, this llth day of January, 1971.
/s/ Hiram K. Undercofler Associate Justice Supreme Court of Georgia.
OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Consti tution 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.

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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.

/s/ James H. "Sloppy" Floyd

Sworn to and subscribed before me, this llth day of January, 1971.

/s/ Hiram K. Undercofler Associate Justice Supreme Court of Georgia.

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 o'clock, tomorrow morning.

TUESDAY, JANUARY 12, 1971

75

Representative Hall, Atlanta, Georgia Tuesday, January 12, 1971

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. Vernard E. Robertson, District Superintendent of the Valdosta District, United Methodist Church, Valdosta, Georgia.

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

Adams, G. D. Adams, J.
Adams, M. Alexander, W. H. Alexander, W. M. Alien
Atherton Barfield
Battle Bell Bennett, J. T. Bennett, Tom
Berry Black Blackshear Bohannon
Bond Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Evans Ezzard
Farrar Felton Floyd, L. R. Fraser Gary Geisinger
Gignilliat Grahl
Granade Grantham
Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley

Howard Howell
Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb
Jones, J. R. Jordan Keyton
King Knight Knowles Kreeger
Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett 'Le vitas Logan
Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McCracken McDaniell McDonald Melton Merritt Miles Milford

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Miller
Moore Morgan Moyer Mulherin Mullinax Murphy
Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters
Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard
Pinkston

Poole
Potts Rainey Reaves Roach Ross Rush
Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims
Smith, H. R. Smith, J. R. Smith, V. T. Sorrells
Stephens

Strickland
Sweat Thomason Thompson Toles Townsend Triplett
Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire
Williams Wilson Wood

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.

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

HB 3. By Messrs. Isenberg and Leggett of the 67th and Connell of the 79th:
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 dealer's compensation for collecting the sales tax from 3% of the tax collected to 2%; and for other purposes.
Referred to the Committee on Ways and Means.

HB 4. By Messrs. Chandler of the 34th, Adams of the 100th and 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 provide for the suspension of

TUESDAY, JANUARY 12, 1971

77

registration and for a system of point violations relative thereto; to provide for notification of suspension of registration and for hearings and judicial review; and for other purposes.
Referred to the Committee on Game and Fish.

HB 5. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act creating the Board of Recreation Examiners, so as to change the provisions relative to the duties and responsibilities of the Board; to change the provisions relative to eligibility for examination as Recreation Leader; and for other purposes.
Referred to the Committee on State of Republic.

HB 6. By Messrs. Matthews and Logan of the 16th:
A Bill to he entitled an Act to amend an Act granting a charter to the Mayor and Council of the City of Athens, so as to provide that a municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall also be eligible to enter as a candidate any political party primary or general election other than to succeed himself or a public elective office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 7. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to provide for automatic qualification for 120 months guaranteed certain plan as provided with option to change to a regular retirement benefit and to provide a special death benefit for parti cipant's spouse; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 8. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens", so as to authorize the Mayor and Council of the City of Athens in enforcing Housing Codes to assess cost of demolition where a financial hardship exists; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 9. By Messrs. Chandler of the 34th, Colwell of the 5th, Toles of the 9th, Sweat of the 65th, Kreeger of the 117th:
A Bill to be entitled an Act to amend Code Title 91, relative to public property, so as to provide for a central inventory of State owned mov able personal property; and for other purposes.
Referred to the Committee on State Institutions & Property.

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JOURNAL OF THE HOUSE,

HB 10. By Messrs. Colwell of the 5th, Gunter of the 6th, Knowles of the 22nd, Phillips of the 38th and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia; and for other purposes.
Referred to the Committee on Retirement.

HB 11. By Messrs. Chandler of the 34th, Colwell of the 5th, Sweat of the 65th and Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act providing the procedures under which surplus State-owned property shall be disposed of; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 12. By Mr. Jordan of the 74th:
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 strike and repeal the provision authorizing compensation for the dealer for col lecting, accounting for and remitting the tax levied by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 13. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend an Act known as the Act creating the public school employees' retirement system; and for other purposes.
Referred to the Committee on Retirement.

HB 14. By Messrs. Johnson of the 29th, Housley of the 117th, Dean of the 76th, Brown of the 110th, Harris of the 10th, and Hutchinson of the 61st:
A Bill to be entitled an Act to create the office of Ombudsman; and for other purposes.
Referred to the Committee on Judiciary.

HB 15. By Messrs. Johnson of the 29th, Harris of the 10th, Hutchinson of the 61st and Housley of the 117th:
A Bill to be entitled an Act to prohibit any person from walking nude on the streets or other public areas; and for other purposes.
Referred to the Committee on Judiciary.

HB 16. By Messrs. Johnson of the 29th, Hutchinson of the 61st, Harris of the 10th and Housley of the 117th:
A Bill to be entitled an Act to prohibit any person from sleeping, lying or sitting on public sidewalks in such manner as to block same; and for other purposes.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 12, 1971

79

HB 17. By Messrs. Johnson of the 29th, Hutchinson of the filst, Harris of the 10th and Housley of the 117th:
A Bill to be entitled an Act to provide that each law enforcement officer may in his discretion be armed with and carry Mace; and for other purposes.
Referred to the Committee on Judiciary.

HR 7-17. By Messrs. Chandler of the 34th, McCracken of the 36th and Phillips of the 29th:
A Resolution creating the Automobile Liability Insurance Study Com mission and prescribing its powers and duties; and for other purposes.
Referred to the Committee on Insurance.

HR 8-17. By Messrs. Salem of the 51st, Phillips of the 50th, Howell of the 60th, Lewis of the 37th, Patterson of the 20th, Pelton of the 95th and Strickland of the 56th:
A Resolution creating a Comprehensive Vocational Training Program for High Schools Study Committee; and for other purposes.
Referred to the Committee on Education.

HR 9-17. By Mr. Salem of the 51st: A Resolution compensating R. L. Cato; and for other purposes.
Referred to the Committee on Appropriations.

HR 10-17. By Mr. Salem of the 51st: A Resolution compensating Mrs. Lula Pound; and for other purposes.
Referred to the Committee on Appropriations.

HB 18. By Messrs. Johnson of the 29th, Hutchinson of the 61st, Harris of the 10th and Housley of the 117th:
A Bill to be entitled an Act to amend Code Section 24-2908, relating to the duties of the District Attorney, so as to provide that the District Attorney shall remove himself from the grand jury's presence once they begin deliberation upon a proposed indictment, unless requested to remain by the grand jury; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 11-18. By Mr. Grantham of the 55th:
A Resolution compensating the Supreme Meadow Ice Cream Company; and for other purposes. Referred to the Committee on Appropriations.

HR 12-18. By Mr. Grantham of the 55th: A Resolution compensating Daniel S. Vickers; and for other purposes.
Referred to the Committee on Appropriations.

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

HB 1. By Messrs. Smith of the 43rd, Busbee of the 61st, Murphy of the 19th, Lambert of the 25th, McCracken of the 36th, Lee of the 61st, Edwards of the 45th, Lee of the 21st, Chandler of the 34th, and Melton of the 32nd:
A Bill to be entitled an Act to authorize the Governor as Chief Ex ecutive, within constitutional and other limitations, to direct and effectuate the reorganization of any one or more departments, agencies, of the Executive Branch of State Government, or of any functions, thereof; and for other purposes.

HB 2. By Messrs. Melton of the 32nd and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act relating to the exemption from taxation of certain property, so as to exempt certain personal property from all ad valorem taxation; and for other purposes.

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 Bill of the House and has instructed me to report same back to the House with the following recommendations:

HB 2. Do Pass.

Respectfully submitted, Mr. Melton of the 32nd, 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:
HR 5. Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st and others:
A Resolution relative to the committee on arrangements for the inaugura tion of the Governor and the Lieutenant Governor; and for other pur poses.
The President has appointed as a committee to confer on the arrangements for the inauguration the following Senators:
Webb of the llth, Dean of 6th, Searcey of 2nd, Adams of 5th, Chapman of the 32nd, Johnson of the 38th, and Kennedy of the 4th.

TUESDAY, JANUARY 12, 1971

81

The following communication from His Excellency, Governor Lester G. Maddox, was received and read:

EXECUTIVE DEPARTMENT Atlanta

January 11, 1971

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

Ladies and Gentlemen:

In accordance with Article VI, Section I, Paragraph XI of the Con stitution of the State of Georgia, I report to you as follows:
Subsequent to the adjournment of the Regular Session of the Gen eral Assembly on February 21, 1970, to the date of this communication, there have been no convictions for treason in the State of Georgia. There fore 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 October 14, 1970, 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 October 16, 1970, after conviction of Murder in the Superior Court of Lowndes County. The sentence was stayed for a
period of sixty (60) 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.

LM: jc

Sincerely, /s/ Lester Maddox
Governor

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:

HR 6. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of 61st, Edwards of the 45th and others:
A Resolution calling a Joint Session of the House and Senate for the

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inauguration of the Governor and the Lieutenant Governor; and for other purposes.

The President has appointed as a committee of escort the following Senators:
Plunkett of the 30th, Broun of 46th, Coggin of 35th, Starr of 44th, Jackson of the 16th, Stephens of the 36th, and Ballard of the 45th.

The following communications were received:

HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 12, 1971
Honorable Glenn W. Ellard, Clerk House of Representatives State Capitol Atlanta, Georgia

Dear Jack:

This is to advise that a new subcommittee had been added to the Defense & Veterans Affairs Committee entitled Aviation Affairs.

The following will be the officers and members making up this new subcommittee:

Honorable Joe T. Wood. District 11, Chairman; Stanley N. Collins, Jr., District 72, Vice Chairman; R. A. Griffin, District 68, Secretary; Leon K. Floyd, District 75; and Arthur M. Gignilliat, Jr., District 89.

GLS: eph

Sincerely, /s/ Geo. L. Smith II

CC: All members of subcommittee

Honorable Crawford Ware

Honorable Gary Bond

Honorable Wm. H. Burson

Honorable Frank Edwards

Honorable Ben Fortson

HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 12, 1971
Honorable William H. Burson State Treasurer 245 Capitol Atlanta, Georgia
Dear Mr. Burson:
This is to advise you that under authority granted me under Act

TUESDAY, JANUARY 12, 1971

83

Number 620, (House Bill 969), Volume 1 1968 Georgia laws, pages 9-19, I hereby reappoint the Honorable Paul E. Nessmith of the 44th District to serve as a member of the Surface Mined Land Use Board for a term beginning January 11, 1971 and ending January 8, 1973.

With kindest regards and best wishes, I am

Sincerely yours, /s/ Geo. L. Smith II
GLS: eph CC: Honorable Jimmy Carter, Governor of Georgia
Honorable Lester G. Maddox, Lt. Gov. of Georgia Honorable Glenn W. Ellard, Clerk of the House Hon. Sanford Darby, Director, Georgia Surface
Mined Land Use Board Honorable Frank H. Edwards, Legislative Counsel Honorable Hamilton McWhorter, Jr., Sec. of Senate Honorable Gary Bond, Fiscal Officer Honorable Paul E. Nessmith

HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 12, 1971
Honorable Glenn W. Ellard, Clerk House of Representatives State Capitol Atlanta, Georgia
Dear Jack:
This is to advise that I am placing the Honorable Dewey D. Rush, District 51, will serve on the Penal Institutions Subcommittee of State Institutions & Property Committee.
Sincerely, /s/ Geo. L. Smith II
GLS: eph CC: Honorable Dewey D. Rush
Honorable Gary Bond Honorable Frank Edwards Honorable Howard Rainey

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JOURNAL OF THE HOUSE,

HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 12, 1971
Honorable Glenn W. Ellard, Clerk House of Representatives State Capitol Atlanta, Georgia
Dear Jack:
This is to advise you that I am today removing the Honorable W. Jones Lane, District 44, from the House Industrial Relations Committee. In lieu thereof he will serve as a member of the University System of Georgia Committee.
Sincerely, /s/ Geo. L. Smith II
GLS: eph CC: Honorable W. Jones Lane
Honorable Wm. J. Lee
Honorable Chappelle Matthews
Honorable Gary Bond
Honorable Frank Edwards

The following Resolution of the House was read and adopted:
HR 18. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Floyd of the 7th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that immediately after the dissolution of the Joint Session of the House of Representatives and Senate, which will be held January 12, 1971, for the purpose of inaugurating the Governor and Lieutenant Governor, the House of Representatives stand adjourned until 10:00 o'clock a.m., Wednesday, January 13, 1971.
The hour of convening the Joint Session, under the provisions of HR 6, having arrived, the Senate appeared upon the floor of the House.
The Joint Session was called to order by the President of the Senate, the Honorable George T. Smith, Lieutenant Governor of Georgia.

TUESDAY, JANUARY 12, 1971

85

The Resolution calling for the Joint Session was read.

The members of the General Assembly in Joint Session then proceeded to the Washington Street entrance to the Capitol, where the Joint Session, called for the purpose of inaugurating Governor-elect Jimmy Carter and Lieutenant Governorelect Lester G. Maddox, was called to order by the Speaker of the House of Representatives, the Honorable George L. Smith II.

The inaugural program was as follows:
JIMMY CARTER Governor
Jimmy Carter was born October 1, 1924, near Plains in Sumter County, Georgia, an area of the State that was settled by his forebears in 1840. His father, the late James Earl Carter, Sr., was a farmer and a State Representative. His mother, Lillian Gordy Carter, is a registered

After graduation from Plains High School, Jimmy attended Georgia Southwestern and Georgia Tech, then entered the United States Naval Academy. Following his graduation, he married Rosalynn Smith of Plains. They have three sons, Jack, Chip, and Jeff, and one daughter, Amy. During a ten year naval career, Jimmy served with the Atomic Energy Commission under Admiral Hyman Rickover. He was senior officer of the Atomic Submarine Seawolf prior to its commissioning.
Upon the death of his father, Jimmy Carter came home to Plains. He farmed, established a peanut and cotton warehouse and entered the public life of his State and community. He organized the West Central Georgia Planning Commission. He was elected chairman of the local school board, first Chairman of the Georgia Planning Association, and district governor of Lions International. During two terms in the Georgia Senate, he chaired the University Committee and served on the Education, Highway, Agriculture, and Appropriations Committees. Jimmy Carter was voted one of Georgia's most effective Senators. He is a deacon in the Plains Baptist Church.
In 1966, Jimmy Carter ran for Governor and lost. In 1970, he was elected Governor of Georgia.

LESTER G. MADDOX Lieutenant Governor
Lester Maddox was born in Atlanta, September 30, 1915. Educated in public schools, he advanced his skills with extensive home study in engineering and accounting.
Always a staunch advocate of personal initiative, hard work and private enterprise, he became a newsboy at age 12. He bought the "Atlanta Georgian" for two cents and sold it for three cents. His first job paid four dollars a week. He started his first business with an investment of four dollars.

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At age 19, he became supervisor of an Atlanta industry and mastered the many phases of industrial activity. He then made success ful ventures into other business fields. With a life savings of $400, he opened and operated Lester's Grill. In 1947, he opened the Pickrick Restaurant. Though experts predicted a business failure, the Pickrick became one of Georgia's most favored restaurants. Rather than submit to demands he considered unconstitutional, he closed the Pickrick at a personal loss of over one million dollars.
Lester Maddox has always been an avid student of government. From early life, he has been concerned about the rapid growth of Fed eral influence into areas legally reserved to the State. In 1966, without the backing of either political party, he was elected Governor of Georgia.
His administration as Governor was based upon citizen involvement and the triple principles of honesty, efficiency, and morality. Great advances were made in penal reform and mental health. The greatest influx of industry in Georgia history led to high levels of prosperity and progress. Due to this record, he was overwhelmingly elected Lieu tenant Governor in 1970.
Lester Maddox is a life long member of North Atlanta Baptist Church where he has taught a men's Bible Class for many years. He is a York Rite and Scottish Rite Mason and maintains active membership in numerous civic and business groups.
He is married to the former Virginia Cox of Birmingham, Alabama. He and Virginia have four children and four grandchildren.

INAUGURAL PROGRAM
January 12, 1971--Washington Street Entrance--State Capitol
11:30 A.M.
BAND SELECTIONS..........._--------.----U. S. Naval Academy Band
JOINT SESSION-----.____--------------------.----called to order by HONORABLE GEO. L. SMITH, II, Speaker, House of Representatives
INVOCATION .....__-__----------REVEREND NELSON L. PRICE
THE NATIONAL ANTHEM__--------......U. S. Naval Academy Band
RECOGNITION --.... of State House Officers and Distinguished Guests
SONG: BATTLE HYMN OF THE REPUBLIC--_----.........__--Morris Brown Concert Choir
PRESENTATION __......------------------------.of Distinguished Guests
DELIVERY OF GREAT SEAL OF GEORGIA TO GOVERNOR ....._--HONORABLE BEN W. FORTSON, JR., Secretary of State

TUESDAY, JANUARY 12, 1971

87

12:00 NOON
ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR ELECT__-...HONORABLE ROBERT H. JORDAN, Presiding Judge, Court of Appeals
DELIVERY OF GREAT SEAL OF GEORGIA TO SECRETARY OF STATE__..........GOVERNOR JIMMY CARTER
INAUGURAL ADDRESS--------GOVERNOR JIMMY CARTER
ADMINISTRATION OF OATH OF OFFICE TO LIEUTENANT GOVERNOR------------.----HONORABLE PEYTON S. HAWES Associate Justice, Supreme Court
ADDRESS__.....LIEUTENANT GOVERNOR LESTER G. MADDOX
SONG: GOD BLESS AMERICA...................--..----..............-.-Audience
BENEDICTION ----------------....RABBI ABRAHAM I. ROSENBERG
DISSOLUTION OF JOINT SESSION......LIEUTENANT GOVERNOR LESTER G. MADDOX

3:00 P.M. to 5:00 P.M.
RECEPTION ----------__--------__...--..ALL FRIENDS INVITED Executive Mansion

9:00 P.M. to 1:00 A.M.
INAUGURAL BALL........._.--....-Sponsored by The Old Guard of the Gate City Guard and The Gate City Guard

CONSTITUTIONAL OFFICERS
Governor...--..................___-------___________--------JIMMY CARTER Lieutenant Governor------------------------____.LESTER G. MADDOX Speaker of House of Representatives.------_----------GEO. L. SMITH II Secretary of State.--...............____......--.........BEN W. FORTSON, JR. Comptroller General........__....._.-------------...JO HNNIE L. CALDWELL Attorney General------------------___------------ARTHUR K. BOLTON State Treasurer-......................----......WILLIAM H. (BILL) BURSON Superintendent of Schools..-.-----------.--.--...--.-.-JACK P. NIX Commissioner of Agriculture--------------------____--TOMMY IRVIN Commissioner of Labor.----------------_----------------SAM CALDWELL

PUBLIC SERVICE COMMISSIONERS

BEN T. WIGGINS Chairman

WILLIAM H. KIMBROUGH WALTER R. McDONALD

BOBBY PAFFORD CRAWFORD L. PILCHER

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JOURNAL OF THE HOUSE,

SUPREME COURT
Chief Justice....____--------------------__.___...BOND ALMAND Presiding Justice.-.-..--.__..........._...__._......___.__-CARLTON MOBLEY Associate Justice.---------------.------___.BENNING M. GRICE Associate Justice ........_-------------------------------- H. E. NICHOLS Associate Justice............------------..............HIRAM K. UNDERCOFLER Associate Justice.--------------------------___-- JULE W. FELTON Associate Justice.------------__.....----......__--PEYTON S. HAWES

COURT OF APPEALS
Chief Judge .--------------..----------------JOHN SAMMONS BELL Presiding Judge.-------------------------__.----.ROBERT H. JORDAN Presiding Judge.----------------------------------ROBERT H. HALL Judge...........................----..-..------.........HOMER C. EBERHARDT Judge.----------------------------------------......CHARLES A. PANNELL Judge...-..........-...................----___------.BRASWELL D. DEEN, JR. Judge..-------......--.----------------------------J. KELLEY QUILLIAN Judge ......--------.......---------------------.GEORGE P. WHITMAN, SR. Judge............................._------------............RANDALL EVANS, JR.

GEORGIA STATE SENATE

LESTER G. MADDOX, Lieutenant Governor

John R. Riley William A. Searcey Edward Helmey (Ed)
Zipperer Joseph E. Kennedy Ronald F. Adams Roscoe Emory Dean,
Jr. Frank Eldridge, Jr. Robert A. (Bobby)
Rowan Ford B. Spinks Michael N. Herndon Julian Webb A. W. (Al) Holloway Martin Young Hugh A. Carter Floyd Hudgins Harry C. Jackson Turner R. Scott Stanley E. Smith, Jr.

E. M. "Pete" McDuffie Hugh M. Gillis, Sr. Jay Carroll Cox R. Eugene Holley James L. Lester Sam P. McGill Culver Kidd Hubert Earl Hamilton,
Jr. Oliver C. Bateman Robert H. Smalley, Jr. Render Hill Lamar R. Plunkett James I. Parker Cyrus M. (Cy)
Chapman J. H. (Jack)
Henderson, Jr. Armstrong Smith Frank E. Coggin Jack L. Stephens
(In District Order)

Ed Garrard Leroy Johnson Horace T. Ward E. Earl Patton, Jr. Jim Tysinger Robert Walling Joe S. Higginbotham Terrell A. Starr W. D. Ballard Paul C. Broun M. Parks Brown Steve Reynolds Howard T. Overby Maylon K. London Jack C. Fineher, Sr. Sam W. Doss, Jr. Billy Shaw Abney W. W. (Bill) Fineher,
Jr. Max Cleland Paul D. Coverdell

GEORGIA HOUSE OF REPRESENTATIVES

GEO. L. SMITH II, Speaker

Charles Clements, Jr. Forest Hayes, Jr. Wayne Snow, Jr. Robert G. Peters Jack Cole

Virgil T. Smith Thomas J. Turner Jimmy R. Jones Carlton H. Colwell Don C. Moore

Jack N. Gunter James H. "Sloppy"
Floyd Tom L. Shanahan Sidney Lowrey

TUESDAY, JANUARY 12, 1971

89

John Adams E. B. Toles Joe Prank Harris Will Poole Andy Roach W. M. (Bill) Williams Doug Whitmire Joe T. Wood A. T. Mauldin W. D. (Billy) Milford Gib Dean James D. Mason Alex B. Russell Lauren (Bubba)
McDonald, Jr. Hugh Logan Chappelle Matthews James E. Maxwell, Sr. Jack A. Wheeler Thomas B. Murphy Nathan Dean John K. (Uncle John)
Patterson J. E, Bohannon Wm. J. (Bill) Lee Arch Gary Lamar Dailey
Northcutt Don L. Knowles J. W. (Jim) Morgan Marvin W. Sorrells E. R. Lambert Ben Barron Ross John H. Hadaway Charles M. Hudson Glenn S. Phillips Bobby W. Johnson J. Crawford Ware Edwin G. (Ed)
Mullinax Nathan G. Knight George W. Potts Claude A. Bray, Jr. Quimby Melton, Jr. Clayton Brown, Jr. Phillip Benson Ham J. Floyd Harrington Philip M. Chandler Tom C. Carr J. Roy McCracken Preston B. Lewis, Jr. W. Randolph Phillips Marvin Adams J. R. Smith Daniel K. Grahl Sam A. Nunn, Jr. E. Vince Moyer

Roy J. Chappell, Sr. W. W. Larsen, Jr. Geo. L. Smith II W. Jones Lane Paul E. Nessmith, Sr. George A. Chance, Jr. J. Lucius Black Ward Edwards Oliver Oxford Janet S. Merritt Howard H. Rainey Rooney L. Bowen A. B. C. Dorminy, Jr. Ted Hudson Guy Tripp Ben Jessup L. L. "Pete" Phillips W. J. "Bill" Salem Dewey D. Rush Hines L. Brantley J. T. (Jake) Dailey James M. Collier Simon Grantham L. Jack Strickland Bobby Wheeler Bob Harrison Donald Hines Eraser Mobley Howell George D. Busbee Colquitt H. Odom R. S. (Dick)
Hutchinson Billy Lee Marcus E. Collins Grover C. Patten Dorsey R. Matthews Henry Bostick Hanson R. Carter Ottis Sweat, Jr. Harry D. Dixon Carl Drury Joe Isenberg Gene Leggett J. Willis Conger R. A. (Cheney) Griffin Burton M. Wamble James W. Keyton Henry P. Russell, Jr. Henry L. Reaves H. M. Barfield Jim T. Bennett, Jr.
Harry C. Geisinger
Stanley (Stan) N.
Collins, Jr.
Robert H. "Bob" Bell
Bill Noble

Clarence R. Vaughn, Jr.
Hugh Jordan Walt Davis Leon R. Floyd Jim Westlake Gaines C. Granade James E. Dean Walter B. (Walt)
Russell, Jr. Robert H. (Bob)
Farrar Larry W. Thomason Elliott H. Levitas Bernard F. Miles Donald E. (Don)
Cheeks Matthew W. Mulherin R. A. Dent Jack Connell Henry R. Smith John H. "Jack"
Sherman, Jr. Tom Bennett S. Phillip Brown Billy L. Evans Frank C. Pinkston Homer M.
Scarborough, Jr. Dekle Coney Mitch Miller Mac Pickard H. Norwood Pearce Thomas B. Buck, III C. Ed Berry Albert W. Thompson Earl T. Davis Jack A. King Herb Jones Alan S. Gaynor Arthur Gignilliat Joseph A. Battle Jesse Blackshear Sam D. Alien Tom Triplett Bobby L. Hill Rodney M. Cook Jule W. Felton, Jr. John W. Greer Peyton S. Hawes, Jr. Gerald Talmadge
Horton W. M. (Bill) Alexander
Guy Hill
Young H. Longino
John Hood

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G. D. Adams Dick Lane
Clarence G. Ezzard, Sr.
William S. "Bill" Stephens
John Savage Sidney J. Marcus William A. (Bill)
Sims, Jr. E. J. Shepherd

William H. Alexander J. C. (Julius)
Daugherty Ben Brown Julian Bond Mrs. Grace T.
Hamilton George K. Larsen Haskew H. Brantley,
Jr. Kil Townsend

Mike Egan Eugene (Gene)
Housley Hugh Lee McDaniell Howard Atherton Joe Mack Wilson G. Robert (Bob)
Howard George H. Kreeger A. L. (Al) Burruss John L. Coney

(In District Order)

INAUGURAL COMMITTEE
FORD B. SPINKS ,,___----...._.._..-...-.....-....._____...__--....................Chairman S. ERNEST VANDIVER ........----._------------.The Adjutant General HOMER FLYNN _._---------------------.................--------.Coordinator CHARLES KIRBO .........._.--------...._..._------_.__Chief of Aides de Camp BEN W. FORTSON, JR. .....---------__.-..._.._.--.----Secretary of State CHARLIE F. CAMP ........................................................Military Advisor MRS. W. J. DOLVIN _------_----...-_...--.___.Reception Coordinator MRS. ROY D. MOORE ....................___.------____._..._--------...........Liaison PAUL E. INNECKEN ...__.--------. .-Projects Coordinator BARNEY H. NOBLES .__------_-------------____._..------Plans MRS. T. B. McDORMAN --------............----______...Invitation Coordinator GENE MORRIS........----_.._--...--..----._._._........_..._.....Hotel Coordinator

BALL COMMITTEE

COMDT JOHN TUGGLE COLONEL JACK ISENBERG

COMDT JOHN S. COTTONGIM COLONEL HAROLD PARKER

THE DEMOCRATIC PARTY OF GEORGIA DAVID H. GAMBRELL, Chairman

Mrs. W. D. Padgett Mike Jones James Deriso Charles Treado Douglas Diiliard J. Beverly Langford John Nunn Dr. H. E. Tate

G. Conley Ingram James Barbre Ford Spinks Charles Kirbo Henry Bishop William Trotter Joseph A. Sports W. A. Henslee

Willis Haugen W. L. Mabry, Jr. Ray Baldwin Robert H. Smalley William B. Gunter Majorie C. Thurman

The following address was delivered by His Excellency, Governor Jimmy Carter, immediately after the administration of the oath of office:

GOVERNOR MADDOX AND OTHER FELLOW GEORGIANS:

It is a long way from Plains to Atlanta. I started the trip four and a half years ago and, with a four year detour, I finally made it. I thank you all for making it possible for me to be here on what is

TUESDAY, JANUARY 12, 1971

91

certainly the greatest day of my life. But now the election is over, and I realize that the test of a man is not how well he campaigned, but how effectively he meets the challenges and responsibilities of the office.

I shall only take a few minutes today to summarize my feelings about Georgia. Later this week my program will be described in some detail in my State of the State and Budget Messages to the House and Senate.

I am grateful and proud to have with us the Naval Academy Band, because it reminds me now as it did when I was a midshipman of the love of our nation and of its goals and ideals. Our country was founded on the premise that government continually derives its power from independent and free men. If it is to survive, confident and courageous citizens must be willing to assume responsibility for the quality of our government at any particular time in history.

This is a time for truth and frankness. The next four years will not be easy ones. The problems we face will not solve themselves. They demand from us the utmost in dedication and unselfishness from each of us. But this is also a time for greatness. Our people are determined to overcome the handicaps of the past and to meet the opportunities of the future with confidence and with courage.

Our people are our most precious possession, and we cannot afford to waste the talents and abilities given by God to one single Georgian. Every adult illiterate, every school dropout, and every untrained retarded child is an indictment of us all. Our state pays a terrible and continuing human and financial price for these failures. It is time to end this waste. If Switzerland and Israel and other people can eliminate illiteracy, then so can we. The responsibility is our own, and as Governor, I will not shirk this responsibility.

At the end of a long campaign, I believe I know our people of our state as well as anyone. Based on this knowledge of Georgians north and south, rural and urban, liberal and conservative, I say to you quite frankly that the time for racial discrimination is over. Our people have already made this major and difficult decision, but we cannot underestimate the challenge of hundreds of minor decisions yet to be made. Our inherent human charity and our religious beliefs will be taxed to the limit. No poor, rural, weak, or black person should ever have to bear the additional burden of being deprived of the opportunity of an education, a job or simple justice. We Georgians are fully capable of making our own judgments and managing our own affairs. We who are strong or in positions of leadership must realize that the responsibility for making correct decisions in the future is ours. As Governor, I will never shirk this responsibility.

Georgia is a state of great natural beauty and promise, but the quality of our natural surroundings is threatened because of avarice, selfishness, procrastination and neglect. Change and development are necessary for the growth of our population and for the progress of our agricultural, recreational, and industrial life. Our challenge is to insure that such activities avoid destruction and dereliction of our environment.

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The responsibility for meeting this challenge is our own. As Governor, I will not shirk this responsibility.

In Georgia, we are determined that the law shall be enforced. Peace officers must have our appreciation and our complete support. We cannot educate a child, build a highway, equalize tax burdens, create harmony among our people, or preserve basic human freedom unless we have an orderly society. Crime and lack of justice are especially cruel to those who are least able to protect themselves. Swift arrest and trial and fair punishment should be expected by those who would break our laws. It is equally important to us that every effort be made to rehabilitate law breakers into useful and productive members of society. We have not yet attained these goals in Georgia, but now we must. The proper function of a government is to make it easy for man to do good and difficult for him to do evil. This responsibility is our own. I will not shirk this responsibility.

Like thousands of other businessmen in Georgia, I have always attempted to conduct my business in an honest and efficient manner. Like thousands of other citizens, I expect no less of government.

The functions of government should be administered so as to justify confidence and pride.

Taxes should be minimal and fair.

Rural and urban people should easily discern the mutuality of their goals and opportunities.

We should make our major investments in people, not buildings.

With wisdom and judgment we should take future actions according to carefully considered long range plans and priorities.

Governments closest to the people should be strengthened, and the efforts of our local, state and national governments need to be thoroughly coordinated.

We should remember that our state can best be served by a strong and independent governor, working with a strong and independent Legislature.

Government is a contrivance of human wisdom to provide for human wants. Men have a right to expect that these wants will he provided by this wisdom.

The test of a government is not how popular it is with the powerful and privileged few, but how honestly and fairly it deals with the many who must depend upon it.
William Jennings Bryan said, "Destiny is not a matter of chance, it is a matter of choice. Destiny is not a thing to be waited for, it is a thing to be achieved."

TUESDAY, JANUARY 12, 1971

93

Here around me are seated the members of the Georgia Legislature and other state officials. They are dedicated and honest men and women. They love this state as you love it and I love it. But no group of elected officers, no matter how dedicated or enlightened, can control the destiny of a great state like ours. What officials can solve alone the problems of crime, welfare, illiteracy, disease, injustice, pollution, and waste? This control rests in your hands, the people of Georgia.

In a democracy, no government can be stronger, or wiser, or more just than its people. The idealism of the college student, the compassion of a woman, the common sense of the businessman, the time and ex perience of a retired couple, and the vision of political leaders must all be harnessed to bring out the best in our state.

As I have said many times during the last few years, I am deter mined that at the end of this administration we shall be able to stand up anywhere in the world--in New York, California, or Florida and say "I'm a Georgian"--and be proud of it.

I welcome the challenge and the opportunity of serving as governor of our state during the next four years. I promise you my best. I ask you for yours.

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

Representative Alan S. Gayner respectfully requests a leave of absence for Tuesday, January 12, 1971, for the purpose of attending the funeral of his former partner, the Honorable John Bouhan.

Leave of absence was granted.

Pursuant to the provisions of HR 18, previously adopted, the House was adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Wednesday, January 13,1971

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. Joe A. Wingfield, Pastor, Hull Baptist Church, Hull, Georgia.

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

Adams, G. D. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D.

Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan Evans Ezzard Farrar Pel ton Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hood

Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lersen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald

WEDNESDAY, JANUARY 13, 1971

95

Melton Meritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

Sorrells Stephens Strickland Thomason Thompson, L. W. Thompson, A. W. Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

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.

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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 oath of office was administered to Representative-elect James M. Collier of the 54th District by Associate Justice Hiram K. Undercofler of the Supreme Court of Georgia:
OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Con stitution 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.
/s/ James M. Collier
Sworn to and subscribed before me, this 14th day of January, 1971.
Hiram K. Undercofler, Associate Justice of the Supreme Court of Georgia.

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

HR 13-18. By Mr. Shanahan of the 8th:
A Resolution compensating Joan Elizabeth Putnam; and for other purposes.
Referred to the Committee on Appropriations.

HR 14-18. By Mr. Shanahan of the 8th:
A Resolution compensating John K. Hobgood; and for other pur poses.
Referred to the Committee on Appropriations.

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97

HR 15-18. By Mr. Shanahan of the 8th: A Resolution compensating Milton Stewart; and for other purposes.
Referred to the Committee on Appropriations.

HR 16-18. By Mr. Mullinax of the 30th:
A Resolution compensating Mr. Alfred H. Nader; and for other pur poses.
Referred to the Committee on Appropriations.

HR 17-18. By Mr. Strickland of the 56th: A Resolution compensating Mr. J. P. Dean; and for other purposes.
Referred to the Committee on Appropriations.

HB 19. By Messrs. Levitas of the 77th, Nunn of the 41st:
A Bill to he entitled an Act to amend Code Chapter 38-4, relating to the rules governing admission of testimony, so as to provide that in all criminal trials the accused shall be competent, but not compellable, to testify in his own behalf; and for other purposes.
Referred to the Committee on Judiciary.

HB 20. By Messrs. Levitas of the 77th and Nunn of the 41st:
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; and for other purposes.
Referred to the Committee on Judiciary.
HB 21. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia, and to amend Code Section 113-903 relative to the rules of inheritance, so as to provide that adopted persons shall inherit from other adopted persons when both are adopted by a mutual parent; and for other purposes.
Referred to the Committee on Judiciary.

HB 22. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend Code Section 79-A-705, relating to labels on containers of dangerous drugs and cautionary statements

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stated in the prescription to appear on the label of each container of such drugs; and for other purposes.
Referred to the Committee on Health & Ecology.

HB 23. By Mr. Alexander of the 108th:

A Bill to be entitled an Act to amend Code Section 105-1306, relating

"'

to actions for the homicide of a wife or mother, so as to delete the

requirement that any illegitimate child or children must be dependent

upon the mother in order to recover for the homicide of the mother;

and for other purposes.

Referred to the Committee on Judiciary.

HB 24. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide for investigation of persons convicted of crimes, the sentence for which may include imprison ment for five or more years or which are classified as "sex crimes"; and for other purposes.
Referred to the Committee on Judiciary.

HB 25. 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 by lawful authority; and for other purposes.
Referred to the Committee on Judiciary.

HB 26. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to remove the require ments that certain drivers' license suspensions become effective im mediately if the affected persons request that certain hearings be continued to a day beyond a certain period; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 27. By Messrs. Sorrells of the 24th and Lambert of the 25th:
A Bill to be entitled an Act to amend an Act placing the District Attorneys of the Superior Courts of this State upon an annual salary, so as to provide for the payment of certain expenses incurred by the

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99

district attorneys in the performance of their official duties; and for. other purposes.
Referred to the Committee on Special Judiciary.

HB 28. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide a uniform crime reporting system; and for other purposes.
Referred to the Committee on Judiciary.

HB 29. By Messrs. Northcutt of the 21st, Barfield of the 71st, Russell of the 70th, Davis of the 75th, Colwell of the 5th, Lee of the 21st, Longino of the 98th and Lane of the 44th:
A Bill to be entitled an Act to create the Georgia State Board of Barbers; and for other purposes.
Referred to the Committee on Health & Ecology.

HB 30. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide credit for certain service under certain conditions; and for other purposes.
Referred to the Committee on Retirement.

HB 31. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act providing 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, so as to provide that said Act shall also apply to cases before the Georgia Supreme Court on denial of a petition for a writ of habeas corpus; and for other purposes.
Referred to the Committee on Judiciary.

HB 32. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to amend Code Section 113-1508, relating to the priority of claims against the estate of a decedent, so as to provide that the necessary expenses of administration shall have first priority; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 33. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to prohibit unjust discrimination in em ployment because of age; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 34. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend an Act incorporating the City of Blakely, so as to change the salaries of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning and Community AffairsLocal Legislation.

HB 35. By Messrs. Hill of the 94th and Brown of the 110th:
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 department in all counties of this State; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 36. By Mr. Jordan of the 74th:
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 provision relative to local units' share of the cost of the Statewide public school educational television program; and for other purposes.
Referred to the Committee on Education.

HB 37. By Messrs. Salem of the 51st and Lewis of the 37th:
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 change the rate of tax imposed under said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 38. By Messrs. Salem of the 51st and Lewis of the 37th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the 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.

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101

HR 19-38. By Mr. Scarborough of the 81st:
A Resolution compensating Mr. Scott F. Sinclair; and for other purposes.
Referred to the Committee on Appropriations.

HR 20-38. By Messrs. Collins and Geisinger of the 72nd: A Resolution compensating Mr. W. H. Wilkie; and for other purposes.
Referred to the Committee on Appropriations.

HR 21-38. By Messrs. Russell and Keyton of the 70th:
A Resolution compensating Mr. James E. Howell; and for other pur poses.
Referred to the Committee on Appropriations.

HR 22-38. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the restoration of all rights, privileges and immunities of citizen ship which have been removed or impaired as a result of the conviction of any crime, without further proceedings, upon an unconditional release from prison following the completion of the sentence or upon the ex piration of any period of parole or probation; and for other purposes.
Referred to the Committee on Judiciary.

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

HB 3. By Messrs. Isenberg and Leggett of the 67th and Connell of the 79th:
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 dealer's compensation for collecting the sales tax from 3% of the tax collected to 2%; and for other purposes.
HB 4. By Messrs. Chandler of the 34th, Adams of the 100th and 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 provide for the suspension of registration and for a system of point violations relative thereto; to provide for notification of suspension of registration and for hearings and judicial review; and for other purposes.

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HB 5. By Mr. Lane of the 101st:

1

A Bill to be entitled an Act to amend an Act creating the Board of

Recreation Examiners, so as to change the provisions relative to the

duties and responsibilities of the Board; to change the provisions

relative to eligibility for examination as Recreation Leader; and for

other purposes.

HB 6. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act granting a charter to the Mayor and Council of the City of Athens, so as to provide that a municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall also be eligible to enter as a candidate any political party primary or general election other than to succeed himself or a public elective office; and for other purposes.

HB 7. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to provide for automatic qualification for 120 months guaranteed certain plan as provided with option to change to a regular retirement benefit and to provide a special death benefit for participant's spouse; and for other purposes.

HB 8. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens", so as to authorize the Mayor and Council of the City of Athens in enforcing Housing Codes to assess cost of demolition where a financial hardship exists; and for other purposes.
HB 9. By Messrs. Chandler of the 34th, Colwell of the 5th, Toles of the 9th, Sweat of the 65th, Kreeger of the 117th:
A Bill to be entitled an Act to amend Code Title 91, relative to public property, so as to provide for a central inventory of State owned movable personal property; to provide for the duties of the Supervisor of Purchases in connection therewith; and for other purposes.

HB 10. By Messrs. Colwell of the 5th, Gunter of the 6th, Knowles of the 22nd, Phillips of the 38th and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, so as to provide that the Board shall fix the compensation of the SecretaryTreasurer; and for other purposes.

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103

HB 11. By Messrs. Chandler of the 34th, Colwell of the 5th, Sweat of the 65th and Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act providing the procedures under which surplus State-owned property shall be disposed of, so as toauthorize the Supervisor of Purchases to transfer surplus property to counties, municipalities and other political subdivisions by negotiated sale, when the negotiated sales price is not necessarily the highest bid for such property, under certain conditions; and for other purposes.

HB 12. By Mr. Jordan of the 74th:
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 strike and repeal the provision authorizing compensation for the dealer for collecting, accounting for and remitting the tax levied by said Act; and for other purposes.

HB 13. By Mr. Jordan of the 74th: A Bill to be entitled an Act to amend an Act known as the Act creating the public school employees' retirement system, so as to provide that members of said system having ten or more years creditable service, who do not withdraw their contributions from the system shall not be required to remain actively employed in order to receive retirement benefits and shall begin receiving such benefits at their normal retirement date; and for other purposes.
HB 14. By Messrs. Johnson of the 29th, Housley of the 117th, Dean of the 76th, Brown of the 110th, Harris of the 10th, and Hutchinson of the 61st: A Bill to be entitled an Act to create the office of Ombudsman; to provide for the appointment of the Ombudsman and for his qualifica tions; and for other purposes.
HB 15. By Messrs. Johnson of the 29th, Harris of the 10th, Hutchinson of the 61st and Housley of the 117th: A Bill to be entitled an Act to prohibit any person from walking nude on the streets or other public areas; and for other purposes.
HB 16. By Messrs. Johnson of the 29th, Hutchinson of the 61st, Harris of the 10th and Housley of the 117th: A Bill to be entitled an Act to prohibit any person from sleeping, jlying or sitting on public sidewalks in such manner as to block same; and for other purposes.

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HB 17. By Messrs. Johnson of the 29th, Hutchinson of the 61st, Harris of the 10th and Housley of the 117th:
A Bill to be entitled an Act to provide that each law enforcement officer may in his discretion be armed with and carry Mace; and for other purposes.

HR 7-17. By Messrs. Chandler of the 34th, McCracken of the 36th and Phillips of the 29th:
A Resolution creating the Automobile Liability Insurance Study Com mission and prescribing its powers and duties; and for other purposes.

HR 8-17. By Messrs. Salem of the 51st, Phillips of the 50th, Howell of the 60th, Lewis of the 37th, Patterson of the 20th, Felton of the 95th and Strickland of the 56th:
A Resolution creating a Comprehensive Vocational Training Program for High Schools Study Committee; and for other purposes.

HR 9-17. By Mr. Salem of the 51st: A Resolution compensating R. L. Cato; and for other purposes.

HR 10-17. By Mr. Salem of the 51st: A Resolution compensating Mrs. Lula Pound; and for other purposes.

HB 18. By Messrs. Johnson of the 29th, Hutchinson of the 61st, Harris of the 10th and Housley of the 117th:
A Bill to be entitled an Act to amend Code Section 24-2908, relating to the duties of the District Attorney, so as to provide that the District Attorney shall remove himself from the grand jury's presence once they begin deliberation upon a proposed indictment, unless requested to remain by the grand jury; and for other purposes.

HR 11-18. By Mr. Grantham of the 55th:
A Resolution compensating the Supreme Meadow Ice Cream Company; and for other purposes.

HR 12-18. By Mr. Grantham of the 55th: A Resolution compensating Daniel S. Vickers; and for other purposes.

WEDNESDAY, JANUARY 13, 1971

105

Mr. Busbee of the 61st District, Chairman of the Committee on Rules, sub mitted the following report:

REPORT OF THE HOUSE RULES COMMITTEE RELATIVE TO THE SEATING OF THE MEMBER OF THE HOUSE OF REPRE SENTATIVES FROM DISTRICT 46, POST 1

MR. SPEAKER:

Your Committee on Rules conducted a hearing on January 12, 1971, at 2:00 o'clock p.m. in Room 416, State Capitol, in the matter of a petition filed by Honorable Clarence A. Parker, relative to the seating of Honorable Charles Oliver Oxford as a Member of the House of Representatives from Representative District 46, Post 1. The Com mittee heard testimony from Mr. Parker and Mr. Oxford and evidence was presented by both sides.

After consideration of the testimony and evidence, your Committee determined that the prayers of the petition of Mr. Parker should be de nied and that Mr. Oxford should be seated as a Member of the House of Representatives. Therefore, this Committee recommends that Honorable Charles Oliver Oxford be declared the duly elected Representative from Representative District 46, Post 1, and that he be seated as the Member of the House of Representatives from said District and Post.

Respectfuly submitted, /&/ Busbee of 61st
Chairman, Rules Committee

The following Resolution of the House was read and adopted:

HR 23. By Mr. Busbee of the 61st:
A RESOLUTION
Relative to the Member of the House of Representatives from Representative District 46, Post 1; and for other purposes.
WHEREAS, the House Rules Committee has conducted a hearing on the petition filed by Honorable Clarence A. Parker relative to the seating of Honorable Charles Oliver Oxford as a Member of the House of Representatives from Representative District 46, Post 1; and
WHEREAS, said Committee has submitted a report in which it recommends that Mr. Oxford be seated as the Representative from said District and Post.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the report of the House Rules Committee relative to the member of the House of Representatives from Representa-

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tive District 46, Post 1, be adopted and the recommendations contained therein be followed.

BE IT FURTHER RESOLVED that Honorable Charles Oliver Oxford is hereby declared to be the duly elected Representative from Representative District 46, Post 1, and he shall be seated as a Member of the House of Representatives from said District and Post.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit immediately a copy of this Resolution and a copy of the aforesaid report to Honorable Jimmy Carter, Governor; Honorable Ben W. Fortson, Jr., Secretary of State; Honorable Charles Oliver Oxford and Honorable Clarence A. Parker.

The following oath of office was administered to Representative-elect Charles Oliver Oxford by Associate Justice H. E. Nichols of the Supreme Court of Georgia:
OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Consti tution 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.
/s/ Charles Oliver Oxford
Sworn to and subscribed before me, this 13 day of Jan., 1971.
/s/ H. E. Nichols Justice Supreme Court

The following Resolutions of the House were read and adopted:

HR 24. By Messrs. Smith of the 43rd, Gaynor of the 88th, Gignilliat of the 89th, McCracken of the 36th, Egan of the 116th, Phillips of the 29th, Fraser of the 59th and Hill of the 94th:
A RESOLUTION
Expressing regrets at the passing of the Honorable John J. Bouhan; and for other purposes.

WEDNESDAY, JANUARY 13, 1971

107

WHEREAS, the Honorable John J. Bouhan, a native Savannahian and one of its leading citizens, passed away on Sunday, January 10, 1971, at the age of 84; and

WHEREAS, during his distinguished career, he was Savannah City Attorney, Chatham County Attorney, Chairman of the Chatham County Democratic Executive Committee, Secretary and Treasurer of the Coastal Highway District of Georgia and a memher of the State Highway Board, and for a number of years had served as attorney for the Association of County Commissioners of Georgia and was its attorney emeritus at the time of his death; and

WHEREAS, he was Dean of the Savannah Bar, senior partner of the law firm of Bouhan, Williams & Levy, and a strong political figure in Chatham County for many years; and

WHEREAS, he was awarded the City of Savannah's Lucas Trophy as "Man of the Year" in 1940; and

WHEREAS, he was a member and a former President of the Hibernian Society of Savannah and was a member of the Elks, the Eagles, the Knights of Columbus and the Oglethorpe Club, and he was a communicant of the Cathedral of St. John the Baptist; and

WHEREAS, he is survived by his lovely wife, Mrs. Helen O'Hayer Bouhan.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body expresses its deepest and most profound regrets at the passing of the Honorable John J. Bouhan, and further, expresses its sincerest sympathy to Mrs. Helen O'Hayer Bouhan.

BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to Mrs. Helen O'Hayer Bouhan,
Savannah, Georgia.

HR 27. By Mr. Scarborough of the 81st:
A RESOLUTION
Expressing regret at the passing of Harold A. "Andy" Whitten; and for other purposes.
WHEREAS, recently Harold A. "Andy" Whitten passed away; and
WHEREAS, during his relatively short life, "Andy" Whitten be came an outstanding citizen of his community and this State; and
WHEREAS, "Andy" Whitten, while a student at Middle Georgia College, was honored by being elected President of the Student Body thereof; and

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WHEREAS, he was an active member of the political and com munity affairs of his community, being a member of the Bibb County Democratic Executive Committee and the Bibb County Youth Campaign Director in the campaign of Governor Jimmy Carter; and

WHEREAS, "Andy" Whitten's untimely death has deprived this State of one of its most outstanding and promising participants in its political processes.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express to the family of Harold A. "Andy" Whitten its sincerest and deepest regret at his untimely passing and does hereby extend to this distinguished citizen's relatives and many friends its most heartfelt sympathy.

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 Harold A. "Andy" Whitten.

HR 28. By Messrs. Smith of the 43rd, Edwards of the 45th, Toles of the 9th, Nessmith of the 44th, Connell of the 79th and many others:
A RESOLUTION
Expressing regret at the passing of Honorable H. Walstein Parker; and for other purposes.
WHEREAS, Honorable H. Walstein Parker, Representative from the 44th District, composed of Bulloch, Jenkins, Screven and Effingham Counties, passed away on November 3, 1970; and
WHEREAS, he was born on October 24, 1910, at Woodcliff, Screven County, Georgia, and attended Emory at Oxford and was graduated from the Georgia Normal School; and
WHEREAS, he was a farmer specializing in dairying and was one of the most knowledgeable persons in the State on the subject of dairying; and
WHEREAS, he was prominent in the religious, civic and public affairs of his community and held many important offices in the civic organizations of his community, having served as Worshipful Master of the Bay Branch Lodge No. 575, F & AM, a Scottish Rite Mason and Shriner; and
WHEREAS, he had a long record of dedicated service as a member of the House of Representatives, having served continuously since 1959; and
WHEREAS, he dedicated his life to the children of Georgia and the improvement of their educational opportunities; and

WEDNESDAY, JANUARY 13, 1971

109

WHEREAS, he served as a member of the Screven County Board of Education from 1938 to 1958, as a member of the School Commission created by the 1960 General Assembly, as a member of the Governor's Commission on Education, and as Vice-Chairman of the House
Education Committee; and

WHEREAS, he was one of the most beloved and respected members of the General Assembly and his passing is an immeasurable loss to the members of the General Assembly and to the citizens of his District and the entire State; and

WHEREAS, he was a dedicated husband and the father of two outstanding children, Ronald Phillip and Pamela Anita.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest and profoundest regrets at the passing of the Honorable H. Walstein Parker and extend their heartfelt sympathy to the members of his family.

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 family of the Honorable H. Walstein Parker.

HR 29. By Messrs. Smith of the 43rd, Brantley of the 52nd, Felton of the 95th, Edwards of the 45th and many others:
A RESOLUTION
Commending the Honorable James L. Gillis, Sr.; and for other purposes.
WHEREAS, the Honorable James L. Gillis, Sr. has served the people of Georgia with exceptional dedication and ability as Director of the State Highway Department since 1948, except for one four-year term; and
WHEREAS, he was born in Emanuel County, Georgia, on January 6, 1892, and is the son of Neil Lee Gillis, Sr. and Lougenia Youmans Gillis; and
WHEREAS, he attended McRae High School and Locust Grove Junior College and was graduated from the University of Georgia in 1914; and
WHEREAS, he represented Montgomery County in the General Assembly from 1915 to 1917 and served in the Senate, representing the 16th District, from 1923 through 1924, serving as President Pro Tern of the Senate; and

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WHEREAS, he has provided many years of dedicated leadership to his County, having served as Ordinary of Treutlen County for two years and as Chairman of the Board of Commissioners of Treutlen Coun ty for 26 years; and
WHEREAS, he served as a member of the Executive Committee of the Georgia Forestry Association in 1931, was a member of the State Planning Board in 1937 and was a delegate to the Democratic National Convention in 1937 and 1952; and
WHEREAS, the Association County Commissioners of Georgia at their Slst Annual Convention in Columbus on April 13, 1965, recognized the Honorable James L. Gillis, Sr. as "Man of the Year"; and
WHEREAS, he has been at the forefront in this State's efforts to expand and strengthen our State's transportation network longer than any other man in history, ha.ing served under five governors; and
WHEREAS, his dedication to the political, economic, social and religious life of his community and State has provided inspiration to many of his fellow Georgians; and
WHEREAS, he has been a leader in many civic, social, and religious organizations, having been a Shriner, an Elk, and a deacon of the First Baptist Church of Soperton; and
WHEREAS, his dedication to his community and State is equaled only by his dedication to his family, a fact which is easily attested to by the many outstanding accomplishments of his two sons, Honorable James L. Gillis, Jr. and the Honorable Hugh Marion Gillis; and

WHEREAS, it is only fitting and proper that the Honorable James L. Gillis, Sr. be properly recognized and commended for his many years of dedicated service to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest and most sincere appreciation to the Honorable James L. Gillis, Sr. for his many years of dedicated service to the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Honorable James L. Gillis, Sr.

HR 30. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Floyd of the 7th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
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.

WEDNESDAY, JANUARY 13, 1971

111

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that His Excellency, Governor Jimmy Carter, is hereby invited to address a joint session of the House of Representatives and Senate at 11:45 o'clock a.m., Thursday, January 14, 1971, 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 a.m. 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 Excel lency, 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:

Messrs. Burruss of the 117th, Mason of the 2nd, Marcus of the 105th, Patterson of the 20th, Rainey of the 47th, Snow of the 1st and Toles of the 9th.

HR 31. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Floyd of the 7th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
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 OF GEORGIA that His Excellency, Governor Jimmy Carter, is hereby invited to address a joint session of the House of Representatives and Senate at 11:45 o'clock a.m., Friday January 15, 1971, 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 a.m. 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 Excel lency, the Governor, to the Hall of the House of Representatives.

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

Messrs. Adams of the 9th, Dorminy of the 48th, Howard of the 117th, Odom of the 61st, Sorrells of the 24th, Turner of the 3rd and Wamble of the 69th.

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

HR 25. By Mr. Alexander of the 108th:
A RESOLUTION
Creating the Compensation for Victims of Crime Study Committee; and for other purposes.
WHEREAS, there is an increase in the number of crimes being committed and the number of persons who are victims of crimes; and
WHEREAS, the State spends large sums of money prosecuting, housing and trying to rehabilitate criminals; and
WHEREAS, in many instances victims of crime suffer heavy damage or serious injury with little or no compensation; and
WHEREAS, the welfare of law-abiding citizens who have been the victims of crime should be the concern of all Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Compensation for Victims of Crime 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 make an exhaustive and comprehensive study into the desirability and feasibility of the State compensating victims of crime. The members of the Committee shall receive the allowances authorized for legislative members of interim committees, but shall receive the same for not more than ten days unless additional days are authorized by the Speaker of the House. 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 1972 Session of the General Assembly of Georgia.

HR 26. By Mr. Scarborough of the 81st:
A RESOLUTION
Creating the Department of Family and Children Services Study Committee; and for other purposes.

WEDNESDAY, JANUARY 13, 1971

113

WHEREAS, the Department of Family and Children Services is one of four State agencies accounting for 90% of the total expenditures for State governmental programs; and

WHEREAS, there is a need for the continuing reappraisal and assessment of the programs and the efficiency with which such pro grams are administered by said department.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Department of Family and Children Services Study Committee, to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. The Committee shall be authorized to meet for a period not in excess of 10 days. The Committee shall make a thorough and exhaustive study of the programs administered by the Department of Family and Children Services and shall evaluate the effectiveness of such programs as well as the efficiency with which such programs are carried out. The Committee shall make a report of its findings and recommendations to the 1972 Session of the General Assembly, at which time it shall stand abolished.

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

HB 2. By Messrs. Melton of the 32nd, Wamble of the 69th, Miller of the 78th, Dailey of the 53rd, Salem of the 51st and Phillips of the BOth:
A Bill to be entitled an Act to amend an Act relating to the exemption from taxation of certain property, as amended, so as to exempt certain personal property from all ad valorem taxation; 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Barfield Battle

Bell Bennett, J. T. Bennett, Tom Berry Black
Bohannon Bond Bostick

Bowen Brantley, H. L. Bray Brown, B. D. Brown, C.
Brown, S. P. Buck Busbee

114
Carr Carter Chance Chappell Cheeks Clements Cole Coiling, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Edwards Egan Evans Ezzard Farrar Gary Gaynor Geisinger
Gignilliat
Grahl
Granade
Grantham
Greer
Griffin
Gunter
Hadaway
Ham
Hamilton
Harris
Harrison
Hawes
Hays
Hill, B. L.
Hill, G.

JOURNAL OF THE HOUSE,

Horton Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Matthews, C. Matthews, D. R. Maxwell McCracken
McDonald
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith
Noble
Northcutt
Nunn
Odom

Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow S orrells Stephens Strickland
Thomason
Thompson
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson

Those voting in the negative were Messrs.:

Atherton Fraser

Housley Howard

Kreeger

WEDNESDAY, JANUARY 13, 1971

115

Those not voting were Messrs.:

Blackshear Brantley, H. H. Burruss Chandler Collier, J. M. Colwell Cook Dixon Drury Felton

Floyd, J. H. Floyd, L. R. Harrington Hood Lambert Lane, W. J. Lowrey Mason Mauldin McDaniell

Melton Oxford Rainey Eussell, A. B. Russell, W. B. Sweat Wood Mr. Speaker

On the passage of the Bill, the ayes were 162, nays 5.

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

Messrs. Blackshear of the 91st, Sweat of the 65th, Felton of the 95th, Wood of the llth, Lane of the 44th, Chandler of the 34th, Mauldin of the 12th and Harrington of the 34th stated that they had been called from the floor of the House when the roll was called on HB 2, and wished to be recorded as voting "aye".

The following communications were received:

STATE BOARD OF PARDONS AND PAROLES Atlanta, Georgia
January 12, 1971
Honorable Glenn W. Ellard Clerk, House of Representatives Room 309, State Capitol Atlanta, Georgia 30334

Dear Mr. Ellard:

Section 77-526, Code of Georgia, Annotated, requires this Board to report on its activities to the General Assembly biennially.

It is requested that a copy of the attached report be furnished each member of the House of Representatives.

JOP/ymh Enclosures (195)

Sincerely, /s/ J. 0. Partain, Jr.
Chairman

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JOURNAL OF THE HOUSE,

GEORGIA STATE BOARD OF PARDONS AND PAROLES
BIENNIAL REPORT
JULY 1, 1968 - JUNE 30, 1970

TO
THE GOVERNOR THE GENERAL ASSEMBLY THE ATTORNEY GENERAL
SUBMITTED BY:
J. 0. PARTAIN, JR., CHAIRMAN E. J. CALHOUN, JR., MEMBER
BIENNIAL REPORT
JULY 1, 1968 - JUNE 30, 1970
The attached Statistical Summary reflects the Board's actions during the report period. For comparison purposes, workload during the previous biennium is included. The most radical increase in activity was in commutations to lesser service, 3.8 times the number during the previous two years. This increase is wholly attributable to the ever increasing number of inmates requesting and receiving credit for time spent in custody while awaiting trial or sentencing. A law which be came effective July 1, 1970 will eventually relieve the Board of this workload. The number of paroles revoked, the revocation rate and number of warrants issued, all associated with non-compliance with the "Condi tions of Parole", show an increase. It is felt that this is a result of better surveillance by field Parole Supervisors and does not necessarily indicate more prevelant misconduct on the part of paroles.

The Governor's Early Release Program, began in 1967, was con tinued during this biennium. Young men serving at the Georgia Industrial Institute (Alto) were released in August of each year and those serving in other institutions were released the day before Thanksgiving. The primary criteria for these releases was that their sentences would have expired by the following February 28th. (One group granted early release after the period of this report included those whose sentences would have expired before June 1, 1971.) Of the 994 released under this program in 1968 and 1969, 972 or 97.8% honored the trust placed in them and completed their sentences as free men. The first three years of this program has resulted in a reduction of 254.5 inmate-years in prison, direct savings of institutional costs and family welfare payments of $732,000 and an additional $1,000,000 contribution to the State's economy through salaries earned during the time that otherwise would have been spent in prison. Both the Governor's Office and this Board have received many inquiries from throughout the nation concerning this program. It is hoped that the success rate will remain at such a high level as to encourage the program's continuance.

During the 1969 session of the General Assembly only one act af fecting this Board was passed. Act 672 requires that the Board's rules

WEDNESDAY, JANUARY 13, 1971

117

be adopted, established, promulgated, amended, repealed, filed and pub
lished in accordance with the applicable provisions of the Administrative Procedures Act. During the 1970 session two acts concerning this Board were passed. Act 1292 requires that the Department of Corrections or
other custodial jurisdiction credit towards the sentence all time spent in custody awaiting trial or sentencing and requires this Board to take this time into consideration in establishing the parole consideration eligibility date. This law became effective for sentences imposed on and after July 1, 1970. This Board will continue to consider requests for jail time credit on sentences imposed prior to the effective day of the law but this work load should eventually cease. Act 1326 provides for a means of tempo rarily replacing a Board Member unable to perform the duties of his office. It also provides that, in capital cases, if both a member of this Board and the Governor are unable to serve, the Governor may appoint a person to serve in his place.

Training workshops for Parole Supervisors were continued during this biennium. Each year each Parole Supervisor attended a three-day workshop at the University of Georgia Center for Continuing Education. Secretaries from the field offices attended a three-day workshop in Atlanta in May 1970. Selected personnel attended various seminars and workshops concerning budget, personnel, procurement, middle manage ment and fiscal matters. A total of 5522 hours was devoted to training activities during the biennium.

There were so many changes and improvements in the Board's operations that they would be too numerous to mention. Improvements are made constantly, almost daily, and have resulted in increased ef ficiency. The workload has been processed more expeditiously the past year than ever before and the Board is in the best condition it has ever been in every phase of its operation and particularly in considering cases for parole during the month of eligibility. Some of the more signi ficant administrative changes were as follows. The Board adopted a resolution giving the Chairman exclusive authority to establish and control the internal administrative affairs of the department. Ad ministrative matters in which the Chairman must involve himself can now be completed more rapidly without involving the full Board. The title Parole Officer was changed to Parole Supervisor. This change was made in a further effort to have parolees look upon the supervisors as a counselor and helper rather than just another arm of the law. The Board adopted a secret ballot method of voting on parole consideration. After one member votes, his ballot is removed and a new one inserted for the member to review the file next. This removes any possibility of one member being influenced by another member's vote. Discussion may take place after the vote is completed.

The Board's appropriation authorized by the General Assembly for Fiscal Year 1971 provided for a number of improvements. A one grade increase was authorized for all Parole Supervisor positions. It was felt that this, coupled with the across-the-board pay raise and increase in mileage allowance, would permit more selective recruitment of this category of personnel. The educational requirement for employment as a Parole Supervisor I was increased from two years of college to comple tion of a four-year degree program effective July 1, 1970. The appro priation provided for an increase of six Parole Supervisors which per mitted a reduction in the caseload from seventy-five to approximately

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JOURNAL OF THE HOUSE,

sixty parolees per supervisor. The appropriation also provided funds and personnel spaces to implement a program in which we will recruit citizen volunteers throughout the state to work with parolees. It is anticipated that our next report will show that this program aids ma terially in rehabilitation of ex-inmates.

During this period the Board moved to its new permanent offices in the Trinity-Washington Building. For the first time since 1950 we
have adequate space for all files to be kept in the immediate office area.

No history of parole in Georgia would be complete without recogni tion of the services rendered by Mrs. Rebecca L. Garrett who passed away March 17, 1970. She was first appointed to the Board in De cember 1948 and was reappointed three times, serving a total of just over twenty-one years. She served as Chairman from 1961 to 1968.

Respectfully submitted, /s/ J. 0. Partain, Jr., Chairman
/s/ E. J. Calhoun, Jr., Member

STATISTICAL SUMMARY STATE BOARD OF PARDONS AND PAROLES

ACTIVITY FOR FISCAL YEAR ENDING JUNE 30,

1967 1968 1969 1970

Inmate Population*

8675 8629 8519 8883

Felony Population*

7688 7847 7826 8231

Misdemeanor Population*

987 782 693 652

Parole Cases Reviewed**

3040 3990 3857 4306

Paroles Granted**

963 1163 1614 1342

Paroles Denied**

2077 2827 2243 2964

Percentage Granted Parole***

31.7 29.1 41.8 31.2

Conditional Releases Granted**

336 178

80

34

Georgia Parolees in Georgia*

1688 1581 1630 1390

Georgia Parolees in Other States*

166 165 176 135

Out-of-State Parolees in Georgia* 254 253 248 244

Number of Supervisors*

24

24

23

23

Average Case Load*

81

76

82

77

(Based on all states' Parolees in Ga.)

Parolees Discharged**

1007 961 1181 1259

Paroles Revoked**

147 167 212 272

Conditional Releases Revoked**

106

43

28

17

Percentage of Parole Revocations*** 7.93 9.56 11.69 16.3

(Based on Ga. Parolees in all states)

Death Cases Heard**

7611

Death Commutations Granted**

2510

Death Commutations Denied**

5101

Reprieves Granted

135

68 147 132

First Offender Pardons Granted**

19

14

10

13

Commutations to Lesser Service**

123 217 1 535 1 764 1

Commutations to Present Service** 369 170

144

150

Restoration of Civil and

Political Rights***

58 48

151

83

Remitted to Probation**

176 127

175

160

WEDNESDAY, JANUARY 13, 1971

119

Warrants Issued** Warrants Withdrawn**

182 221

329

417

113 113

159

163

Paroles Granted**

Year Ending

June 30,

N/M

1967

409

1968

577

1969

811

1970

719

W/M 512 548 721 566

N/F W/F 26 16 21 17 59 23 40 17

Misd. Fel. 41 922 52 1111 46 1568 51 1291

Total 963 1163 1614 1342

*Total at end of fiscal year **Total for entire fiscal year ***Average for entire fiscal year
1 Increase reflects use of this type order to grant credit for time spent in custody awaiting trial or sentencing.

THE GENERAL ASSEMBLY Atlanta, Georgia

January 12, 1971

TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FIFTH CONGRESSIONAL DISTRICT

Pursuant to provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Highway Board from the Fifth Congressional Dis trict. Such caucus will be held in Room 341, State Capitol Building, Atlanta, Georgia, on Monday, January 18, 1971, at 1:00 o'clock p.m. Members of the Senate from those Senatorial Districts embraced or partly embraced within the Fifth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those Representative Districts embraced or partly embraced with in the Fifth Congressional District are eligible to participate in said caucus.
Sincerely yours,
/s/ Lester G. Maddox President of the Senate
/s/ George L. Smith II Speaker, House of Representatives

THE GENERAL ASSEMBLY Atlanta, Georgia
January 12, 1971
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE SIXTH CONGRESSIONAL DISTRICT

Pursuant to provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), this is to

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JOURNAL OP THE HOUSE,

notify you that a caucus is hereby called for the purpose of electing the member of the State Highway Board from the Sixth Congressional Dis trict. Such caucus will be held in Room 337-B, State Capitol Building,
Atlanta, Georgia, on Monday, January 18, 1971, at 12:30 o'clock p.m. Members of the Senate from those Senatorial Districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those Representative Districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said
caucus.

Sincerely yours,
/s/ Lester G. Maddox President of the Senate
/s/ George L. Smith II Speaker, House of Representatives

The Speaker announced the House would be in recess until 3:00 o'clock p.m.

The House was called to order by the Acting Speaker, Mr. Wheeler of the 18th.

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

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

THURSDAY, JANUARY 14, 1971

121

Representative Hall, Atlanta, Georgia Thursday, January 14, 1971

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. G. Othell Hand, Pastor, First Bap tist Church, Columbus, Georgia:
Our Father who art in Heaven, Hallowed be thy name, Thy kingdom come, Thou will be done, On earth as it is in heaven.
We look to Thee in this moment of prayer acknowledging, Thy glory which surrounds us in all of the universe, Thy grace which sustains us in all of life's ways.
Speak to us just now through the majesty of this universe in which thou hast planned us like royal children in a palace, That nature may impose her reverential awe as we behold her beauty and law abiding endurance.
Lift us, we pray Thee, unto those lofty realms of spirit where we be come aware of those superior and divine,
Things which we may not command because they ought to command us; nor can we master for by them we should be mastered.
Here, now we offer a prayer of thanks for these dedicated govern mental leaders.
Inspire them with wisdom and worthy purpose that they and we may be delivered from aimless fragmentation,
Polarize their energies around abiding values into quest for nobility in spirit and deed,
And in the vicissitudes of political leadership grant them to stand like promontories of the sea, about which though the waves be continually they themselves stand while around them are those swelling waves stilled and quieted supremely in all we are and do.
May we alertly be aware that Thine is the Kingdom and the power and the glory forever. Amen.

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

Adams, G. D. Adams, John Adams, Marvin

Alexander, W. H. Alexander, W. M. Alien

Atherton Barfield Battle

122
Bell
Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, L. R. Fraser Gaynor Geisinger Gignilliat

JOURNAL OF THE HOUSE,

Grahl
Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L.
Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCraeken McDaniell McDonald Melton Merritt Miles

Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. I. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware

THURSDAY, JANUARY 14, 1971

123

Westlake Wheeler, Bobby Wheeler, J. A.

Whitmire Williams Wilson

Wood

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 39. By Mr. Alexander of the 108th: A Bill to be entitled an Act to amend Code Section 34-602, relating to electors' qualifications, so as to change the provisions relating to the residency requirements of electors; and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OP THE HOUSE,

HB 40. 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 a penalty; and for other purposes.
Referred to the Committee on Judiciary.

HB 41. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act prescribing the time for holding the Superior Court of Echols County, so as to change the time for holding said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 42. By Messrs. Bennett of the 71st and Bostick of the 63rd:
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 prior service credit for time spent as a teacher in American Dependents' Schools located overseas or within the continental limits of the United States; and for other purposes.
Referred to the Committee on Retirement.

HB 43. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to authorize and direct the State Depart ment of Corrections to reimburse the clerk of the court for court costs incurred in trying a criminal defendant for the crime of escape, when such escape is from State prison facilities; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 44. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to provide that the clerks of the superior courts shall not be re quired to file any civil case or proceeding until a deposit has been made with said clerk on account of cost; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 45. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to authorize and direct the Clerks of the Superior Courts to transmit records of sentences in felony cases to the State Board of Pardons and Paroles within five days of the date the same are entered upon the official dockets; and for other purposes.
Referred to the Committee on Special Judiciary.

THURSDAY, JANUARY 14, 1971

125

HB 46. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds for total divorce, so as to provide that drug addiction shall constitute a ground for divorce; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 47. By Mr. Howell of the 60th:
A Bill to be entitled an Act to provide a system of officially designated Georgia Government Documents in order to obtain maximum efficiency, economy, and usefulness in the publication, compilation, distribution and preservation of the written materials defined as government docu ments; and for other purposes.
Referred to the Committee on State of Republic.

HB 48. By Mr. Howell of the 60th:
A Bill to be entitled an Act to create the Walter F. George Development Authority and empower said Authority with all rights, powers, au thority and privileges whatsoever necessary to hold as lessee, improve, maintain, beautify, subdivide, sublease in any part, manage, regulate, administer, finance, issue revenue anticipation certificates of authority payable from earnings and revenues, to pay the cost of projects; and for other purposes.
Referred to the Committee on State of Republic.

HB 49. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of assistant district attorneys in certain judicial circuits, so as to change the provisions relative to the compensation of such assistants; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 50. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act requiring that defendants convicted of crimes be given credit for pretrial confinements, so as to provide that the provisions of said Act shall be permissive rather than mandatory; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 51. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the waiver of indictments and the trial of defendants upon accusation,

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JOURNAL OF THE HOUSE,

so as to provide that defendants who consent thereto may plead guilty to capital felonies without necessity of being indicted by a grand jury; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 52. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as provide that certain persons who had creditable service prior to July 1, 1953, shall have until October 1, 1971 to request credit for such service; and for other purposes.
Referred to the Committee on Retirement.

HB 53. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide a procedure for the process of selecting jurors in felony cases; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 54. By Messrs. Rush of the 51st and Jones of the 87th:
A Bill to be entitled an Act to amend Code Chapter 26-99, relating to miscellaneous criminal offenses, so as to provide that the taking of any weapon, intoxicating liquor, amphetamines, biphetamines, inhalers, or any other hallucinating or intoxicating substance onto the property of any penitentiary, any unit of the University System of Georgia, or any facility under the supervision and control of the Department of Public Safety; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 55. By Messrs. Leggett and Isenberg of the 67th:
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 provide for the extension of the season for taking shrimp under certain conditions; and for other purposes.
Referred to the Committee on Game and Fish.

HB 56. By Messrs. Brown, Scarborough, Pinkston and Bennett of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act providing the procedures for searches and seizures and for suppression of evidence illegally seized; and for other purposes.
Referred to the Committee on Special Judiciary.

THURSDAY, JANUARY 14, 1971

127

HB 57. By Messrs. Williams of the llth and Smith of the 39th:
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.
Referred to the Committee on Motor Vehicles.

HB 58. By Messrs. Williams of the llth and Smith of the 39th:
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's licenses, so as to provide for the examination of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1972; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 59. By Messrs. Williams of the llth and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuances, suspension, revoca tion and cancellation of driver's licenses, so as to provide that the Direc tor 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.

HB 60. By Messrs. Phillips of the 50th, Strickland of the 56th, Smith of the 3rd, Salem and Rush of the 51st:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, so as to redesignate a certain code section; and for other purposes.
Referred to the Committee on Health & Ecology.

HB 61. By Messrs. Barfield and Bennett of the 71st, Northcutt of the 21st, Russell of the 70th, Mullinax of the 30th, Brown of the 110th, Davis of the 75th and others:
A Bill to be entitled an Act to amend Code Chapter 84-1 relating to the Joint Secretary of the State Examining Boards, so as to provide that all examining boards shall be under the administrative authority of the Joint Secretary; and for other purposes.
Referred to the Committeee on State of Republic.

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JOURNAL OF THE HOUSE,

HR 32-61. By Mr. Bennett of the 71st:
A Resolution authorizing and directing the State Highway Department to place signs at appropriate places on Interstate 75 at or near the exit which leads to North Valdosta Road, which signs shall contain the following: "Valdosta State College"; and for other purposes.
Referred to the Committee on Highways.

HR 33-61. By Messrs. Thomason and Levitas of the 77th: A Resolution compensating Armour & Company; and for other purposes.
Referred to the Committee on Appropriations.

HB 62. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend the provisions of Code of Georgia relating to contracts, promissory notes, consensual transactions, deeds, security deeds and conveyances of property, so as to provide that the contracts, promissory notes, and any other consensual transactions of minors who are 18 years old or older shall be valid and binding; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 63. By Messrs. Patterson of the 20th and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for credit for previousservice as sheriff; and for other purposes.
Referred to the Committee on Retirement.

HB 64. 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 permit participation in its student honors pro gram by certain pupils of private high schools of this State; and for other purposes.
Referred to the Committee on Education.

HR 34-64. By Messrs. Geisinger and Collins of the 72nd, Bell and Noble of the 73rd:
A Resolution proposing an amendment to the Constitution so as to extend the time which the General Assembly may remain in regularsession; and for other purposes.
Referred to the Committee on State of Republic.

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

HR 13-18. By Mr. Shanahan of the 8th:
A Resolution compensating Joan Elizabeth Putnam; and for other purposes.

HR 14-18. By Mr. Shanahan of the 8th: A Resolution compensating John K. Hobgood; and for other purposes.
HR 15-18. By Mr. Shanahan of the 8th: A Resolution compensating Milton Stewart; and for other purposes.

HR 16-18. By Mr. Mullinax of the 30th: A Resolution compensating Mr. Alfred H. Nader; and for other purposes.
HR 17-18. By Mr. Strickland of the 56th: A Resolution compensating Mr. J. P. Dean; and for other purposes.
HB 19. By Messrs. Levitas of the 77th, Nunn of the 41st: A Bill to be entitled an Act to amend Code Chapter 38-4, relating to the rules governing admission of testimony, so as to provide that in all criminal trials the accused shall be competent, but not compellable, to testify in his own behalf; and for other purposes.
HB 20. By Messrs. Levitas of the 77th and Nunn of the 41st: 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; and for other purposes.

HB 21. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia, and to amend Code Section 113-903 relative to the rules of inheritance, so as to provide that adopted persons shall inherit from other adopted persons when both are adopted by a mutual parent; and for other purposes.

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HB 22. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend Code Section 79-A-705, relating to labels on containers of dangerous drugs and cautionary statements stated in the prescription to appear on the label of each container of such drugs; and for other purposes.

HB 23. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 105-1306, relating to actions for the homicide of a wife or mother, so as to delete the requirement that any illegitimate child or children must be dependent upon the mother in order to recover for the homicide of the mother; and for other purposes.
HB 24. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide for investigation of persons con victed of crimes, the sentence for which may include imprisonment for five or more years or which are classified as "sex crimes"; and for other purposes.
HB 25. 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 by lawful authority; and for other purposes.
HB 26. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to remove the requirements that certain drivers' license suspensions become effective immediately if the affected persons request that certain hearings be continued to a day beyond a certain period; and for other purposes.
HB 27. By Messrs. Sorrells of the 24th and Lambert of the 25th:
A Bill to* be entitled an Act to amend an Act placing the District At torneys of the Superior Courts of this State upon an annual salary, so as to provide for the payment of certain expenses incurred by the district attorneys in the performance of their official duties; and for other purposes.
HB 28. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide a uniform crime reporting sys tem; and for other purposes.

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HB 29. By Messrs. Northcutt of the 21st, Barfield of the 71st, Russell of the 70th, Davis of the 75th, Colwell of the 5th, Lee of the 21st, Longino of the 98th and Lane of the 44th:
A Bill to be entitled an Act to create the Georgia State Board of Barbers; and for other purposes.

HB 30. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide credit for certain service under certain conditions; and for other purposes.
HB 31. By Mr. Alexander of the 108th: A Bill to be entitled an Act to amend an Act providing 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, so as to provide that said Act shall also apply to cases before the Georgia Supreme Court on denial of a petition for a writ of habeas corpus; and for other purposes.
HB 32. By Mr. Scarborough of the 81st: A Bill to be entitled an Act to amend Code Section 113-1508, relating to the priority of claims against the estate of a decedent, so as to provide that the necessary expenses of administration shall have first priority; and for other purposes.
HB 33. By Mr. Scarborough of the 81st: A Bill to be entitled an Act to prohibit unjust discrimination in em ployment because of age; and for other purposes.

HB 34. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend an Act incorporating the City of Blakely, so as to change the salaries of the mayor and councilmen; and for other purposes.

HB 35. By Messrs. Hill of the 94th and Brown of the 110th:
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 department in all counties of this State; and for other purposes.

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HB 36. By Mr. Jordan of the 74th:
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 provision relative to local units' share of the cost of the Statewide public school educational television program; and for other purposes.

HB 37. By Messrs, Salem of the 51st and Lewis of the 37th:
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 change the rate of tax imposed under said Act; and for other purposes.

HB 38. By Messrs. Salem of the 51st and Lewis of the 37th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State and local governments in the costs of the Minimum Foundation Program; and for other purposes.
HR 19-38. By Mr. Scarborough of the 81st: A Resolution compensating Mr. Scott F. Sinclair; and for other purposes.
HR 20-38. By Messrs. Collins and Geisinger of the 72nd: A Resolution compensating Mr. W. H. Wilkie; and for other purposes.
HR 21-38. By Messrs. Russell and Keyton of the 70th: A Resolution compensating Mr. James E. Howell; and for other pur poses.
HR 22-38. By Mr. Alexander of the 108th: A Resolution proposing an amendment to the Constitution so as to provide for the restoration of all rights, privileges and immunities of citizenship which have been removed or impaired as a result of the con viction of any crime, without further proceedings, upon an unconditional release from prison following the completion of the sentence or upon the expiration of any period of parole or probation; and for other purposes.
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 Bill of

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the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1. Do Pass by Substitute.

Respectfully submitted, /a/ Busbee of the 61st, 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:

HR 30. Mr. Smith of the 43rd and others:
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.

The President has appointed as a committee of escort the following Senators:

Spinks of the 9th, Carter of 14th, Smalley of 28th, Broun of the 46th, Coggin of 35th, Holloway of the 12, and Bateman of the 27th.

The following Resolutions of the House were read and adopted:
HR 37. By Mr. Smith of the 43rd:
A RESOLUTION
Wishing a speedy recovery for the Honorable James H. (Sloppy) Floyd; and for other purposes.
WHEREAS, the Honorable James H. (Sloppy) Ployd, Representa tive from the 7th District, and Chairman of the Appropriations Com mittee of this body, is unable to be in attendance due to illness; and
WHEREAS, he has been an outstanding member of the House since 1953; and

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WHEREAS, his knowledge and insight into the complex matters of appropriations and fiscal review provide great assistance to the mem bers of this body in their deliberations; and

WHEREAS, his counsel and advice in the consideration of matters 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 most heartfelt wishes to the Honorable James H. (Sloppy) Floyd for his speedy recovery and his return to the deliberations of this body.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to the Honorable James H. (Sloppy) Floyd.

HR 38. By Messrs. Toles and Adams of the 9th and Smith of the 43rd:
A RESOLUTION
Wishing a speedy recovery for Honorable Sidney Lowrey; and for other purposes.
WHEREAS, the distinguished and able Representative from the Ninth District, Honorable Sidney Lowrey, is ill in Emory University Hospital; and
WHEREAS, the wisdom and counsel of this outstanding member of this body will be sorely missed by the members thereof during his absence; and
WHEREAS, it is the sincerest wish of each and every individual member of this body that Sid Lowrey experience a full and speedy recovery in order that we might all again share the knowledge and ex perience of this distinguished member; and
WHEREAS, the individual and collective prayers of each member of the General Assembly are that its esteemed member, Sid Lowrey, experience a full and rapid recovery.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the illness of its distinguished member, Honorable Sidney Lowrey, and does hereby wish for him a full and speedy recovery in order that he might return as soon as possible to the deliberations of the Georgia General Assembly.

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HR 39. By Messrs. Cheeks, Miles and Mulherin of the 78th, Connell of the 79th and Smith of the 80th:

A RESOLUTION

Commending Mr. John G. Zeigler; and for other purposes.

WHEREAS, Mr. John G. Zeigler of Augusta, Georgia, has served for 25 consecutive years as President of the Progressive Political Club for Good Government, and its predecessors; and

WHEREAS, Mr. Zeigler has recently retired from the Presidency of this outstanding organization; and

WHEREAS, he has provided an inspiration to his community and State through his many outstanding contributions to the civic, social, economic and political life of his community and State; and

WHEREAS, it is only fitting and proper that he be recognized and commended for his many years of dedicated public service.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and congratulate Mr. John G. Zeigler for his long and successful tenure as President of the Progressive Political Club for Good Government, and its predecessors.

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. John G. Zeigler.

HR 40. By Messrs. Cheeks, Miles and Mulherin of the 78th, Smith of the 80th and Connell of the 79th:
A RESOLUTION
Expressing regrets at the passing of Dr. Regnald Maxwell, Sr.; and for other purposes.
WHEREAS, the State of Georgia recently lost one of its most dis tinguished citizens in the passing of Dr. Regnald Maxwell, Sr. of Au gusta, Georgia; and
WHEREAS, he devoted many hours to the improvement of the civic, social, economic, and religious life of his community and State; and
WHEREAS, his many contributions to the welfare of his community and State will be sorely missed; and
WHEREAS, he was the dedicated husband of Mrs. Laura Isabelle Maxwell, and was a devoted father.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest and sincerest regrets at the passing of Dr. Regnald Max well, Sr. and hereby extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to the family of Dr. Regnald Maxwell, Sr.

HR 41. By Messrs. Levitas, Farrar and Thomason of the 77th, Dean of the 76th, Westlake of the 75th, Geisinger of the 72nd and many others:
A RESOLUTION
Commending the Lakeside High School Football Team for winning the State AAA Football Championship; and for other purposes.
WHEREAS, the Lakeside High School Football Team, in an out standing display of talent, determination and sportsmanship, won the 1970 AAA Football Championship; and
WHEREAS, this team compiled the remarkable record of 13 wins and no losses during regular season against strong opponents; and
WHEREAS, this team scored 358 points during regular season for an average of more than 27 points per game while the opponents scored only 93 points for an average of less than 7 points per game; and
WHEREAS, in very exciting playoff games, this team defeated the Columbia and Dalton High School football teams and the powerful Richmond Academy "Musketeers".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate Coach Wayman Creel and each member of the Lakeside High School Football team for winning the 1970 State AAA Football Championship.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appro priate copy of this Resolution to Coach Wayman Creel for presentation to the Lakeside High School Football Team.
HR 42. By Messrs. Cheeks, Miles and Mulherin of the 78th, Smith of the 80th and Connell of the 79th:
A RESOLUTION
Commending Mr. John L. Murray; and for other purposes.
WHEREAS, Mr. John L. Murray of Augusta, Richmond County, Georgia, has served with great distinction and dedication as a member

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of the Augusta Police and Fire Commission for four consecutive fiveyear terms; and

WHEREAS, he has provided outstanding leadership in insuring
adequate police and fire protection for the citizens of his community; and

WHEREAS, he has made significant contributions to the civic, social, economic and political life of his community and State; and

WHEREAS, he has provided inspiration to his community and State through his dedication and ability in the performance of the duties of his office.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con
gratulate Mr. John L. Murray for his many contributions to his com munity 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. John L. Murray.

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:

HR 31. By Mr. Smith of the 43rd and others: 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.
The President has appointed as a committee of escort the following Senators: Carter of the 14th, Ward of the 39th, Spinks of the 9th, Holloway of the 12th, Patton of the 40th, Kennedy of the 4th and Henderson of the 33rd.
The hour of convening the Joint Session under the provisions of HR 30 having arrived, the Senate appeared upon the floor of the House.
The Joint Session was called to order by the President of the Senate.
HR 30, calling a Joint Session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor, was read.

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

Lieutenant Governor Lester G. Maddox presented Governor Jimmy Carter, who delivered the following address:
Lieutenant Governor Maddox, Speaker Smith, Members of the Georgia Assembly, and other fellow Georgians:
As a former member of this body, and the son of a State Repre sentative, as a candidate who exerted my utmost effort to meet and to learn our people, and now as one who has assumed the duties of Gov ernor, I come to share with you my knowledge and concern about the present and future State of Georgia.
First of all, I am determined to establish and to maintain the closest possible working relationship with the House and Senate. An ever present thought for me is that your constituents are also mine. We share the confidence of the same people and we share the same goals. For the first time in the History of our State, your chosen leaders will also be my leaders on the floor of the Legislative Chambers. They are already working closely with me in the development of my programs. I promise to do everything possible to earn your continued confidence and respect.
Georgia has a long and distinguished history, and our state gov ernment has evolved to meet the changing needs of each succeeding year. But it has been almost 40 years since a major reorganization of state government was completed by Senator Richard B. Russell, who was then Governor. During my campaign. I stated often that there were 140 agencies in our government. Now I find that in the executive branch alone, we have more than two hundred agencies which share the responsibility for conducting the affairs of our people. It has gotten so that every time I open the closet door in my office, I fear that a new state agency will fall out.
Many functions of government are performed inefficiently and are difficult to understand or control. Many responsibilities are dupli cated and others are not met at all. Taxpayers from throughout the State and your own legislative leaders have discussed with me the pressing need to reorganize our government to make it more responsive to the needs of our people and to insure maximum effectiveness and economy in its operation.
I am prepared to undertake this task as authorized by you and subject to legislative veto during a later session of the House and Senate.
My 1973 budget proposal will be based upon the reorganizational plan which I shall submit. Adequate safeguards exist in our Constitution and others acceptable to our state elected officers have been carefully written into House Bill No. 1 which has already been introduced. I urgently request that you give your approval to this most important

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and necessary proposal and then join in helping me during the coming year to make Georgia's expectations of improved government a reality.

Another matter of deep concern to our people is the rapid escala tion of ad valorem taxes, and the need for additional financial resources to meet the increasing challenges to local governments. We must remember that cities and counties are creatures of the State, and that their welfare is our legitimate concern. One of my pledges to Georgians was to give to local governments the opportunity to reduce property taxes and to guarantee equality of assessments within our cities and counties. Another pledge was to equalize the burden of both local and state taxation according to each person's ability to pay. This can only be done with an incisive tax revision program.

All of these pledges will be completed if the Legislature will ac cept the tax proposals to be spelled out in detail tomorrow in my Budget Message to you.

One of my major bills to be effective after fiscal 1972, will freeze the millage rate in all school districts for financing the minimum foundation program of education. An accurate study by the State Auditor will be completed later this year to determine the adjusted tax digests throughout Georgia. A uniform assessment of less than 3 mills will then be required on the total property values, or about 7 mills on a 40% digest. This will replace the rapidly increasing re quired local effort now in effect. This plan, proposed by the State School Superintendent, should assure local taxpayers of substantial future property tax relief and fair treatment from the State and Local Governments.
The business and professional community, our schools and colleges, and individual citizens should be encouraged to participate in every as pect of government in an active and continuing way.

I shall continue the excellent idea of making the Governor's of fice open to the people, and shall extend this action with scheduled visits to different parts of Georgia, accompanied by representatives of key departments. Our sole purpose will be to maintain direct personal contact with our people, so as to receive firsthand expressions of need, and suggestions for improving our Government.

In public spending we should expect a reasonable return on every financial investment. The greatest profit comes when we transform a citizen who is now or will be a burden on the state into one who is able to assume the full prerogatives and responsibilities of citizenship. There is an obvious justification for investments in law enforcement, prison reform, education, industrial development, health and labor.

Crime is one of the most costly afflictions on our society. The rapidly increasing threats of drug abuse and organized crime must and will be met courageously and effectively. We shall encourage increased training and professionalism among state and local peace officers and increase their pay accordingly. We must expedite trials, secure greater uniformity of work load, and streamline court procedures. Within strict constitutional bounds the rights of the State and the accused must be

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carefully balanced. In some instances, the size of juries may be reduced. Citizen participatiton needs to be increased in all phases of criminal justice.

Efforts to improve law enforcement, crime prevention, trial and sentencing, probation, parole and prison reform, must be closely cor related.

As our new Corrections Director has said, "Criminals are put in prison as punishment, not for punishment. They will be returning to
society to be our neighbors. They must be rehabilitated, and not in creasingly confirmed in their criminal ways."

The entire field of criminal justice cries out for improvement in Georgia. I shall stake my own personal reputation on this improvement.

Georgians are becoming increasingly concerned about the inevitable impact of technological changes in farming and industry, of urbaniza tion, and population growth, upon the quality of our natural surround ings. Noise, ugliness, loss of privacy and pollution of air and water threaten the right of all Georgians to enjoy the place where we live. I am pledged to use the full resources of the Governor's Office to protect and to guarantee this inherent right in Georgia's Constitution, and to coordi nate and strengthen the efforts of state and local agencies now engaged in the fight to protect the quality of our environment. There are now more than twenty agencies responsible for the inventory, preservation, conservation, utilization, enjoyment and development of our natural resources. This is just one example of the need for reorganization of
government. Such fragmentation and overlapping of responsibilities pre vent us all from understanding and controlling these most important governmental efforts.

The proper education of our people is of paramount importance. It
is certainly false economy to perpetuate ignorance and thus to encour age continued economic, medical and social dependence of deprived citi zens upon the rest of society. I shall do everything possible to correct the dropout problem by providing a carefully tailored individual educa tion for every student in Georgia, and to alleviate the afflictions of illiteracy and lack of training on those who want or need to help them
selves.

This year I shall propose the beginning of a kindergarten system, remedial reading instruction for slow learners, and additional teachers for exceptional children. Also, a statewide testing program will permit us for the first time to measure the peculiar needs and achievements of students and the effectiveness of teachers and individual schools.
Our vocational program will be expanded, particularly in the public schools, and every effort made to match training with future employ
ment opportunities for graduates.

A major effort must be made to set higher academic and curri culum standards, which will force a choice in many local school districts between inferior education on one hand, and consolidation or close co operation with adjacent districts on the other.

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141

Increased salaries are needed for teachers in schools and colleges and for bus drivers, whose duties are becoming more demanding with each succeeding year.
Our university system is growing rapidly. This growth must and will be encouraged in the future. Ten years ago, we had 30,000 college students. Now we have 92,000 and at least 125,000 will be in college when I go out of office. We must exercise strict economy in the university system, but we have no choice except to meet without hesitation the needs for growth of our colleges and universities.
It is very important to me that the intellectual and instructional resources of our colleges be used in a forthright and practical way to help in solving the many chronic problems faced by our Georgia people. Basic and applied research facilities and extension services can be closely oriented to our actual needs.
It is absolutely necessary that our Board of Regents and our State Board of Education work hand in hand. This is a relationship which we have not always enjoyed, but which I am confident we shall have in the future.
Another problem is that we are now in danger of seeing our private colleges begin to close because of economic pressure. This would prove very costly to our state. We need to devise a workable plan of financial assistance to private colleges which will provide maximum benefits to Georgia's students.
As I have said many times, I do not intend to see our campuses disrupted, and I will enforce the law.
At the same time, it is important to the State and to me personally to continue the close friendship with young people developed during my long campaign. I shall establish a series of informal but effective meet ings, probably at the mansion, with a group of student body presidents and other responsible young leaders from throughout Georgia. Among other things, they can help to devise an aggressive internship program encompassing all the sensitive functions of government such a pollution control, health and welfare, education, drug and crime control, justice, recreation and government administration.

In order to insure increased voter registration among our young citizens, I am proposing to you that all High School Principals in Georgia be designated as deputy voter registrars, authorized to register all stu dents within their schools as they approach the legal age of eighteen.
It should never be forgotten that strong local governments are im portant partners with us in managing the public affairs of Georgia people.
I am prepared to help those local governments who are willing to help themselves. Included in the budget request will be substantial di rect and indirect financial aid to cities and counties. This will give them an opportunity to lower ad valorem taxes and to provide improved

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services for our people. Strict accounting responsibility for the expendi ture of these funds should be required, and a limit'established and main tained on the percentage of local government expenditures which can be financed by state grants. It is very important that the closest work ing relationship be guaranteed among cities, counties, the state and the federal government. I have already begun to assure personal cooperation between my office and the officials of Georgia's metropolitan areas. I am willing to share with them the responsibility of meeting critical urban needs.
During the last four years, I have been Georgia's number one traveler. I have become familiar with almost every highway and airport in our state. I have seen the dynamism and growth of communities served by a good transportation system, and the severe handicaps im posed by choked streets and roads. My pledge is that I will work with you and the Highway Department to develop a complete system of critical, four-lane highways, to replace inadequate and dangerous bridges, to finance an urban bond program, to pave and resurface rural roads, to expedite right-of-way purchases and to complete the interstate system. Of course, our state routes must receive continued and equal attention, including a third lane for heavily traveled routes.
Both counties and cities which have adequate road construction forces will be given the right to contract directly with the highway de partment for local projects.
All state funds will be distributed on the basis of a fair, simple, well understood and predictable formula, and roads will be constructed solely on the basis of need.
We shall also plan and continue the development of an adequate system of airports, waterways and seaports.
I personally believe that most transportation developments should be managed by one department of government.

Our nation is now in a period of economic recession. By conducting an aggressive search for tourism and industry, maintaining a stable and uniform tax structure, and meeting the basic needs for industrialists and employees we can assure Georgians a relatively high level of pros perity and employment. This must and will be done.

As you know, I am a farmer as have been my people for more than 200 years in Georgia. Agriculture is a dynamic and rapidly changing industry. Expanded export markets, new crops, improved production and modern processing techniques will come from enlightened research and more aggressive extension work. During the years ahead, we need to put more emphasis on home grown industries which utilize our own raw materials. We must never forget the natural inter-dependence of
our farm and city people.

7,000,000 travelers pass through our state each year. This tremen dous river of tourists can spread all over Georgia if we provide them with worthwhile attractions to visit. The investments would be tiny

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compared to the benefits derived. We need to add at least one major tourist attraction annually. The Department of Industry and Trade will seek these travel industries aggressively. Also, many local communi ties can follow the examples set by the citizens of Helen, Hamilton, Lumpkin and other towns who, with local initiative, are building enjoy able and lucrative industries based on tourism.

I shall be responsible for continuing the inventory and development of Georgia's historic sites, and for expanding art and cultural programs throughout Georgia. W must prove that life in our state can be both profitable and enjoyable.

Our fastest growing financial responsibility is in the fields of health and welfare. In addition to the more orderly growth in physical and mental health facilities and services, the cost of medicaid programs is growing by leaps and bounds.
Welfare costs are also escalating rapidly, particularly in the area of aid to families with dependent children. This is a nationwide problem. It is of grave concern to me that we now have 200,000 children, 90,000 elderly persons, 3,000 blind, 35,000 permanently disabled and 60,000 child caretakers who receive all or part of their monthly income through welfare payments. Other thousands have their food and medical budgets supplemented. Still other thousands of homeless, neglected or delinquent children must be protected and cared for. The numbers are large and troubling, and it will be our aim to treat them with respect and to assist those who can to find a way out of their social and economic trap.
We shall work at this in two principal ways. One will be a major effort to increase the social rehabilitation and job training potential of our government programs, insisting on close coordination and careful evaluation of results. The other will be a broad scale effort to go to the roots of the problems of the poor with carefully tailored education and vocational training, low income housing, improved criminal justice, accessible health and family planning services, and new industries with good job opportunities.
These are great challenges but you and I must be prepared to meet them.
A matter of personal interest to me is to establish and maintain the closest possible working relationship with our neighboring states. It is obvious that we share many opportunities and problems. We may see the next Southern Governors' Conference held in Georgia to guarantee the finest possible surroundings for friendly discussions of common in terest.
We also need to strengthen our bonds of friendship with other na tions throughout the world. Georgia's people and products can no longer be limited even by international boundaries. The friendly services of consular officials must be utilized more fully. I hope and expect that additional full time consulates will be established here in Atlanta during the next few years.

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In closing, let me mention briefly the Georgia Constitution. It is becoming increasingly antiquated and restrictive, especially on local governments. Last year, the House of Representatives passed a new codified version which would permit more flexibility in developing an efficient and dynamic government for our state. I sincerely hope that the Senate will study this version, make necessary improvements, per haps even avoid highly controversial amendments, and return to the
House for passage a new 1971 document. It should eliminate any neces sity for future local constitutional amendments and guarantee the maximum possible amount of Home Rule.

Then next year, more substantive amendments to the 1971 Consti tution can be considered and all can then be submitted to our people in November of 1972 for their approval.

This has been one of my longest speeches. I have tried to express some of my hopes for Georgia's future. We have a joint responsibility for assuring our people that this future will be one of increased pleas ure, dignity, friendship, achievement and freedom.

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 following communication was received:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 13, 1971
Honorable Glenn W. Ellard Clerk House of Representatives State Capitol Atlanta, Georgia
Dear Jack:
This is to advise that the Honorable Oliver Oxford, District 46, has been placed on the following committees of the House:
HIGHWAYS
Highway Maintenance Shops & Facilities, Secretary

THURSDAY, JANUARY 14, 1971

145

SPECIAL JUDICIARY

Inquiry & Investigation

BANKS & BANKING With best wishes and kindest regards, I am

Sincerely yours, /s/ Geo. L. Smith II

GLS:eph CC: Honorable Clarence Vaughn
Honorable John Hadaway Honorable Thomas A. Roach Honorable Albert W. Thompson Honorable Alan Gaynor Honorable Gary Bond Honorable Frank Edwards Honorable Ben W. Fortson Honorable Wm. H. Burson

The following communication was received:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 13, 1971
Honorable Glenn W. Ellard Clerk House of Representatives State Capitol Atlanta, Georgia
Dear Jack:
Please refer to my letter of January 12th with reference to the new subcommittee under Defense & Veterans Affairs Committee entitled Aviation Affairs.

146

JOURNAL OF THE HOUSE,

Please mark your records to show Honorable James H. Floyd, Dis trict 7, as a member of this subcommittee in lieu of Honorable Leon R. Floyd, District 75.

Sincerely, /s/ Geo. L. Smith II

GLS:eph CC: All members of subcommittee
Honorable Crawford Ware Honorable Gary Bond Honorable Wm. H. Burson Honorable Frank Edwards Honorable Ben Fortson

Leave of absence was granted to Mr. Black of the 45th for Friday, January 15, 1971, because of illness.

Leave of absence was granted to Mr. Dailey of the 53rd for Friday, January 15, 1971, in order that he could attend the funeral of his neighbor.

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 15, 1971

147

Representative Hall, Atlanta, Georgia Friday, January 15, 1971

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. Frank Brinson, Pastor, Friendship and Downs Baptist Churches, Davisboro, Georgia:
Our Father, teach us how to find the duties of this day.
Cause us to be loyal to the work that is before us; enforce the faith thou dost inspire; and grant us power to demonstrate Thy love through sharing it with others.
As we dwell together, unite our hearts in the fellowship of unselfish service and love. Strengthen our minds that we may share the feelings of the spiritual understanding.
May the paths we travel become a part of the road Thou wouldest have us to follow.
Enable us to consecrate our all to Thee. Where we are tempted to be less than what Thou desirest of us, restrain us; where we have sinned, may we repent and receive Thy forgiveness. In Jesus' name we pray. Amen.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S.

Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan

148
Evans Ezzard Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson
Jones, Herb
Jones, J. R.
Jordan
Keyton
King
Knight
Knowles
Kreeger
Lambert

JOURNAL OF THE HOUSE,

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mullinax Murphy Nessmith Noble Northcutt
Nunn
Odom
Oxford
Patterson
Patten
Pearce
Peters
Phillips, L. L.
Phillips, W. R.

Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner
Vaughn
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Mr. Mauldin of the 12th, 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.

FRIDAY, JANUARY 15, 1971

149

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:

HR 35-64. By Mr. Felton of the 95th:
A Resolution compensating Mrs. Irvin Blumenthal; and for other purposes.
Referred to the Committee on Appropriations.

HR 36-64. By Mr. Matthews of the 63rd: A Resolution compensating Mrs. E. L. Powell; and for other purposes.
Referred to the Committee on Appropriations.
HB 65. By Messrs. Gunter and Moore of the 6th, Patten of the 63rd, Wood and Whitmire of the llth, Gaynor of the 88th, Alien of the 92nd, Triplett of the 93rd, Sweat of the 65th and Mauldin of the 12th: A Bill to be entitled an Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements on any public property or building, private property or on any property zoned for use other than commercial or industrial; and for other purposes.
Referred to the Committee on State of Republic.
HB 66. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to authorize the District Attorneys of Georgia, upon approval by their Superior Court Judges to grant im-

150

JOURNAL OF THE HOUSE,

munity from prosecution in certain criminal proceedings; and for other purposes.
Referred to the Committee on Judiciary.

HB 67. By Messrs. Gunter and Moore 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 Judiciary.

HB 68. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend Code Section 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, so as to remove the right of the accused to make an unsworn statement; and for other purposes.
Referred to the Committee on Judiciary.

HB 69. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to require each felon entering the State of Georgia to register with the sheriff of the county in which the felon is residing, within 72 hours after entering the State; and for other purposes.
Referred to the Committee on Judiciary.

HB 70. By Messrs. Gunter and Moore 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 the District Attorney or Solicitor shall be served with a copy of the demand before filing the same with the Clerk of the Court; and for other purposes.
Referred to the Committee on Judiciary.

HB 71. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend Code Title 26, known as the Criminal Code of Georgia, so as to create a new Code Chapter to be designated as Code Chapter 26-34 relating to loan sharking; and for other purposes.
Referred to the Committee on Banks and Banking.

FRIDAY, JANUARY 15, 1971

151

HB 72. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Calhoun County, known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-Local Legislation.

HB 73. By Messrs. Cheeks, Miles and Mulherin of the 78th, Connell and Dent of the 79th, Smith and Sherman of the 80th:
A Bill to be entitled an Act to amend Code Chapter 46-4, relating to dissolution, claims and judgment in garnishment proceedings, so as to repeal Code Section 46-409, relating to bills of costs in garnishment proceedings, in its entirety; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 74. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedure in civil cases, so as to provide that after commencement of an action, any party may take the testimony of any person, by deposition upon certain questions; and for other purposes.
Referred to the Committee on Judiciary.

HB 75. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to create and establish the CuthbertRandolph Airport Authority and to authorize such Authority to acquire and maintain airports and landing fields for the use of aircraft; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-Local Legislation.

HB 76. By Messrs. Isenberg and Leggett of the 67th and Johnson of the 29th:
A Bill to be entitled an Act to amend Code Chapter 68-7 relating to regulation of motor vehicles for hire, so as to require that every taxicab operated in this State be equipped with as many seat belts as there are places for passengers; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 77. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Litter Control Law", so as to change the provisions relative to penalties; and for other purposes.
Referred to the Committee on Highways.

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JOURNAL OF THE HOUSE,

HB 78. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits for the City of LaGrange; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-Local Legislation.

HB 79. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for an increase in the retirement benefits of certain retired members; and for other members; and for other purposes.
Referred to the Committee on Retirement.

HB 80. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to provide for longevity increases in salary for any person covered by the Merit System who has been employed with any department or agency of State Government or agency of State Government for a minimum of 10 years and who has attained the top step in his grade classification; and for other purposes.
Referred to the Committee on Retirement.
HB 81. By Messrs. Roach, Poole and Harris of the 10th, Jones of the 4th, Whitmire and Wood of the llth:
A Bill to be entitled an Act to amend an Act providing for one additional Judge of the Superior Court of the Blue Ridge Judicial Circuit, so as to add one court reporter of the Blue Ridge Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 82. By Messrs. Hill of the 94th, Alexander of the 108th, Blackshear of the 91st, Bond of the lllth, Brown of the 110th and Hood of the 99th:
A Bill to be entitled an Act to require the State Personnel Board to remove all inequities from State employment application forms; and for other purposes.
Referred to the Committee on Retirement.

HB 83. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for aged and incapacitated teachers in the State public schools

FRIDAY, JANUARY 15, 1971

153

and other State supported schools, so as to authorize any member who has withdrawn his contributions to the Teachers' Retirement System not more than 3 times after Jan. 1, 1961 to reestablish his membership until payment back into the fund a sum equal to the amount with drawn ; and for other purposes.
Referred to the Committee on Retirement.

HR 43-83. By Mr. Harrington of the 34th: A Resolution compensating Mr. J. R. Bouchillon; and for other purposes.
Referred to the Committee on Appropriations.

HR 44-83. By Mr. Conger of the 68th: A Resolution compensating Mr. D. R. Tabb; and for other purposes.
Referred to the Committee on Appropriations.

HR 45-83. By Mr. Roach of the 10th: A Resolution compensating James H. Alexander; and for other purposes.
Referred to the Committee on Appropriations.

HR 46-83. By Mr. Stephens of the 103rd: A Resolution compensating Joe Darrell Davis; and for other purposes.
Referred to the Committee on Appropriations.

HR 47-83. By Mr. Stephens of the 103rd: A Resolution compensating Stella Dozier; and for other purposes.
Referred to the Committee on Appropriations.

HR 48-83. By Mrs. Merritt of the 46th: A Resolution compensating Dr. James W. Smith; and for other purposes.
Referred to the Committee on Appropriations.

HR 49-83. By Mr. Harrington of the 34th: A Resolution compensating Mr. Arthur Mosely; and for other purposes.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HB 84. By Messrs. Atherton of the 117th, and Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Thomason of the 77th, Cook of the 95th, Marcus of the 105th, Farrar of the 77th, Mason of the 13th and Geisinger of the 72nd:
A Bill to be entitled an Act to create an area-wide planning and develop ment commission for all Standard Metropolitan Statistical Areas of this State having a population of more than 1,000,000; and for other pur poses.
Referred to the Committee on State Planning and Community Affairs-Local Legislation.

HB 85. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to create a system of pensions and retire ment pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-Local Legislation.

HB 86. By Mr. Ware of the 30th: A Bill to be entitled an Act to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to provide that, at the option of the insured, he may be provided with increased limits of coverage for protection against uninsured motorists; and for other purposes.
Referred to the Committee on Insurance.
HB 87. By Messrs. Cole of the 3rd and Harris of the 10th: A Bill to be entitled an Act to require each and every public or private campground which has facilities for mobile campers to be equipped with sewage collection stations of sewage dump stations; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 88. By Messrs. Gunter of the 6th, Colwell of the 5th, Rush of the 51st, Rainey of the 47th, Adams of the 100th, Matthews of the 16th, Lane of the 44th, Housley of the 117th and Griffin of the 68th:
A Bill to be entitled an Act to amend an Act relating to the compensation of the Director of the Department of State Parks, so as to change the compensation of the Director; and for other purposes.
Referred to the Committee on Retirement.

FRIDAY, JANUARY 15, 1971

155

HR 50-88. By Messrs. Savage of the 104th, Brown of the 110th, Adams of the 100th, and Colwell of the 5th, Mrs. Merritt of the 46th, Messrs. Lane of the 101st, Whitmire of the llth, Geisinger of the 72nd and others:
A Resolution proposing an amendment to the Constitution so as to exempt certain persons who are 65 years of age or older and certain disabled persons from any increase in ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

HB 89. By Messrs. Egan of the 116th, Cook, Hawes and Horton of the 95th:
A Bill to be entitled an A-ct to amend Code Section 92-1403, relating to the levy of a motor fuel tax and exemptions therefrom, so as to provide for refunds of portions of the motor vehicle fuel taxes to counties, incorporated municipalities, school districts and independent school systems; and for other purposes.
Referred to the Committee on Ways and Means.

HB 90. By Messrs. Geisinger and Collins of the 72nd, Cook, Horton and Hawes of the 95th, Mrs. Merritt of the 46th, Messrs. Marcus of the 105th and others:
A Bill to be entitled an Act to regulate the bail bond business in the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 91. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1971, and ending June 30, 1972, and the fiscal year beginning July 1, 1972 and ending June 30, 1973; and for other purposes.
Referred to the Committee on Appropriations.
HB 92. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein, and the purposes provided for herein; and for other purposes.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HB 93. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A Bill to be entitled an Act to provide additional appropriations pursuant to Section B of the Governor's Budget Report for the fiscal year begin ning July 1, 1971 and ending June 30, 1972, and for the fiscal year beginning July 1, 1972 and ending June 30, 1973, 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 puprposes.
Referred to the Committee on Appropriations.

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

HB 39. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 34-602, relating to electors' qualifications, so as to change the provisions relating to the residency requirements of electors; and for other purposes.

HB 40. 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 a penalty; and for other purposes.
HB 41. By Messrs. Bennett, Reaves and Barfield of the 71st: A Bill to be entitled an Act to amend an Act prescribing the time for holding the Superior Court of Echols County, so as to change the time for holding said court; and for other purposes.

HB 42. By Messrs. Bennett of the 71st and Bostick of the 63rd:
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 prior service credit for time spent as a teacher in American Dependents' Schools located overseas or within the continental limits of the United States; and for other purposes.

HB 43. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to authorize and direct the State Depart ment of Corrections to reimburse the clerk of the court for court costs

FRIDAY, JANUARY 15, 1971

157

incurred in trying a criminal defendant for the crime of escape, when such escape is from State prison facilities; and for other purposes.

HB 44. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to provide that the clerks of the superior courts shall not be required to file any civil case or proceeding until a deposit has been made with said clerk on account of cost; and for other purposes.

HB 45. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to authorize and direct the Clerks of the Superior Courts to transmit records of sentences in felony cases to the State Board of Pardons and Paroles within five days of the date the same are entered upon the official dockets; and for other purposes.

HB 46. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds for total divorce, so as to provide that drug addiction shall constitute a ground for divorce; and for other purposes.

HB 47. By Mr. Howell of the 60th:
A Bill to be entitled an Act to provide a system of officially designated Georgia Government Documents in order to obtain maximum efficiency, economy, and usefulness in the publication, compilation, distribution and preservation of the written materials defined as government docu ments ; and for other purposes.

HB 48. By Mr. Howell of the 60th:
A Bill to be entitled an Act to create the Walter F. George Development Authority and empower said Authority with all rights, powers, authority and privileges whatsoever necessary to hold as lessee, improve, main tain, beautify, subdivide, sublease in any part, manage, regulate, admin ister, finance, issue revenue anticipation certificates of authority pay able from earnings and revenues, to pay the cost of projects; and for other purposes.

HB 49. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act providing for the ap pointment of assistant district attorneys in certain judicial circuits, so as to change the provisions relative to the compensation of such as sistants; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 50. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act requiring that defendants convicted of crimes be given credit for pretrial confinements, so as to provide that the provisions of said Act shall be permissive rather than mandatory; and for other purposes.

HB 51. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the waiver of indictments and the trial of defendants upon accusa tion, so as to provide that defendants who consent thereto may plead guilty to capital felonies without necessity of being indicted by a grand jury; and for other purposes.

HB 52. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act establishing the StateEmployees' Retirement System, so as to provide that certain persons who had creditable service prior to July 1, 1953, shall have until October 1, 1971 to request credit for such service; and for other purposes.

HB 53. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide a procedure for the process of selecting jurors in felony cases; and for other purposes.

HB 54. By Messrs. Rush of the 51st and Jones of the 87th:
A Bill to be entitled an Act to amend Code Chapter 26-99, relating to miscellaneous criminal offenses, so as to provide that the taking of any weapon, intoxicating liquor, amphetamines, biphetamines, inhalers, or any other hallucinating or intoxicating substance onto the property of any penitentiary, any unit of the University System of Georgia, or any facility under the supervision and control of the Department of Public Safety; and for other purposes.
HB 55. By Messrs. Leggett and Isenberg of the 67th:
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 provide for the extension of the season for taking shrimp under certain conditions; and for other purposes.
HB 56. By Messrs. Brown, Scarborough, Pinkston and Bennett of the 81st,. Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act providing the procedures for searches and seizures and for suppression of evidence illegally seized; and for other purposes.

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159

HB 57. By Messrs. Williams of the llth and Smith of the 39th:
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 licenses, so as to provide for a Medical Advisory Board; and for other purposes.

HB 58. By Messrs. Williams of the llth and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, and re vocation of motor vehicle driver's licenses, so as to provide for the examination of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1972; and for other purposes.
HB 59. By Messrs. Williams of the llth and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuances, 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.

HB 60. By Messrs. Phillips of the 50th, Strickland of the 56th, Smith of the 3rd, Salem and Rush of the 51st:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, so as to redesignate a certain code section; and for other purposes.

HB 61. By Messrs. Barfield and Bennett of the 71st, Northcutt of the 21st, Russell of the 70th, Mullinax of the 30th, Brown of the 110th, Davis of the 75th and others:
A Bill to be entitled an Act to amend Code Chapter 84-1 relating to the Joint Secretary of the State Examining Boards, so as to provide that all examining boards shall be under the administrative authority of the Joint Secretary; and for other purposes.

HR 32-61. By Mr. Bennett of the 71st:
A Resolution authorizing and directing the State Highway Department to place signs at appropriate places on Interstate 75 at or near the exit which leads to North Valdosta Road, which signs shall contain the following: "Valdosta State College"; and for other purposes.

160

JOURNAL OF THE HOUSE,

HR 33-61. By Messrs. Thomason and Levitas of the 77th: A Resolution compensating Armour & Company; and for other purposes.

HB 62. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend the provisions of Code of Georgia relating to contracts, promissory notes, consensual transactions, deeds, security deeds and conveyances of property, so as to provide that the contracts, promissory notes, and any other consensual transactions of minors who are 18 years old or older shall be valid and binding; and for other purposes.

HB 63. By Messrs. Patterson of the 20th and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for credit for previous service as sheriff; and for other purposes.

HB 64. 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 permit participation in its student honors program by certain pupils of private high schools of this State; and for other purposes.
HR 34-64. By Messrs. Geisinger and Collins of the 72nd, Bell and Noble of the 73rd: A Resolution proposing an amendment to the Constitution so as to extend the time which the General Assembly may remain in regular session; and for other purposes.
Mr. Rainey of the 47th, Chairman of the Committee on Game & Fish sub mitted the following report:
Mr. Speaker:
Your Committee on Game & Fish has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendations:

HB 55. Do Pass.

Respectfully submitted, Rainey of the 47th, Chairman.

FRIDAY, JANUARY 15, 1971

161

Mr. Snow of the 1st, Chairman of the Committee on Judiciary, submitted

the following report:

. .. .

Mr. Speaker:

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

HB 17. Do Not Pass. HB 21. Do Pass as Amended.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Roach of the 10th, 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 House with the following recommendations:

HB 62. Do Pass. HB 56. Do Pass.

Respectfully submitted, Roach of the 10th, Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under con sideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 9. Do Pass. HB 11. Do Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

162

JOURNAL OF THE HOUSE,

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 Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 5. Do Pass. HB 47. Do Pass.

Respectfully submitted, Howell of the 60th, Chairman.

The following communication was received:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 14, 1971
Honorable Glenn W. Ellard Clerk House of Representatives State Capitol Atlanta, Georgia
Dear Jack:
This is to advise that the Honorable Earl T. Davis, District 86, will serve as Secretary of the Workmen's Compensation Subcommittee of the Industrial Relations Committee.
With best wishes and kindest regards, I am.
Sincerely yours, /s/ Geo. L. Smith II
GLS: eph CC: Honorable Wm. J. Lee
Honorable Mac Pickard Honorable Frank Edwards Honorable Gary Bond Honorable Wm. H. Burson Honorable Ben W. Fortson

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163

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 6. By Senators Plunkett of the 30th and Webb of the llth:
A Resolution expressing deepest regrets at the passing of the late Dr. Alien C. Smith, and for other purposes.

The following Resolution of the House was read and adopted:

HR 51. By Messrs. Wood and Whitmire of the llth, Smith of the 43rd and Isenberg of the 67th:
A RESOLUTION
Congratulating and commending Honorable W. M. "Bill" Williams; and for other purposes.
WHEREAS, Honorable W. M. "Bill" Williams, the distinguished gentleman from the llth District, Post 1, is one of the most influential and respected members of the General Assembly; and
WHEREAS, being originally elected to the House of Representatives in 1956, he has served the people of Hall County and the State of Georgia with outstanding honor and ability for over 14 years; and
WHEREAS, because of his long experience and remarkable knowl edge of State Government, his counsel is sought by his colleagues in the General Assembly; and
WHEREAS, he serves with fairness, dedication, ability and skill as the Chairman of the Motor Vehicles Committee and as a member of the Appropriations and Rules Committees; and
WHEREAS, he is the "Dean" of the 9th District Legislative Delega tion; and
WHEREAS, he will celebrate his 61st birthday on Saturday, Jan uary 16, 1971; and
WHEREAS, it is the desire of the members of this body to recognize this outstanding Georgian for his many outstanding accomplishments and to wish him a "Happy Birthday".

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Now, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby con gratulate Honorable W. M. "Bill" Williams upon the occasion of his 61st birthday and wish for him many happy returns and commend him for his many years of outstanding public service to the people of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable W. M. "Bill" Williams.

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

HB 1. By Messrs. Smith of the 43rd, Busbee of the 61st, Murphy of the 19th, Lambert of the 25th, McCracken of the 36th, Lee of the 61st, Edwards of the 45th, Lee of the 21st, Chandler of the 34th and Melton of the 32nd:
A Bill to be entitled an Act to authorize the Governor as Chief Executive, within constitutional and other limitations, to direct and effectuate the reorganization of any one or more departments, agencies, of the Ex ecutive Branch of State Government, or of any functions thereof; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to authorize the Governor as Chief Executive, within constitutional and other limitations, to direct and effectuate the reorganization of any one or more departments, agencies, commissions, boards 'or bureaus of the Executive Branch of State Government, or of any functions thereof; to provide definitions; to provide criteria for the exercise of such authority; to provide when and under what condi tions such reorganization shall become effective and final; to provide for an expiration date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:
(a) "Agency" means any officer, department, division, bureau, board, commission or agency in the Executive Branch of the State Government.

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165

(b) "Reorganization" means:

(1) the transfer of the whole or any part of any agency or of the whole or any part of the functions or procedures thereof, to,
the jurisdiction and control of any other agency; or

(2) the abolition of all or any part of the functions or pro cedures of any agency; or

(3) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions or procedures thereof, with the whole or any part of any other agency
or the functions or procedures thereof; or

(4) the consolidation or coordination of any part of any agency or the functions or procedures thereof with any other part of the same agency or the functions and procedures thereof; or

(5) the delegation by any nonelective officer of any of his functions or procedures; or

(6) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of a reorganization plan will not have, any functions or procedures; or

(7) the establishment of a new agency to perform the whole or any part of the functions or procedures of an existing agency or agencies.

Section 2. The Governor, as Chief of the Executive Branch of State Government and responsible for its economic and efficient fiscal management, is hereby authorized, acting within and subject to con stitutional limitations and the provisions of this Act, to direct and effectuate the reorganization of, and take all action necessary to re organize, any agencies subject to the following limitations, to-wit:

(a) On or after the effective date of this Act, the Governor shall have the authority to implement any reorganization where the functions reorganized are not established by and placed by statute or the Constitu tion of this State, other than functions within a department administered by a constitutional officer elected by the people.

(b) The Governor shall have the power to propose a reorganization where the functions proposed to be reorganized are established and placed by a statute other than functions within a department admin istered by a constitutional officer elected by the people, which said reorganization will not become effective until ratified by the General Assembly in the manner provided for in Section 4 of this Act.

(c) The Governor shall have the power to propose a reorganization where the functions proposed to be reorganized are within a department administered by a constitutional officer elected by the people which said reorganization will not become effective until ratified by the General

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Assembly in the manner provided for in Section 4 of this Act. However, any plan or plans of reorganization of an agency or function established or placed by the Constitution or statute and administered by a con stitutional officer elected by the people shall be furnished to the constitutional officer or officers affected no later than fifteen (15) days prior to the first day of the next regular or extraordinary session of the General Assembly. If a constitutional officer affected by the proposed reorganization of an agency or function established or placed by the Constitution or statute objects thereto in writing prior to the first day of the regular or extraordinary session of the General Assembly, the proposed reorganization shall be defeated and of no further force and effect.

Section 3. Prior to taking action pursuant to Section 2 of this Act, the Governor shall consider the nature of the duties, powers, authority, functions, procedures, or responsibilities of the agencies to be affected and determine that the reorganization thereof will:

(a) promote economy in the operations of State Government; *
(b) improve efficiency in the management of State Government;

(c) improve services rendered citizens of the State;

(d) simplify and improve preparation of the Governor's budget report;
(e) conserve the natural resources of the State;

(f) promote the orderly growth of the State and its government;

(g) improve the effectiveness of the services performed by the service agencies of the State, including the Bureau of State Planning and Community Affairs, the Supervisor of Purchases, the State Merit System of Personnel Administration, the Department of Audits and Accounts, and the Budget Bureau;

(h) avoid duplication of effort by agencies of State Government; or

(i) improve the organization and coordination of the various agencies of the Executive Branch of State Government in one or more of the foregoing ways.

Section 4.
(a) Whenever a reorganization or reorganizations is or are made by the Governor pursuant to subsection (a) of Section 2 of this Act, he shall submit a copy of said reorganization to the Clerk of the House and the Secretary of the Senate on the first day of the next regular session of the General Assembly.

(b) Whenever a plan or plans of reorganization is or are proposed by the Governor pursuant to subsection (b) or subsection (c) of Section

FRIDAY, JANUARY 15, 1971

167

2 of this Act, he shall submit to the Clerk of the House and the Secretary of the Senate and the constitutional officer or officers if required under Section 2(c) a copy of said plan or plans setting forth the details of said proposed reorganization and the reasons therefor at least fifteen (15) days prior to the first day of the next regular or extraordinary session of the General Assembly. Each said plan or plans of reorganiza tion filed with the Clerk of the House and Secretary of the Senate shall automatically be ratified and approved by the General Assembly unless the same is disapproved by a resolution of the House or the Senate within the first fifteen (15) calendar days of said session or within the length of said session if said session lasts less that fifteen (15) calendar days and shall constitute a repeal of all laws then in conflict with said ratified plan of reorganization.

Section 5. The provisions of this Act shall expire on December 31, 1974, and this Act shall no longer be of any force and effect after that date, except the provisions of Section 4 shall remain in effect until the expiration of the regular session of the General Assembly of 1975, at which time it shall expire.

Section 6. 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 remain 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed, provided, however, that nothing herein contained shall diminish the existing powers of the Governor.

An amendment, offered by Mr. Hill of the 97th, was read and lost.

The following amendment was read and adopted:
Mr. Busbee of the 61st moves to amend the Committee substitute to HB 1 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof the following:
"Section 2. The Governor, as Chief of the Executive Branch of State Government and responsible for its economic and" efficient fiscal management, is hereby authorized, acting within and subject to constitutional limitations and the provisions of this Act, to direct and effectuate the reorganization of, and take all action necessary to reorganize, any agencies subject to the following limitations, to wit:

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(a) On or after the effective date of this Act, the Governor shall have the authority to implement any reorganization where the functions reorganized are not established by and placed by statute or the Constitution of this State.

(b) The Governor shall have the power to propose a reorgan ization where the functions proposed to be reorganized are estab lished and placed by a statute other than functions within a depart ment administered by a constitutional officer elected by the people, which said reorganization will not become effective until ratified by the General Assembly in the manner provided for in Section 4 of this Act.

(c) The Governor shall have the power to propose a reorganiza tion where the functions proposed to be reorganized are established and placed by a statute and are within a department administered by a constitutional officer elected by the people which said re organization will not become effective until ratified by the General Assembly in the manner provided for in Section 4 of this Act. However, any plan or plans of reorganization of an agency or function established or placed by the Constitution or statute and administered by a constitutional officer elected by the people shall be furnished to the constitutional officer or officers affected no later than thirty (30) days prior to the first day of the next regular or extraordinary session of the General Assembly. If a constitutional officer affected by the proposed reorganization of an agency or function established or placed by the Constitution or statute objects thereto in writing within ten (10) days after said plan was delivered to him, any item objected to will be deleted and will not be a part of the proposal submitted to the General Assembly."

An amendment, offered by Mr. Lane of the 101st, was read and lost.

Two amendments, offered by Mr. Bennett of the 71st, were read and lost.

The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend the Committee substitute to HB 1 by adding in Section 4 (b), in Line 11 on page 5 after the word "resolution" the following:
"adopted by the votes of a majority of the members."

An amendment, offered by Mr. Hill of the 97th, was read and lost.

An amendment, offered by Mr. Bennett of the 71st, was read and lost.

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169

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, G. D. Adams, J. Adams, M. Alexander, W. M. Alien Atherton Battle Bell Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib

Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Parrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Granade Granthum Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup

Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K.
Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mullinax Murphy Nessmith Noble Northcutt Nunn Odom

170
Oxford Patten Pearce Peters Phillips, L. L. Pickard Pinkston Poole Potts Rainey Roach Rush Russell, A. B. Russell, W. B. Salem

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Savage Scarborough Shanahan Shepherd
Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Snow Sorrells Sweat Thomason Toles
Townsend

Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Bennett, J. T. Bennett, T. Collins, M.

Lane, W. J. McDonald
Reaves

Russell, H. P. Stephens

Those not voting were Messrs.:

Alexander, W. H. Barfield Black Brown, C. P. Conger Daugherty Ezzard

Floyd, J. H. Fraser Horton Larsen, W. W. Lowrey Matthews, D. R. Mulherin

Patterson Phillips, G. S.
Phillips, W. R. Ross Strickland Thompson

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 8.

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

Mr. Busbee of the 61st asked unanimous consent that HB 1, by substitute, as amended, be ordered immediately transmitted to the Senate.

The consent was granted.

Messrs. Alexander of the 108th, Brown of the 81st and Mulherin of the 78th stated that because of mechanical failure, their votes did not record and they wished to vote "aye" on the passage of HB 1, by substitute, as amended.

FRIDAY, JANUARY 15, 1971

171

Messrs. McDonald of the 15th and Bennett of the 81st stated that they had inadvertantly voted "nay" but intended to vote "aye" on the passage of HB 1, by substitute, as amended.

The following Resolution of the House was read:

By Messrs. Brown of the 110th, Hill of the 94th, Thompson of the 85th, Shepherd of the 107th, Bond of the lllth, Alexander of the 108th, Mrs. Hamilton of the 112th, Messrs. Blackshear of the 96th, Dean of the 79th, Hood of the 99th and Daughtery of the 109th:
A RESOLUTION
Relative to the observance of Martin Luther King, Jr.'s birthday; and for other purposes.
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 Geor gia; 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. Blackshear of the 96th arose to a point of personal privilege and ad dressed the House.
The hour of convening the Joint Session under the provisions of HR 31 having arrived, the Senate appeared upon the floor of the House.
The Joint Session was called to order by the President of the Senate.
HR 31, calling a Joint Session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor, was read.

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

Lieutenant Governor Lester G. Maddox presented Governor Jimmy Carter, who delivered the following address:
BUDGET MESSAGE TO THE GENERAL ASSEMBLY
Yesterday I spoke to you in more general terms about my objectives over the next four years. Today, I want to discuss the financing of State Government during the coming biennium.
This budget has been under development for well over six months, and because I could not begin work as Governor-Elect until November, I have found it necessary to devote most of my time since then to a de tailed study of the budget proposals.
NEED FOR IMPROVED FINANCIAL CONTROLS
Now I am more convinced than ever of the acute need for improved planning and control over State spending.
The biennial budget document should provide fundamental control and should at the same time explain present and future State programs. It is clear to me, however, that certain longstanding practices in State Government tend to impair the effectiveness of our budgetary tools.
For example, evaluation and control of proposed spending are made extremely difficult by the fragmentation of important State pro grams among several agencies. Another handicap to sound budgeting is the practice of treating the previous year's appropriations as a fixed base upon which new funds are added.
Therefore, one of my goals as Governor will be to make the budgetmaking process more effective and understandable. I will have more to say on this important matter later in this message.
REVIEW OF STATE'S FINANCIAL OUTLOOK
Before we proceed, let us first review some of the basic facts about our State finances.
For a number of years we have been able to expand State services at a satisfactory rate without an overall tax increase. Total State ex penditures have increased during the past five years at an average an nual rate of 14%, reaching a peak this year with spending exceeding that of last year by 19%.
These have been necessary responses to inflationary pressures in our economy, the need to improve services for growing populations, and soaring health and welfare costs.

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173

This extra money has come from Georgia's healthy economic growth during this period, averaging 11% a year, from various onetime tax windfalls; and the balance from surplus funds.
Due to the slowdown in our national economy, State revenues are increasing only 7% this fiscal year, compared to 14% during fiscal 1970.
This year's unfortunate combination of a sharp downturn in the growth rate of State revenues and a peak increase in spending has re sulted in a revenue gap in State finances: 1971 appropriations will ex ceed estimated revenues by more than $70 million, reducing the yearend surplus to approximately $30 million (the lowest in over a decade), and also establishing a high rate of spending which has a profound in fluence on future years.
The real impact of this financial squeeze will not be felt until fiscal 1972 when the rate of State revenue growth, while improving, will con tinue to be somewhat sluggish, and we will no longer be able to rely on accumulated surplus for any substantial financing of State programs.
The following chart shows in a simplified manner these basic facts concerning our State's financial outlook.

FINANCIAL HIGHLIGHTS (In Millions)

1971 INCREASE IN SPENDING

1972 FUNDS AVAILABLE FOR INCREASE IN SPENDING
$77

,

FROM

V

SURPLUS *

$ 30 |:j

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Note that of the $177 million increase in spending during fiscal 1971, only $104 million conies from current growth in revenues; the re maining $73 million is a reduction of surplus funds.

By 1972, by spending all surplus funds, we have available for in creased spending only $77 million--hardly enough to support State programs at the most basic level.

For 1972, we must either cut State services or find new sources of revenue. I recommend some of both.

SUMMARY OF 1972 BUDGET PROPOSALS
When I began my review of budget requests by the various State agencies, I found that a startling increase of over $550 million had been requested for 1972 alone. Compare this to the $77 million available.
After many frustrating hours of review, analysis and decision-mak ing, we have achieved a net reduction of over $400 million in these re quests -- not because they lacked merit, but because we simply cannot afford them.
It has been necessary for me to establish extremely rigid personnel controls and to freeze or reduce the number of administrative personnel wherever possible. I have consulted with the affected department heads to insure that my recommendations are adequate and reflect proper priority.
Despite the need to restrain new spending, there are some areas in which improved State services are essential if we are to keep Georgia moving ahead.
Such programs for 1972 are new elementary and vocational educa tion programs, pollution control, improved university and public school facilities, and additional aid to local governments.
The net effect of holding or cutting back most programs, strength ening those that represent valuable investments in the future, and fi nancing inevitable increases, is a proposed 1972 budget requiring addi tional spending of $155 million -- $22 million less than last year's in crease. The reduction is a reflection of my efforts to bring under con trol the growing rate of State spending.
Excluding new highway funds, I therefore propose to the General Assembly a total appropriation of $1.253 billion for the 1972 fiscal year.

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FINANCIAL HIGHLIGHTS

(In Millions)

SPENDING INCREASE TREND

1970

1971

1972

$177

$155

I would like now to review some of the more significant features of my proposals.
PROPOSED 1972 BUDGET
Let us first take a look at increased spending recommendations in major programs.
It is obvious from this chart (page 176) that more State tax money will go to local communities to permit lower property taxes, and less will remain in the administrative agencies of State Government.
I have placed major emphasis on Education, on Natural Environ ment, and on assistance to local governments. The increases in Health and in Social Development do not represent basic shifts in program em phasis but are due to increasing costs of present programs and greater State assistance to local governments in these areas. I am pleased to re port that spending for most of the remaining programs has been held at the current level.

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PROPOSED 1972 BUDGET ANALYSIS Of INCREASES

MAJOR PROGRAM

AMOUNT (MILLIONS)

EDUCATION AND INTELLECTUAL ENRICHMENT NATURAL ENVIRONMENT PHYSICAL AND MENTAL HEALTH SOCIAL DEVELOPMENT GRANTS TO COUNTIES GRANTS TO CITIES TRANSPORTATION AND COMMUNICATION OTHER MAJOR PROGRAMS (NET)

INCREASE OVER 1971 PERCENT Of TOTAL INCREASE

Let us move now to a more detailed review of these programs:
EDUCATION AND INTELLECTUAL ENRICHMENT
As I have indicated many times previously, I believe in good in vestments for the future. Therefore, to establish and maintain the highest standards of quality in public education in Georgia I am recom mending a $59 million increase in the 1972 Education appropriation:
First, I propose that we spend $4 million to initiate a full term, Statewide kindergarten program within the public school system. This is the first step of a plan that will provide a complete kindergarten program by 1977, and will cost the State about $74 million annually once it is fully operational.
We are now coming to grips with the problems of retarded children in Georgia, and to comply with a new Georgia law, I am proposing $4 million to provide 600 additional special education teachers.
Also, in accordance with my pledge to reduce the school dropout rate by helping students who have difficulty learning to read and write, I am recommending that we provide $3 million to hire 500 reading teach ers to work with these children and their teachers.

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177

EDUCATION AND INTELLECTUAL ENRICHMENT

STATE KINDERGARTEN PROGRAM SPECIAL EDUCATION TEACHERS READING TEACHERS SALARY INCREASES NEW FACILITIES OTHER INCREASED COSTS (NET)

RECOMMENDED INCREASES (Millions)
$4 4 3
26 11 11 $59

Other recommendations include:
--$26 million to provide average salary increases of approximately
$500 per year for all public school teachers and personnel of the University System.
--$11 million for construction of new facilities, including 10 new vocational high schools and other projects in our University and public school systems.
A net increase of approximately $11 million is needed just to meet the requirements of increased student enrollment in our vocational schools, colleges, and universities.
NATURAL ENVIRONMENT
I have promised to marshall the efforts of citizens, industry and all levels of government to prevent pollution and to protect our environ ment. I am proposing that we add 60% more funds in support of the State's Natural Environment Program. Almost $9 million of this will go directly to local governments as matching funds to provide a total of $87 million in local, State, and Federal funds for sewage disposal facilities.
Two million dollars is proposed for purchasing three new parks and for further development of existing parks.

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PHYSICAL AND MENTAL HEALTH

Turning now to the Physical and Mental Health Program, $19 mil lion of the $25 million increase will go to meet the spiraling cost of Medicaid.

PHYSICAL AND MENTAL HEALTH

MEDICAID ADDITIONAL COUNTY HEALTH SERVICES MENTAL HEALTH MISCELLANEOUS ADMINISTRATIVE DECREASES

RECOMMENDED
INCREASES (Millions)
$ 19 3 4 -1

Three million dollars is needed for additional grants to counties for improved health services at the local level.
For mental health, I am recommending an increase of $4 million to staff the regional mental health hospitals and the Georgia Retarda tion Center.
SOCIAL DEVELOPMENT
Regarding the State's Social Development Program, we know that a major change, in the welfare system is urgently needed. A number of new approaches have been proposed in Congress, but in the meantime, State welfare costs continue to rise.
We face an increase of $19 million during fiscal 1972 simply to pro vide for inflation and growth in the present program.
For the future, I plan to join our sister states in working towards a shift of the burden of these rapidly increasing costs to the Federal Government.

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179

GRANTS TO COUNTIES

To meet commitments already made by the General Assembly, I am recommending $14 million for grants to Georgia counties to cover exist ing local welfare costs.

GRANTS TO CITIES
In order to match the new grants to counties under the welfare program, $14 million in new grants is recommended for cities, to be allocated on the basis of population.

TRANSPORTATION AND COMMUNICATIONS
Of the $10 million increase slated for the State's Transportation and Communications Program, $9 million represents this year's in creased motor fuel tax collections which automatically go to the State Highway Department.
Also, I am recommending $1 million in matching funds to provide $4 million for building and improving airports around the State during the coming year.

SUMMARY
These have been the highlights of my budget recommendation for 1972. As you may have noted, I have talked about programs and ac tivities, and not about specific State agencies. My own review of the budget was made in this manner, and this approach helped me under stand the objectives of programs and how we plan to carry them out.

INCREASED FUNDS FOR SCHOOL SYSTEMS AND AID TO LOCAL GOVERNMENT
Before moving on to my revenue and tax proposals, I would like to discuss increased funds for local school systems and additional grants to local governments.
In total, new funds for local school systems amount to $39 million.
I am proposing that we provide as additional aid to counties wel fare grants of $14 million and health grants of $3 million.
Also counting additional grants to cities of $14 million, water pollu tion control grants of $9 million and airport development grants of $1 million, I am recommending a total of $80 million in increased aid to local governments and in additional funds for local school systems.
This package of grants to local governments will permit them to make substantial reductions in property taxes.

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INCREASED FUNDS FOR SCHOOL SYSTEMS AND AID TO LOCAL GOVERNMENTS (In Millions)

LOCAL SCHOOL SYSTEMS

SALARY INCREASES

S 18

GRANTS FOR CAPITAL CONSTRUCTION

7

MAINTENANCE AND OPERATIONS

3

NEW PROGRAMS

11

S 39

AID TO COUNTIES WELFARE GRANTS HEALTH GRANTS

S 14

3

17

GRANTS TO CITIES

14

WATER POLLUTION CONTROL GRANTS

9

AIRPORT DEVELOPMENT GRANTS

1

S80

REVENUE PROPOSALS
Revenue estimates for 1972-73 are based on a resumption of eco nomic expansion, both nationally and in the State of Georgia, but at a more moderate level than in the late '60s. As shown by the following graph, we predict an increase in revenues from present tax sources of 12% in 1972 and 13% in 1973. This compares with a 14% increase in fiscal 1970 and a projected increase of only 8% for 1971.
SUMMARY OF RECOMMENDED TAX REVISIONS
We need an annual increase of only $68 million in new revenues to meet all the needs of the State as described thus far in this budget pro posal. My recommendations to achieve this increase are part of a com plete tax revision program.
In summary, I am recommending:
broader sales tax that will eliminate several special exemptions;

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181

--revisions to our State income tax to bring our laws closer in line with Federal tax laws and thereby eliminate certain tax advant ages enjoyed by a limited number of taxpayers; and

--an increase in cigarette tax of two cents per package.

INCREASE 18 . .

ANNUAL PERCENTAGE INCREASE IN STATE REVENUE, 1967-1973

YEAR 1967 1968 1969 1970

1972 1973
_. -- .. ESTIMATE

NEW REVENUE PROPOSALS WILL HELP EQUALIZE TAX BURDEN
These proposals tend to equalize the tax burden on the people of Georgia according to their ability to pay.
At the present time, the poor working people of our State are pay ing a much higher percentage of their income in State and local taxes than people in the middle and upper income groups.
My proposals will bring about more equal taxation, in that the changes mostly affect the middle and upper income groups. For once, the poor working man is the least affected.

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SHIFT FROM PROPERTY TAX

Local ad valorem taxes have increased more rapidly in recent years than at any time in our history, mostly caused by State created pro grams. I intend to reverse this trend.

The quickest way to provide property tax relief is for the State to provide grants to local governments and to pay for certain services now financed by the ad valorem taxpayer. As previously mentioned, a signifi cant portion of the new State revenue will be used for this purpose.

CONTINUED POTENTIAL FOR ECONOMIC DEVELOPMENT
In addition to questions of fairness to taxpayers, the effect of a revenue program on the State's long-range economic development must be considered. To implement a tax plan that would discourage economic growth would simply mean a reduction in the future amount of revenue available.
Even with the new additions, the total tax burden in Georgia will continue to be below the average of the other Southeastern states and considerably below the national average.
Summing up, the revenue program I recommend to you will estab lish for the first time in Georgia a most equitable system for local and state taxation; it will signal a shift from the property tax to a broader State tax program; and at the same time it will provide continued po tential for economic development in our State.

SPECIFICS OF NEW TAX PROPOSALS
I indicated earlier that a total of $68 million annually in new State revenues will be required to fund my budget recommendations for fiscal 1972.
ELIMINATE SALES TAX EXEMPTIONS
Specifically, I recommend that sales tax exemptions be eliminated as follows:
Elimination of these special sales tax exemptions will produce ap proximately $17 million in additional revenue in 1972.

TIE INCOME TAX INTO FEDERAL LAW
I also recommend that we revise our personal income tax law.
First, I recommend that we adopt the Federal personal exemption amount, but that we allow a tax credit to avoid taxing the low income people we do not now tax.

FRIDAY, JANUARY 15, 1971

183

ELIMINATE SALES TAX EXEMPTIONS

CATEGORY
1. MACHINERY FOR NEW OR EXPANDED INDUSTRY AND FARMS
2. FARM TRACTORS, ETC. 3. RENTAL OF MOTION PICTURE FILM 4. INDUSTRIAL MATERIALS 5. SALES OF HATER 6. FUELS AND SUPPLIES FOR SHIPS

ESTIMATED REVENUES (Millions)
$ 6.0
1.5 .5 4.7
4.0 .3
$ 17.0

Second, I propose that we adopt the Federal approach in taxing the family with two incomes at the same rate as the family with one income.
Under these revisions our income tax rates will remain the same for all taxpayers. The maximum will still be 6%.
This new income tax law will greatly simplify the preparation of Georgia income tax returns. The vast majority of taxpayers will only need to take their Federal taxable income and then make one or two minor adjustments to determine their Georgia taxable income.
SIGNIFICANT ADMINISTRATIVE ADVANTAGES
There are a number of administrative advantages in the new income tax law:
--By eliminating separate filing for married people we will re duce the number of tax returns by approximately 250,000.
--We will reduce the administrative costs of the Revenue Depart ment by at least $500,000.
--We will provide an efficient cross-reference of State and Federal returns to reduce tax evasion.

184

JOURNAL OF THE HOUSE,

--A more complete audit program will increase revenue collections.

--It will make possible the use of a very short, simple form.

These proposed revisions to the State's income tax law will provide annually an estimated additional revenue of $42 million.

INCREASE CIGARETTE TAX 2c PACKAGE

I further recommend an increase in cigarette tax by two cents per package to produce an additional $9 million.

By making the income tax changes effective April 1, 1971, the necessary total of $78 million will be made available for funding the 1972 budget.

AGREEMENT WITH TAX INCREASE ON GASOLINE

Finally, the State Highway Department has requested a tax in crease of two cents per gallon on gasoline to provide funds for maintain ing and expanding our State's system of roads, highways, and bridges.

During the last decade, the number of motor vehicles registered in our State has increased 67%. This has put a great strain on our high way system.

Our Georgia highway system cost the taxpayers approximately two billion dollars. To protect our investment, proper maintenance must be provided. Forty per cent of the new highway funds will be used for this essential purpose.

Our interstate highway must be supported by a modern primary road system. Certain critical portions of this system must be fourlaned. Federal funds are not presently available for this purpose. We cannot accept any delay. A portion of the new funds will also be used for this purpose. No federal funds will be lost.

The particular needs of our urban communities must be met. An urban bond program will be funded with the remaining portion of these
funds.

I strongly concur with this proposal and recommend passage of legislation to provide for this special need.

MANAGEMENT IMPROVEMENT AND REORGANIZATION
IMPROVED FINANCIAL PLANNING
Earlier in this message I noted a sense of frustration when con fronted with the need for examining proposed State expenditures in a systematic and comprehensive manner.

You are now faced with the same task.

FRIDAY, JANUARY 15, 1971

185

This is the second billion-dollar budget in our State's history. The complexity of planning the financial affairs of our State has become staggering. To assure that taxpayers are getting their money's worth, we must adopt improved business techniques to make the budgeting process more effective and understandable.

No longer can we take for granted the existing base budget and simply be responsible for reviewing proposed increases to continue these programs and add new ones. My immediate objective will be to adopt a "zero base" budget for all agencies and areas of State Government. I will insist that the entire range of State services be re-examined and will cut back or eliminate established programs if they are judged to be ineffective or of low priority.

Neither can we continue to look at programs and their cost on a year-to-year basis, avoiding the realities of future years. We must devise a system that will require disclosure of the future price tag of programs when they are considered for enactment.

The Biennial Development Program authorized by the General Assembly last year is an initial step in the effort to improve our State planning and budgeting processes, and I intend to expand and accelerate this program.

In summary, we must complete the adoption of a program-oriented budgeting system that will allow the Legislature and the Governor thoroughly to understand the purpose, objectives, and methods of State programs, so that we can properly evaluate the cost and effectiveness of past and proposed accomplishments.

EFFICIENCY AND ECONOMY
I will also use every means possible to achieve efficiency and eliminate waste in the conduct of State Government.
A few of the projects that have been tentatively selected for in clusion in a management improvement program are:
--Improved money management practices to raise the level of State income from investment.
--Improved purchasing practices to realize the economies of largescale purchasing and provide better service to other agencies.
--Feasibility of central administration for the planning, procure ment, storage, and distribution of foodstuffs, supplies and equip ment for certain State agencies and institutions.
--Increased use by State agencies of the Records Management facilities already provided by the Secretary of State. This alone may save $10 million per year.
--More effective and efficient utilization of the data processing resources of the State. We are now spending more than $12

186

JOURNAL OF THE HOUSE,

million annually on electronic data processing services, excluding depreciation costs associated with $14 million worth of purchased equipment.

Success in attaining goals of efficiency and economy will mean that we can continue to move forward with expanded programs and urgently needed services in Georgia without additional tax increases.

IMPROVEMENT THROUGH REORGANIZATION
I recommend that you join me in another important way to improve efficiency in the operation of our State Government by approving the reorganization bill already submitted to you.
Perhaps the greatest single deterrent to effective and efficient State Government in Georgia is the patchwork organization of more than 200 agencies and other units that we now have. Responsibilities for carrying out important State programs are often scattered among several of these.
During the coming year we will give careful consideration to the structure of the executive branch. We will reorganize from the bottom up, based on programs and services, and not simply at the top into superagencies.
Our ultimate goal is to develop a flexible organization more respon sive to the needs of the people of Georgia and to provide them the great est possible level of services within the limits of the taxes they pay.

AUSTERITY BUDGET REQUIRED IF REVENUE PROPOSALS NOT APPROVED
Unlike the Federal Government, our State cannot spend in any one year more than it has in available revenues and accumulated surplus. In my proposed budget, recommended appropriations for fiscal 1972 exceed available resources by $78 million.
Therefore, should the General Assembly fail to approve the rec ommended tax revision program, we will have no alternative but to eliminate services accordingly.
We have already made maximum cuts in administrative areas and in lower priority programs.
Any additional reductions must necessarily come from the pro grams that represent direct investments in the future of all Georgians-- investments that will pay rich and tangible dividends.
Failure to approve the revenue proposals would mean--
--Continued high ad valorem taxes for Georgia property owners;

FRIDAY, JANUARY 15, 1971

187

--No equalization of the tax burden on the people of Georgia; and an

--Inability by State Government to carry out present Georgia law exempting counties from welfare programs and providing for education of exceptional children.

We would have to discard all plans for improvement and progress so badly needed in our educational program, including statewide kinder gartens, remedial reading assistance, salary increases for our educators, and all new facilities for our public schools and University System.

We would not be able to provide the additional health grants to Georgia counties to be used in improving local health services.

Finally, it would be necessary to abandon plans for providing badly needed assistance to Georgia cities.

In short, if revenue measures sufficient to cover my proposed budget are not approved, we will have no choice but to follow an extreme austerity plan for the coming year, cutting programs so essential to the progress of the State and the welfare of its citizens, that I am certain the harmful effects will be felt by us for years to come.

CONCLUSION
In conclusion, I want to re-emphasize that these budget proposals represent just the beginning of vigorous efforts to pursue efficiency and economy in government in all areas.
In the coming months we must take steps to improve our budgeting procedures and to assure that all affairs of State Government are per formed in a businesslike and efficient manner.
We must also move forward with plans for reorganizing State Government to insure better management and utilization of our tax payers' resources.
Our hope is that through the attainment of these goals, we can bring the apparently inevitable increases in State spending under con trol and them concentrate our efforts on strengthening the areas of highest need and with the greatest promise for meeting future chal lenges which we must face together.

APPENDIX TO BUDGET MESSAGE



PREFACE



The following schedules reflect the amounts of dollar and percentage changes between F. Y. 1971 and F. Y. 1972 to the |>

activities, programs, and categories which comprise major State Programs. The schedules compare the State General Fund t"1

Appropriations for F. Y. 1971 and the Governor's recommendations for State General Fund Appropriations for F. Y. 1972. O

Amounts are rounded to the nearest thousand. The proposed supplemental appropriation for F. Y. 1971 is not included ^

in the F. Y. 1971 amounts used in the comparisons.

H

W fe)

HMM
O cj
CO

MAJOR PROGRAM ACTIVITY SUMMARY

Categories Programs
___Activities____

1. Education and Intellectual Enrichment

[Thousands of Dollars)

Page in

Budget

Agency Responsible for Activity

Document

Fiscal Year

1971

1972

AB

A. Public School Instruction

1. Early Childhood Education (New) (a) Teacher Education and Certification (b) Local School Administration (c) General Academic (d) Transportation (e) Textbooks and Instructional Mateerriials

Department of Education Department of Education Department of Education Department of Education Department of Education

26 474

28 474

-0-

29 474

-0-

29 474

-0-

29 474

-0-

29 474

-0-

Total (1)

2. Elementary and Secondary Education

31 476

(a) Pupil Personnel

Department of Education

49

689

(b) Special Education

Department of Education

49 476

17,052

(c) Vocational Education

Department of Education

51 479

3,384"

(d) General Academic

Department of Education

53 480

283,546"

(e) Transportation

Depar ment of Education

54 480

16,114

(f) School Plant Services

Depar ment of Education

54 482

24,256

(g) School Food Services

Depar ment of Education

55

3,543

(h) Compensatory Education

Depar ment of Education

55

0) Textbooks and Materials

Depar ment of Education

55

7,251

(j) Local School Administration

Depar ment of Education

56 480

41,494

(k) Reading Instruction (New)

Depar ment of Education

58 477

Total (2)

397.329

"Salaries of MFPE Vocational High School Teachers are not allocated in FY 1971 Amounts from Genera! Academ c to Vocational Education.

3. Adult Education

62 480

(a) Civil Defense

Department of Education

66

(b) General Academic

Department of Education

66

245

(c) Vocational Education

Department of Education

66 480

11,619

(d) Alto Education and Evaluation Center

Department of Education

68 481

505

Total (3)

12.369

Total (A)

409,698

B. University Instruction and Research

1. University Instruction and Research

96

(a) Resident Instruction

Board of Regents

103 483

139,844

(b) Grants to Junior Colleges

Board of Regents

106

1.500

(c) Eugene Talmadge Memorial Hospital

Board of Regents

106 483

7.770

Total (1)

149,114

2. Continuing Education

Board of Regents

110

(a) Technical Services (Discontinued)

Board of Regents

114

317

250 417 3.244 247
65 4,323
691 22,638 13,461 285.968 16,960 29.351
3.522
7.051 44,567
3.227 427,436
229 13,228
585 14.042 445,801
161,273 2.132 8.612
172,017
0-

Change

Amount

%

250 417 3,244 247
65 4,323
2 5,586 10.077 2,422
846 5,095
(211
(200) 3,073 3.227 30,107

New New New New New New
*
33 298

5 21
*
(3) 7 New 8

(16)

(6)

1,609

14

___80

16

1.673

13

36,103

21.429 632
. 842. 22,903
(317)

15 42 11 15
(discontinued)

Less than 1%. 00 CO

MAJOR PROGRAM ACTIVITY SUMMARY

Categories Programs Activities

1. Education and Intellectual Enrichment (Cont.)

(Thousands of Dollars)

Page in

Budget

Agency Responsible for Activity

Document

(b) Continuing Education Center

Board of Regents

(cf Urban Life Extension Center

Board of Regents

(d} Rural Development Center

Board of Regents

Total (2)

Total (8}

C. Educational Services

1. Technica! Support for Local School Sy'stems

(a) Statewide Leadership

Department of Education

(b) Financial Services

Department of Education

(c) Teacher Education and Certification

Department of Education

(d) Educational Television

Department of Education

Total (1)

2. Support to Educational Programs

(3) Georgia Educational Improvi it Council Georgia Educational Improvement Council

Total (C)

D. Student Aid

1. Loan Program

(a) Georgia Higher Education Assistancee Corp. Georgia Higher Education Assistance Committee

(b} Georgia Higher Education Assistanncee Authy. Georgia Higher Education Assistance Committee

Total (1)

2. Scholarship Program

(a) State Scholarship Commission

State Scholarship Commission

(fa) State Medical Scholarships

Medical Education Board

tc) Teacher Scholarships

Department of Education

(d) Regents Scholarships

Board of Regents

(e) Graduate Education

Board of Regents

(f) in-Service Grants

Department of Education

Total (2)

Total (D)

E. Culture and History

1. Cultural Enrichment

AB 112 484 115 484 117 485
69 71 71 72 72
140
146 146
148 153 74 109 109 74

(a) Project Radius Teacher Enrichment

Art Commission

156

(b) Promotion and Assistance to The Arts

Art Commission

158

(c) Public Library Service

Department of Education

75

Total (1)

<o o

Fiscal Year

1971

1972

Change

Amount

%'

1,392 162 216
2.087 151,201

1,433
387 344
_3JJ64_ 174,181

431 163 379 __3J94_ 4,167
125 4,292

428 168 377 _2-8!XL 3,773
140 3,913

41 225 128
77 22,980
(3) 5 (21
(394)
15 (379)

3 139
60 ___4_
15

C) 3 C) __L1.2I

e-i
Odw

(9) ^t~i
12

(9)

o

835 200 1,035
1,119 222 900 200 100 49JJ_
. 3.031 4,066

707 239 946
1,221 274 900 200 75 490
.3.160 4,106

(128) 39 (89)
102 52
(25)
129 40

(15)

H

20

B

(9)

H

9

E

23

O

d

CO

(25)

H

4

28 61 3.449 3,538

45 64 3.S52 3,661

17

61

3

5

103

___3_

123

3

Categories Programs Activities____
2. Historical Preservation (a) Preservation of Historical Sites (b) National Bicentennial Celebration (New) (c) Agrirama Total (2)
Total (E) F. Major Program Support
1. General Administration and Support (a) Office of Department Staff Services (b) Office of State Superintendent (c) Regents Central Office (d) Teachers Retirement (d) Public School Employees Retirement
total (F)
TOTAL MAJOR PROGRAM

MAJOR PROGRAM ACTIVITY SUMMARY

--I.--E--d--uc--a--tio--n(aTnhdouIsnatnedllseoctfubaol llEanrsr)i--ch--m--en--t --(C--o|n--t.)--

Agency Responsible for Activity

Page in Budget Document
A. B

Historical Commission Historical Commission Board of Regents

160 161 120 485

Department of Education Department of Education Board of Regents Teachers Retirement System Employees Retirement System

139-b 488 163 166

Fiscal Year

1971

1972

Change

Amount

%*

525 -0-
4,163
1.495
346 528
347
2.501
5,217
578,636

535 30
-361 .. 926 4,587
1.574
1,314 843 -0-
2.451 6,182
638,770

10 30
__26L

424

10

79 968 315 (347) <50I
60,134

5

280

b

60

t>

(100)

18

10

MAJOR PROGRAM ACTIVITY SUMMARY

Categories Programs Activities

II. Physical and Mental Health

(Thousands of Dollars)

Page in

Budget

Agency Responsible for Activity

Document

A. Physical Health

1. Medical Care Administration

(a) Program Administration

Department of Public Health

(b) Medical Assistance (Medtcaid)

Department of Public Health

(c) Medical Assistance (Crippled Children

Department of Public Health

and Cancer Control)

(d) Resource Development and Quality Control Department of Public Health

Total (1)

2. Health Surveillance and Disease Control

(a) Program Administration

Department of Public Health

(b) Dental Hearth

Department of Public Health

(c) Maternal and Child Health

Department of Public Health

(d) Maternity Home Care

Department of Family and Children Services

(e) Preventable Disease Control

Department of Public Health

(f) Batty State Hospital

Department of Public Health

Total (2)

3. Community Health Services and Facilities

(a) Assistance to County Health Services

Department of Public Health

(b) Health Facilities Construction

Department of Public Health

Total (3)

4, Environmental Health

(a) Program Administration

Department of Public Health

(b) Sanitation

Department of Public Health

Total (4)

5. Occupational Health and Safety

(a) Enforcement of Safety, Health, and

Minimum Wage Laws

Dept. of Labor - Inspection Division

(b) Occupational Health

Department of Public Health

Total (5)

Total (A)

B. Mental Health

1. Mental Hearth

(a) Program Administration and

Department of Public Health

Community Mental Health Services

(b) Central State Hospital

Department of Public Health

(c) Georgia Regional Hospital at Atlanta

Department of Public Health

(d) Georgia Regional Hospital at Augusta

Department of Public Health

AB
169 171 171 171 171
177 175 176 239 176 176
178 491 178
184 184
203 184
199
191 196 197

CD [O

Fiscal Year

1971

1972

Change

Amount

%

83 24,314
2,000 "7
26,514
37 144 418 142 3,151 3,571 7,463
7,623 1.800 9.423
76 859 935
370 578 948 45.283

8 50,992
2.110 417
53.607
41 150 426 218 3,097 3456 7,388
11,797 1.SOO
13,299
79 955 1,034
405 585 990 76,318

5 26,678
110 300 27,093
4 6 8 76 (54) (115) (75)
4,176 13001
3,876
3 96 99
35 7
42 31,035

6 110

6

256

102

CH

O

11

cj

4

W

2

54 (2)

tja.
r1

___131 (1)

o

^

55 1171

41

TM

4
n 11

ow

t/2
JS
10
__j_
___4
69

680

795

115

17

35,925

35.552

(373)

(1)

6,071

6,336

265

4

4,428

4,915

487

11

Categories Programs Activities_____
(e) Georgia Regional Hospital at Savamnnah (f) Gracewood State School and Hospital (g) Southwestern State Hospital (h) Northwest Georgia Regional Hosplital (i) West Central Georgia Regional Ho>ssppiittaal (j) Georgia Retardation Center (k) Georgia Mental Health Institute (I) Child Welfare, Psychological and
Psychiatric Care Total (B) C. Major Program Support 1. General Administration and Support
(a) General Administration Total (C)
TOTAL MAJOR PROGRAM

MAJOR PROGRAM ACTIVITY SUMMARY

II. Physical and Mental Health (Cont.)

(Thousands of Dollars)

Page in

Budget

Agency Responsible for Activity

Document

Department of Public Health Department of Public Health Department of Public Health Department of Public Health Department of Public Health Department of Public Health Department of Public Health Department of Family and Children Services

AB
198 192 193 200 199 195

Department of Public Health

201

Fiscal Year

1971

1972

3,660 10.354
5.614 1.009
765 7.391 6,721
50 82.668

4.152 9.490 5,841
854 724 10,176 7,146
100 86.081

3.769 3,769
131.721

4.034 4.034
166,433

Change

Amount

%*

492

13

(864)

(8)

227

4

(155)

(15)

(41)

(5)

2,785

38

425

6

3,413

265

265

7

33,713

26

MAJOR PROGRAM ACTIVITY SUMMARY

Categories Programs Activitie

III. Transportation and Communication (Does not include proposed $50,000,000 Tax Program)

(Thousands of Dollars)

Page in

Agency Responsible for Activity

Budget Document

Fiscal Year

1971

1972

Change

Amount

%*

A. Transportation 1. Highways (a) Planning and Construction (b) Maintenance and Betterments (c) Authority Lease Rentals (d) Facilities and Equipment Acquisition (e) Assistance to Counties (f) Assistance to Municipalities Total (1) 2. Urban Transportation Systems (al Mass Transit 3. Inter-Modal Transfer Facilities (a) Aviation (b) Airport Development (c) Port Facilities Total (3) 4. Common Carriers Total 5. Major Program Support 1. General Administration and Supportt (a) Administration (b) Administration Total (5)
TOTAL MAJOR PROGRAM

Highway Department Highway Department Highway Department Highway Department Highway Department Highway Department
Department of Industry and Trade
Department of Industry and Trade Highway Department Department of Industry and Trade
Public Service Commission
Highway Department Public Service Commission

AB
207 207 207 207 211 212
270
269 213 270
-217
210 219

78.455 36,680 19,900 3,500 9,317 9.317 157,169
46
66 140 2.000
270
6,395 320
6.715
166,405

79.684 41,013 21,740
4.000 9,317 9.317 165,071
190
123 976 2.000 ,_3J>9JL 292

1,229 4,333 1.840
500 -0-
___.Q7.902
144
57 836
_____.Q.
893 22

7.246 322
7,568
176,220

851 ____2
853
9,814

2 12 9
14

5

O
d

313 86

p>

597

F

41

O"

8

wH

13

*

13

w

0

6

w

M

Categories Programs Activities
A. Dependent Care
1. Ameliorating Problems of the Aged (a) Commission on Aging (b) Aid to the Aged (c} Care of Confederate Widows
Total (11
2. Ameliorating Problems of Children (a) AFDC Foster Care (b) Child Welfare Foster Care (c) Return of Runaway Children (d) AFDC Non Profit Institutional Foste!r Care (e) AFDC Foster Care for Delinquent and Predelinquent Children (f| Child Welfare Foster Care for Delinqujent and Predelinquent Children (g! Child Welfare Non Profit Institutionall Foster Care (hj Emergency Shelter Care
Total (2)
3. Income Maintenance (a) Workmen's Compensation (b) Unemployment Insurance (c) USDA Food Distribution (d) AFDC Basic Money Payment (e) Aid to the Disabled (f) Aid to the Blind
Total (3)
B. Veterans
1. Veterans Service (a) Veterans Assistance (b) Veterans Health Care (c) War Veterans Nursing Home
Total ()

MAJOR PROGRAM ACTIVITY SUMMARY

IV. Social Development (Thousands of Dollars)
Agency Responsible for Activity

Page in Budget Document
AB

Commission on Aging Family and Children Services Family and Children Services

219 228 492 229

Family and Children Services Family and Children Services Family and Children Services Family and Children Services
Family and Children Services
Family and Children Services Family and Children Services Family and Children Services

237 493 238 493 239 237 493
237
238 238 239 493

Workmen's Compensation Board Department of Labor ESA Department of Education Family and Children Services Family and Children Services Family and Children Services

249 260
78 237 492 229 492 229 492

Department of Veterans Service-Board

256

Department of Veterans Service-Board

256

Board of Regents

123

Fiscal Year

1971

1972

Change

Amount

%

601 11,193
45 11,839
291 1,446
1 62
0-
-0-0-0-
1,800
759 -0-
96 16,561 5,433
511 23,360

742 15,829
25 16,596
395 2,282
1 63
-0-
-0-0-
32 2,773
762 -0-
97 31,706
7,850 721
41,136

141 4,636
(20)
4,757

24 41 J44)
40

36,104

36

836

58

o

1

2

-0-

-0-

0-

-0-

0-

-0-

32

100

973

54

3

*

-0-

0-

1

1

15,145

91

2,417

45

210

41

17,776

76

1,357 2,073
-0-
3,430

1,432 1,901 0-
3,333

75

6

(172)

(8)

-0-

0

97

13)

Categories Programs Activities
C. Housing 1. Housing Service
D. Major Program Support 1. General Administration and Support (a) State Department Operations
2. Other Support Services (a) Reimbursements to Counties for Administration and Services
TOTAL MAJOR PROGRAM

MAJOR PROGRAM ACTIVITY SUMMARY

IV. Social Development (Thousands of Dollars)
Agency Responsible for Activity

Page in Budget Document
AB

Family and Children Services Family and Children Services

248 243 494

Fiscal Year

1971

1972

at

Change

Amount

%

3,923

4,390

467

12

CH

O
d

10.526

20.067

9.541

91

^

54,878

88,295

33,417

61

"

O

H W H
W 0

H

MAJOR PROGRAM ACTIVITY SUMMARY

Categories Programs Activities

V. Economic Development (Thousands of Dollars)

., '-"<*.- ; #*

Agency Responsible for Activity

Page in
Budget Document

AB

A. Manpower Development

1. Self-Sufficiency

(a) Vocational Rehabilitation General SeHrvices

Department of Education

83

(b) Vocational Rehabilitation Special Seirvices

Department of Education

83

(c) Vocational Rehabilitation Fac

and Workshops Department of Education

83

(d) Division of Field Services - Vo

al Rehabilitation Department of Education

84

(e) AFDC. Work Incentive

Department of Family and Children Services 238

If) Child Welfare - Day Care

Department of Family and Children Services 238 493

(g) Employment Services

Labor Employment Security Agency

262

(h) Manpower Development and Traininigg Act

Labor Employment Security Agency

262

(i) Job Corps

Labor Employment Security Agency

263

(j) Work Incentive

Labor Employment Security Agency

263 493

(k) Concentrated Employment

Labor Emlpoyment Security Agency

263

(I) Miscellaneous Job Training

Labor Employment Security Agency

263

(m) Factory for the Blind

Department of Family and Children Services 229

Total (A)

B. Industrial Development
1. Promotion of Economic Growth (a) Industry (b) Tourism (c) Research (d) Advertising
Total (1)
2. Science and Technology (a) Marine Resources Extension (b) Science and Technology Commissioni (c) Engineering Experiment Station (d) Engineering Extension Service (e) Skidaway Institute ((I Ocean Science Center
Total (2)

Department of Industry and Trade Department of Industry and Trade Department of Industry and Trade Department of Industry and Trade
Board of Regents Science and Technology Commission Board of Regents Board of Regents Board of Regents Ocean Science Center of the Atlantic

269 269 269 269
132 487 271 126 486 128 486 129 486 292

Fiscal 'Year

1971

1972

Chan19* Amount

2.572
456 1,455
953 20

2.861
557 1,458
953 20

289

11

101

22

3



363

544

181

50

(1131 5,932

_____ 6,393

----U2.
461

11001

254 782 244 1.200 2,480
149 101 2,408 263
523 3,444

255 836 236 __500
1,827
179 105 1.983 282 297 775
3,621

1

.

54

7

(8)

(3)

(7001

(58)

(653)

(26)

30

20

4

4

(425)

(18)

19

7

297

252

48

177

51

Categories Programs Activities____
B. Industrial Development Continued 3. Agricultural Industry (a) Plant Industry (b) Animal Industry (c) Marketing (d) General Agricultural Field Services (e) Agricultural Experiment Station (0 Agricultural Extension Services
Total (3)
4. Mineral Industry (a) Geologic and Mineral Resource Reseairch and Evaluation
Total (4)
Total (B)
C. Community Development 1. Depressed Areas (a) Altamaha River Basin Commission (b} Chattahoochee River Basin Development Commission
Total (C)
D. Major Program Support 1. General Administration and Support (a) Administration (b) Administration (c) Administration (d) Finance and Personnel
Total (1)
2. Other Support Services (a) Information and Education Total (2)
Total (D)
TOTAL MAJOR PROGRAM

MAJOR PROGRAM ACTIVITY SUMMARY

V. Economic Development (Thousands of Dollars)
Agency Responsible for Activity

Page in Budget Document
AB

Department of Agriculture Department of Agriculture Department of Agriculture Department of Agriculture Board of Regents Board of Regents

277 277 278 278 136 487 138 488

Department of Mines, Mining & Geology

286

Altamaha River Basin Commission

294

Chattahoochee River Basin Development

Commission

296

Department of Industry and Trade

268

Labor Employment Security Agency

265

Department of Mines, Mining & Geology

290

Department of Agriculture

280

Department of Agriculture

280

Fiscal Year

1971

1972

Change

Amount

%

3,140 1,694 2,032 1,153 5,554 5,561
19,134

3,145 1,698 2,301 1,231 5,7u2 5.893
20,050

5

.

4

*

269

13

78

7

228

4

332

6

916

5

326

273

___53

16

326

273

53

16

25,384

25,771

387

2

30"

45

7

____7_

37

52

M

15

50

H

W

O

15

41

cj w

618 115 113 666 1,512
'. 435 435
1.947
33,300

700 115
99 713 1,627
451 451 2.078
34.294

82
(14) 47
115

13
02) 7
8

___!
__!.
131
994

_4_ ----4_ _Z_
3

Categories Programs Activities
A. Crime and Delinquency
1. Crime Prevention and Control (a) Georgia Bureau of Investigation (b) Crime Laboratory (c) Strengthen Law Enforcement Capabiillity Within the State 1d) Drug Abuse Prevention and Educatiojn (e) Arson Investigation and Arrest (f) Police Academy
Total (1)
2. Juvenile Delinquency Prevention and Control (a)State Youth Development Centers (b)Regional Youth Development Centerss (c} Group Home Delinquents
Total (2)
3. Rehabilitation of Offenders (a) Probation Supervision (b) Executive Clemency and Parole Supesrrvviision (c) Georgia State Prison (d)Georgia Diagnostic and Classification Center (e) Georgia Industrial Institute 1f) Georgia Training and Development C:eenntter (g) Consolidated Branches (h) Work Release (i) Georgia Rehabilitation Center for Woimen
Total (3)
Total (A)

MAJOR PROGRAM ACTIVITY SUMMARY

VI. Protection of Persons and Property

(Thousands of Dollars)

Page in

Budget

Agency Responsible for Activity

Document

AB

Department of Public Safety

300

Department of Public Safety

300

Bureau of State Planning and

Community Affairs

468

Pharmacy Board

315

Comptroller General

340

Department of Public Safety

302

Dept. of Family and Children Services

244

Dept. of Family and Children Services

244

Dept. of Family and Children Services

244

Board of Probation

315

Board of Pardons and Paroles

317

Board of Corrections

323

Board of Corrections

323

Board of Corrections

323

Board of Corrections

324

Board of Corrections

324

Board of Corrections

320

Board of Corrections

324

Fiscal Year

1971

1972

Change

Amount

X*

1,623 270
30 169 179 2,271
7,889 1,570
-0-
9,459
2,058 1,355 5,494 2,530 2,380
714 3,596
400 273 18.800
30.530

1,841 567
34 162 185 2.789
5,978 1,696 -0-
7,674
2.197 1,405 5.662 2,903 2,392
840 4,715
471 273 20.858
31.321

218

13

297

110

4 (7) 6 518
(1,911) 126 -0-
(1,785)
139 50 168 373 12 126 1,119 71 0
2.0S8
__Zil

13 (4) 3, 23
(24) 8
(19)
7 4 3 15
*
18 31 18
11
3

MAJOR PROGRAM ACTIVITY SUMMARY

Categories Programs Activities___
B. Safety
1. Highway Safety (a) Coordination of Highway Safety (bl Georgia State Patrol (c) Motor Vehicle Inspection (d) Safety Education (e) Accident Reporting (f) Driver Licensing (g) Safety Responsibility
Total (1)

VI. Protection of Persons and Property

(Thousands of Dollars)

Page in

Budget

Agency Responsible for Activity

Document

AB

Coordinator of Highway Safety

326

Department of Public Safety

304

Department of Public Safety

305

Department of Public Safety

305

Department of Public Safety

305

Department of Public Safety

305

Department of Public Safety

305

2. Fire Protection

(a) Fire Inspection and Regulation

Comptroller General

340

3. Disasters

(a) Civil Defense

Department of Defense

331

(b) Emergency Planning

Department of Defense

331

(c) Community Shelter Planning

Department of Defense

332

(d) Administration and Support of the S;tate Militia

Department of Defense

333

Total (3)

Total (B)

C. Consumer Protection
1. Business Practices (a) Weights and Measures Regulation (b) Corporation Regulations (c) Securities Regulation (d) Occupational Regulation (e) Private Employment Agency Regulation if} Education and Statistical Feasibility Study (g) Insurance Company Regulation (h) Investigation of Insurance Claims aind Policy Forms (i) Industrial Loan Company Regulation (j) Bank Examinations and Investigation (k) Credit Union Examination and Investtiiggaattiions (I) Utilities Regulation-Authorization of Rates
Total (1)

Department of Agriculture Secretary of State Secretary of State Secretary of State Department of Labor-Inspection Division
Comptroller General Comptroller General Comptroller General Comptroller General Department of Banking Department of Banking Public Service Commission

232 435 435 431 203 342 336 336 496 338 345 345 216

Fiscal Year

1971

1972

O O

Change

Amount

%*

98 6,504
545 252 171 1,749 665 9,984
514
240 46
876 1.676 11,660

106 7,830
640 236 172 1,909 575 11,468
525
241 46
902 1,714 13,182

250 162 105 1,248 25
285 246 215 575
46 179
3,336

257 184 111 1,287
26
295 280 232 622
49 200
3,543

8

8

1.326

20

95

17

(16)

(6)

1

*
^H

160

9

O

(90)

(14)

1,484

15

ft)

11

21

f

1

*

O ^

26

3 in

38 1,522

2 13

H
w
O

c?

w

7

3

H

22

14

6

6

39

31

1

*

10

4

34

14

17

8

47

8

3

7

21

12

207

6

Categories Programs Activities____
C. Consumer Protection - Continued 2. Literature Review (a) State Literature Commission
3. Product Quality (a) Drug Compliance Investigation (ta) Consumer Protection Division (c) Agricultural Field Forces (d) Meat Inspection
Total (3)
Total (C)
D. Major Program Support
1. General Administration and Support (a) Administration (b) Administration 1c) Administration (d) Administration (e) Fiscal, Personnel, and General Support
Total (1)
2. Other Support Services (a) Data Processing
Total (D)
TOTAL MAJOR PROGRAM

MAJOR PROGRAM ACTIVITY SUMMARY

VI. Protection of Persons and Property

(Thousands of Dollars)

Page in Budget

Agency Responsible for Activity

Document

AB

Literature Commission

349

Pharmacy Board

315

Department of Agriculture

282

Department of Agriculture

283

Department of Agriculture

283

Comptroller General

343

Department of Public Safety

307

Pharmacy Board

316

Board of Corrections

321

Department of Banking

347

Department of Public Safety

307

Fiscal Year

1971

1972

Change

Amount

%*

20
156 419 865 819 2.259 5,615

20
161 456 962 721 2.300 5,863

342 2,922
42 1,280
216 4,802
824 5,626
53,432

355 2,259
45 1,566
233 4,458
806 5,264
55,629

5

3

37

9

97

11

(98)

(12)

41

2

248

4

H

13

4

(663)

(23)

CJ

3

7

286

22

17

8

(344)

(7)

(16)

(2)

(360)

(6)

2,168

4

oto

Categories Programs Activities_____
A. Recreation
1. Recreational Opportunities (a) Law Enforcement (b) Fisheries Management (c) Game Management (d) Georgia Recreation Commission (e) Develop and Operate Stone Mountainn Memorial Park (f) Groveland Lake Development
(g) Increase capability in State to create recreation opportunities
(h) Jekyll Island State Park
(i) National Outdoor Recreation Experimnent Station
(j) Development of the Lake Lanier Islanidds
(k) General Operation of State Parks (I) Panola Mountain Park (m) Tanner's Beach Park (n) Providence Canyon Park (o) Baldwin County Park (p) Eagle Mountain Park (q) Dancing Water Lakes Park (r) Dixie Creek Park (s) Maple Creek Park (t) Maintenance of State Parks (u) Youth Conservation Camp
Total (1)
2. Preservation of Natural Areas (a)Georgia Natural Areas Council (b) Coastal Marshlands Protection Agenc:yy
Total (2)
Total (A)

MAJOR PROGRAM ACTIVITY SUMMARY

VII. Natural Environment (Thousands of Dollars)
Agency Responsible for Activity

Page in Budget Document
AB

Game and Fish Commission Game and Fish Commission Game and Fish Commission Georgia Recreation Commission Stone Mountain Memorial Committee/
Association Groveland Lake Development
Commission/Authority Bureau of State Planning & Community
Affairs Jekyll Island State Park Committee/
Authority North Georgia Mountains Commission/
Authority Lake Lanier Islands Development
Commission/Authority Parks Department Parks Department Parks Department Parks Department Parks Department Parks Department Parks Department Parks Department Parks Department Parks Department Game & Fish Commission

353 354 354 361
366
364 495
467
368
370
372 379 379 379 380 380 380 380 381 381 378 356

Parks Department

383

Game & Fish Commission

355

Fiscal Year

1971

1972

to

Change

Amount

%*

2.326 896 289 119
75
122
-0-
400
206
261 2,409
-0-0-00-0-0-0-0253 -0-
7,356

2,614 912 339 124
100
-0-
200
419
1,279 2,835
125 15
-09-2' -0-0-0-0244 -0-
9,298

288

12

16

2

50

17

5

4

(75) (100)

-l
O

(22)

(18)

*?

^4

C1

(200)

(50)

213

103

oV

1,018

390

L ~j M

426 125

18

wHH

15

92

or-4

I--*

w.

JSI

(9)

(4)

1,942

26

35 0___35_. 7,391

37 31
___68. 9,366

2 31
___33_ 1,975

6 ___ _9t_
27

Categories Programs Activities____
B. Environmental Quality Protection 1. Land Based Resources (a) Regulation of Mineral Exploration oin State Owned Lands (b) Soil & Water Conservation Committe:eee <c) Forest Research (d) Reforestation (e) State Forests (f| Forestry Field Services (g) Mineral Leasing Commission (h) R eel ai mat ion of Surface Mined Landds
Total (1)
2. Water Resources (a) Water Quality Control Board (b) Water Resource Research
Total (2)
3. Air Quality (a) Air Quality
Total (3)
Total (B)
C. Major Program Support
1. General Administration and Support (a} Administrative Services (b) Administration (c) Administration
Total (1)
2. Other Support Services (a) Information and Education
Total (2). Total (C)

MAJOR PROGRAM ACTIVITY SUMMARY

VII. Natural Environment (Thousands of Dollars)
Agency Responsible for Activity

Page in Budget Document
AB

Mines, Mining and Geology

287

Soil & Water Conservation Committee

385

Forest Research Council

387

Forestry Commission

392

Forestry Commission

392

Forestry Commission

393

Mineral Leasing Commission

396

Surface Mined Land Use Board

397

Health Department

184

Mines, Mining & Geology

289

Health Department

184

Game and Fish Commission

358

Parks Department

,

384

Forestry Commission

394

Game & Fish Commission

358

Fiscal Year

1971

1972

Change

Amount

%*

12 467 588 132 -06,018
5 125 7,347
536 186 722
277 277 8,346
295 1,968
625 2,888
| __3i5_ 315
3,203

13 511 460 160 0-
6,464 5
176
7,797

1

8

44

9

(128)

(22)

36

27

446

7

^
wa1--1

51

41

450

6

^ *

9,595 186
9,781

9,059

1,690

>

*H

9,059

1,255

3



310

33

12

t-^

310

___33_

12

M

17,888

9,542

114

h-L

315 2,210
634
3,159

2

20

7

242

12

9

1

271

9

352 352 3,511

___3i
__37_
30

_!2_ 12 10

to o
CO

Categories Programs Activities
D. Commissioner of Conservation Total (D)
TOTAL MAJOR PROGRAM

MAJOR PROGRAM ACTIVITY SUMMARY

VII. Natural Environment (Thousands of Dollars)
Agency Responsible for Activity
Commissioner of Conservation

Page in Budget Document
AB
360

to
O

Fiscal Year

1971

1972

52 52
18,990

0-0-
30.762

Change

(52) (52)
11,772

(1001 (100)
62

O Cj
tr1 o
W
M
ao
cj

Categories Programs Activities
A. Management Services
1. Fiscal Administration (a) Treasury Department (b) Budget Analysis (c) Management Review (d) Post Audit
Total (1)
2. Revenue Collection (a) Income Tax (b) Motor Fuel Tax (c) Motor Vehicle Tax (d) Property Tax (e) Sales Tax (f) Enforcement of Alcohol and Tobaccoo Tax (g) Fuel and Oil Inspection (hi Motor Vehicle Tag Purchases (i) Loans to Counties for Tax Revaluatiioon (j) Tax Ratio Study
Total (2)
3. Personnel Management (a) Employees Retirement (b) Employees Assurance (c) Examination and Recruitment (d) Classification and Compensation (e) Personnel Transactions (f) Training (g) Employees Health Insurance fh) County Employees Health Insurance (i) Workmen's Compensation Self-Insurainnce
Total (3)

MAJOR PROGRAM ACTIVITY SUMMARY

VIII. General Government (Thousands of Dollars)
Agency Responsible for Activity

Page in Budget Document
AB

State Treasury Department

401

State Budget Bureau

404

State Budget Bureau

404

Department of Audits

12

Department of Revenue

407

Department of Revenue

407

Department of Revenue

408

Department of Revenue

408

Department of Revenue

408

Department of Revenue

409

Department of Revenue

409

Department of Revenue

413

Department of Revenue

413

Department of Audits

13

Employees Retirement System

418

Employees Assurance Department

420

State Merit System

423

State Merit System

423

State Merit System

424

State Merit System

424

State Merit System

426

State Merit System

426

Purchasing Department

444

Fiscal Year

1971

1972

Change

Amount

%'

166 136 114 894
1,310
2,280 572
1,907 642
3,065 2,065
353 1,409
110 350
12.753
0-0-0-00-0-00713
713

169 201 135 1.036
1,541
2,309 648
1,801 681
3,090 i 1,749
310 368
41 350
11,347
-00-0-0-00-0-0465
465

3

2

65

48

21

18

142

16

231

18

w

HH

29 76 (106)

1 13 (6)

O5

39

6

CH

25

*

s,.

(316)

(15)

M

(43)

(12)

/-H

(1,041)

(74)

t-H

(69)

(63)

0-

-0-

W

(1,406)

(11)

M

1_,
CO
pi

B481

(35)

Categories Programs Activities____
A. Management Services Continued
4. Information Services (a) Archives and History (b) Cooperative Topographic Mapping (c) State Library (d) State Computer Service
Total (4)
5. Properties and Supplies (a) Purchasing (b) Fire and Hazard Self-Insurance {c} Maintenance of Buildings and Grounids (d) Executive Cen (e) Surplus Properties (f) Capitol Square Improvement (g) State Properties Control (h) Special Repair Fund (i) Air Transportation Services (]) General Services
Total (5)
Total (A)
B. General Policy Support
1. Executive Direction and Support (a) Governor's Office
2. Legal Services (a) Attorney General's Office
3. Planning and Programming (a) Planning Coordination

MAJOR PROGRAM ACTIVITY SUMMARY

VIII. General Government {Thousands of Dollars)
Agency Responsible for Activity

Page in Budget Document
AB

Secretary of State

429

Mines, Mining and Geology

290

State Library

440

State Computer Service Center

442

Purchasing Department

444

Purchasing Department

444

Secretary of State

433

Secretary of State

433

Department of Education

86

Capitol Square Improvement Committee 447

State Properties Control Commission

449

Secretary of State

437

Department of Air Transportation

451

Secretary of State

435

Governor's Office

453

Department of Law

462

Bureau of State Planning & Community

Affairs

466

to o 05

Fiscal Year

1971

1972

Change

Amount

%*

1,577 10
136 400
2,123
307 50
524 69
03,263
50 100 135 309
4,807
21,706

1,618 35 141
400
2,194
316 62
549 74
.03,263
50 100 317 308
5.039
20.586

41

3

25

250

5

4

71

3

O

Cj

9

3

12

24

25

5

5

7

f

O

182

135

(1)

(*)

a
H

232

5

(1.120)

(5)

663 1,006
165

663 1,164
336

158

171

104

Categories Programs Activities____
B. General Policy Support Continued
4. Local Government: (a) Strengthening Local Government Ad(mmiinniissttration
(b) Assistance to Counties (c) Assistance to Municipalities
Total (4) Total (B)
C. Major Program Support
1. General Administration and Support (a) Administration - Purchasing (b) Administration Secretary of State (c) Administrative Services - Revenue (d) Fiscal, Personnel, and General Suppojrrt
(e) Administration - Budget Bureau if) Administration - Merit System (g) Governor's Emergency Fund
Total (II
2. Other Support Services (a) Data Processing Revenue Total (C)
TOTAL MAJOR PROGRAM

MAJOR PROGRAM ACTIVITY SUMMARY

VIII. General Government (Thousands of Dollars)
Agency Responsible for Activity

Page in Budget Document
AB

Bureau of State Planning and Community Affairs
Assistance to Counties Assistance to Municipalities

466 471 471 497

Department of Purchasing

446

Secretary of State

438

Department of Revenue

411

Bureau of State Planning and

Community Affairs

470

State Budget Bureau

403

State Merit System

427

Governor's Emergency Fund

454

Department of Revenue

411

Fiscal Year

1971

1972

Change

Amount

%*

1.045 2,600 4.200

1,348 2,600 18,556

303

29

14,356

342

7.845 9,679

22.504 24,667

14.659

187

14,988

155

u l--<

149 414 1,512
425 91
-02.000
4,591

156 485 1,675
469 97
-02,000
4,882



7

5

71

17

fj>.

163

11

5*

/<---<1

44

10

6

6

trd~

291

6

CT

2.134 6,725

2.168 7,050

M

34

16

-CqO

325

5

Hi

38.111

52,303

14,192

37

to -oq

Categories Programs Activities____
A. General Assembly

M----AJ--O--R----P--R--O--G--R--A--M----A--C--T--IV--I--TY----S--U--M--M----AR--Y--

IX. Legislative (General Assembly)

(Thousands of Dollars)

Page in

Agency Responsible for Activity

Budget Document

AB

Legislative Branch

10

Fiscal Year

1971

1972

4,825

5,490

Change

Amount

%*

665

14

O d
ft)
O "3 i-3
a
H
dao

Categories Programs Activities____
A. Judicial 1. Supreme Court 2. Court of Appeals 3. Superior Courts 4. Judicial Court Reports
TOTAL MAJOR PROGRAM

MAJOR PROGRAM ACTIVITY SUMMARY

X. Judicial (Thousand s of Dollars
Agency Responsible for Activ ty

Page in Budget Document

Supreme Court

14

Court of Appeals

16

Superior Courts

18

Judiciary

22

Fiscal Year

1971

1972

\ Change

Amount

%*

4,572

683 747 3,849 __53_
5,332

124

22

18

2

600

19

_18

51

760

17

"0

C-qO

210

JOURNAL OF THE HOUSE,

Senator Holloway of the 12th moved that the Joint Session of the General Assembly 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, Monday morning, January 18, 1971, and the motion prevailed.

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

MONDAY, JANUARY 18, 1971

211

Representative Hall, Atlanta, Georgia Monday, January 18, 1971

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. Donald J. Sparks, Pastor, White Bluff United Methodist Church, Savannah, 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:

212

JOURNAL OF THE HOUSE,

HB 94. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to provide that no automobile liability policy or motor vehicle liability policy shall be issued or delivered unless it contains an uninsured motorist endorsement; and for other purposes.
Referred to the Committee on Insurance.

HB 95. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 59-108, relating to jury boxes, so as to provide that each county shall have one traverse jury box from which all courts of the county shall select jurors; and for other purposes.
Referred to the Committee on Judiciary.
HB 96. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to implement a constitutional amendment authorizing the increase of retirement or pension benefits of retired persons who retired pursuant to the Teachers' Retirement System Act; and for other purposes.
Referred to the Committee on Retirement.
HB 97. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that in the case of retirement of any member of the Teachers' Retirement System prior to his attaining the age of 62 years the service allowance shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years; and for other purposes.
Referred to the Committee on Retirement.
HB 98. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a Teachers' Retirement System, so as to delete the requirement that a member obtain advance approval from the Board of Trustees in the event he desires to pursue full-time study which will require a break of service of more than two years; and for other purposes.
Referred to the Committee on Retirement.

HB 99. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State

MONDAY, JANUARY 18, 1971

213

supported schools, so as to provide that the expense fund shall be the fund to which shall be the fund to which shall be credited the State funds or federal funds to pay the administrative expenses of the retire ment system; and for other purposes.
Referred to the Committee on Retirement.

HB 100. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the public and State supported schools, so as to delete the prohibition against providing increased retirement funds to members who have retired after July 1, 1961; and for other purposes.
Referred to the Committee on Retirement.

HB 101. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, so as to change the name of the "Georgia Education Association" to the "Georgia Association of Educators"; and for other purposes.
Referred to the Committee on Retirement.

HB 102. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, so as to amend subsection (5) of Section I by chang ing the names of the "Georgia Education Association" to the "Georgia Association of Educators"; and for other purposes.
Referred to the Committee on Retirement.

HB 103. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, so as to change the minimum and maximum rates of regular interest for use in all calculations required in connection with the Teachers' Retirement System; and for other purposes.
Referred to the Committee on Retirement.

HB 104. By Messrs. Farrar of the 77th and Buck of the 84th:
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 who is an active member of the Teachers' Retirement

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System shall be entitled to receive credit for teaching service in other state school systems, state supported independent school systems or American dependents schools; and for other purposes.
Referred to the Committee on Retirement.

HB 105. By Messrs. Matthews of the 63rd, Hudson of the 48th, Wheeler of the 57th, Grantham of the 55th, Reaves of the 71st, Chance of the 44th and Carter of the 64th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Meat Inspection Act", so as to provide for the inspection of meat and meat products by the Commissioner of Agriculture in retail establish ments and in food service establishments; and for other purposes.
Referred to the Committee on Agriculture.

HB 106. By Messrs. Matthews and Patten of the 63rd, Reaves of the 71st, Collins of the 62nd, Russell of the 70th, Hudson of the 28th, Grantham of the 55th, Carter of the 64th and Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Meat Inspection Act", so as to repeal the provision of Section 14(a) which prohibits the custom slaughterer from buying and selling meat capable of use as human food; and for other purposes.
Referred to the Committee on Agriculture.

HB 107. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend Chapter 36-6 of the Code of Georgia, relating to appeals and final judgments in condemnation pro ceedings, so as to provide that valuations submitted in tax returns shall be admissible as evidence in jury trials determining condemnation awards; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 108. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell of the 70th, Hadaway of the 27th, Wheeler of the 57th, Strickland of the 56th and Hudson of the 28th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render the same free of any infectious or contagious disease which might affect domestic animals or human beings, so as to prohibit the feeding of garbage to swine; and for other purposes.
Referred to the Committee on Agriculture.

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215

HB 109. By Messrs. Matthews of the 63rd and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act prohibiting the purchase of any passenger automobile by any department, institution, bureau or agency of this State, so as to provide that the Department of Agriculture shall be authorized and empowered to purchase passengercarrying automobiles through the Supervisor of Purchases for the use of the Agriculture Department employees while engaged in their official duties; and for other purposes.
Referred to the Committee on State of Republic.

HB 110. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create the Georgia State Board of Electrical Contractors; and for other purposes.
Referred to the Committee on State of Republic.

HB 111. By Messrs. Nunn of the 41st, Odom and Lee of the 61st, Patterson of the 20th, Dean of the 19th, Moore and Gunter of the 6th, Greer of the 95th and others:
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; and for other purposes.
Referred to the Committee on Judiciary.

HB 112. By Mr. Vaughn of the 74th: A Bill to be entitled an Act to amend Code Section 92-1403, relating to the taxation of motor fuel, so as to provide for an increase in the motor fuel excise tax; and for other purposes.
Referred to the Committee on Ways and Means.
HB 113. By Mr. Vaughn of the 74th: A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act", which is entitled an Act to merge the Georgia Rural Roads Authority, known as the "Georgia Rural Roads Authority Act"; and for other purposes.
Referred to the Committee on Highways.
HB 114. By Mr. Vaughn of the 74th: A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code relating to motor fuel taxes and known as the "MotorFuel Tax Law", so as to provide for a partial refund of motor fuel tax to certain governmental units; and for other purposes.
Referred to the Committee on Ways and Means.

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HB 115. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and/or State Highway Department; and for other purposes.
Referred to the Committee on Highways.

HB 116. By Messrs. Collins of the 72nd and Russell of the 77th:
A Bill to be entitled an Act to amend Code Chapter 30-1, relating to divorce, so as to provide that on the written application of any party to a divorce proceeding, the court shall issue order prohibiting removal from this State of the children whose custody is involved and requiring the child to be produced at court; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 117. By Messrs. Bowen and Rainey of the 47th, Bostick of the 63rd:
A Bill to be entitled an Act establishing the State Employees' Retire ment System, so as to change the provisions relating to former em ployees; and for other purposes.
Referred to the Committee on Retirement.
HB 118. By Messrs. Cheeks, Miles and Mulherin of the 78th, Smith and Sherman of the 80th, Connell and Dent of the 79th:
A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, so as to change the provisions relating to delivering summons and affidavits; and for other purposes.
Referred to the Committee on Judiciary.
HB 119. By Messrs. Buck of the 84th, Bostick of the 63rd, Bowen of the 47th, Thomason and Levitas of the 77th, Berry of the 85th and others:
A Bill to be entitled an Act to establish a State Commission on Com pensation to assist the General Assembly in setting the compensation of constitutional State officers and full-time heads of State agencies, authorities, boards, bureaus, commissions, committees and departments whose compensation is set by Act of the General Assembly; and for other purposes.
Referred to the Committee on Retirement.
HB 120. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the City of Hapeville", so as to provide for increased pay ments to the pension fund by the City; and for other purposes.
Referred to the Committee on State Planning and Community Affairs on Local Legislation.

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217

HB 121. By Messrs. Lee, Northcutt and Lee of the 21st:
A Bill to be entitled an Act to amend Code Section 29-101, relating to requisites of a deed of lands, so as to require a deed of lands to contain the address of the grantee; and for other purposes.
Referred to the Committee on Judiciary.

HB 122. By Mrs. Hamilton of the 112th, Messrs. Lane of the 101st, Adams of the 100th, Felton of the 95th, Marcus of the 105th, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to change the length of the terms of Com missioners in certain cities; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.
HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to be entitled an Act to amend an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), so as to increase the excise tax on cigarettes; to impose an excise tax on cigarettes held or possessed by every dealer or distributor of cigarettes on the effective date on this Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 124. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to provide for a minimum base pay; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 125. By Mr. Ware of the 30th:
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 compensation received for active and inactive duty training as a member of the Georgia National Guard; and for other purposes.
Referred to the Committee on Ways and Means.
HB 126. By Mrs. Merritt of the 46th, Messrs. Matthews and Patten of the 63rd, Grantham of the 55th, Hudson of the 48th, Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia

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Food Act", so as to define the term "food sales establishment"; and for other purposes.
Referred to the Committee on Agriculture.

HR 52-126. By Messrs. Collins and Geisinger of the 72nd, Westlake, Floyd and Granade of the 75th and others:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for shorter periods of county residence for persons to be allowed to vote for State elective officials; and for other purposes.
Referred to the Committee on State of Republic.

HR 53-126. By Messrs. Dean of the 76th, Hood of the 99th, Shepherd of the 107th, Dent of the 79th, Ezzard of the 102nd and others:
A Resolution creating the Georgia Human Rights Commission; and for other purposes.
Referred to the Committee on Welfare.

HR 54-126. By Messrs. Smith of the 43rd, Edwards of the 45th, Larsen of the 42nd, Hadaway of the 27th, Lewis of the 37th, Wilson of the 117th, Smith of the 39th, Roach of the 10th, Wamble of the 69th and others:
A Resolution making application to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States relating to proportionate income taxes to state governments; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 127. By Mr. Lane of the 44th:
A Bill to be entitled an Act to amend Code Section 40-1404, relating to the compensation of the Comptroller General, so as to change the compensation of the Comptroller General; and for other purposes.
Referred to the Committee on Retirement.

HB 128. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to change the method of allocating such grants; and for other purposes.
Referred to the Committee on State of Republic.

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219

HB 129. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act providing for grants to counties of this State to be used for any public purpose, so as to change the method of allocating such grants from a mileage basis to a population basis; and for other purposes.
Referred to the Committee on State of Republic.

HB 130. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary and allowance of members and officials of the General As sembly, so as to change the annual salary of members of the General Assembly; and for other purposes.
Referred to the Committee on Retirement.

HB 131. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to provide for grants to certain incorporated municipalities of this State to be used for any public purposes, except paying the salaries of elected municipal officers; 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:

HR 35-64. By Mr. Felton of the 95th:
A Resolution compensating Mrs. Irvin Blumenthal; and for other purposes.

HR 36-64. By Mr. Matthews of the 63rd: A Resolution compensating Mrs. E. L. Powell; and for other purposes.

HB 65. By Messrs. Gunter and Moore of the 6th, Patten of the 63rd, Wood and Whitmire of the llth, Gaynor of the 88th, Alien of the 92nd, Triplett of the 93rd, Sweat of the 65th and Mauldin of the 12th:
A Bill to be entitled an Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements on any public property or building, private property or on any property zoned for use other than commercial or industrial; and for other purposes.

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HB 66. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to authorize the District Attorneys of Georgia, upon approval by their Superior Court Judges to grant im munity from prosecution in certain criminal proceedings; and for other purposes.

HB 67. By Messrs. Gunter and Moore 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.
HB 68. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend Code Section 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, so as to remove the right of the accused to make an unsworn statement; and for other purposes.
HB 69. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to require each felon entering the State of Georgia to register with the sheriff of the county in which the felon is residing, within 72 hours after entering the State; and for other purposes.
HB 70. By Messrs. Gunter and Moore 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 the District Attorney or Solicitor shall be served with a copy of the demand before filing the same with the Clerk of the Court; and for other purposes.
HB 71. By Messrs. Gunter and Moore of the '6th: A Bill to be entitled an Act to amend Code Title 26, known as the Criminal Code of Georgia, so as to create a new Code Chapter to be designated as Code Chapter 26-34 relating to loan sharking; and for other purposes.
HB 72. By Mr. Dailey of the 53rd: A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Calhoun County, known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.

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221

HB 73. By Messrs. Cheeks, Miles and Mulherin on the 78th, Cbnnell and Dent of the 79th, Smith and Sherman of the 80th:
A Bill to be entitled an Act to amend Code Chapter 46-4, relating to dissolution, claims and judgment in garnishment proceedings, so as to repeal Code Section 46-409, relating to bills of costs in garnishment proceedings, in its entirety; and for other purposes.

HB 74. By Mr. Alexander of the 108th:
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 procedure in civil cases, so as to provide that after commencement of an action, any party may take the testimony of any person, by deposition upon certain questions; and for other purposes.

HB 75. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to create and establish the CuthbertRandolph Airport Authority and to authorize such Authority to acquire and maintain airports and landing fields for the use of aircraft; and for other purposes.

HB 76. By Messrs. Isenberg and Leggett of the 67th and Johnson of the 29th:
A Bill to be entitled an Act to amend Code Chapter 68-7 relating to regulation of motor vehicles for hire, so as to require that every taxicab operated in this State be equipped with as many seat belts as there are places for passengers; and for other purposes.

HB 77. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Litter Control Law", so as to change the provisions relative to penalties; and for other purposes.

HB 78. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits for the City of LaGrange; and for other purposes.

HB 79. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for an increase in the retirement benefits of certain retired members; and for other mem bers; and for other purposes.

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HB 80. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to provide for longevity increases in salarjr for any person covered by the Merit System who has been employed with any department or agency of State Government or agency of State Government for a minimum of 10 years and who has attained the top step in his grade classification; and for other purposes.

HB 81. By Messrs. Roach, Poole and Harris of the 10th, Jones of the 4th, Whitmire and Wood of the llth:
A Bill to be entitled an Act to amend an Act providing for one addi tional Judge of the Superior Court of the Blue Ridge Judicial Circuit, so as to add one court reporter of the Blue Ridge Judicial Circuit; and for other purposes.

HB 82. By Messrs. Hill of the 94th, Alexander of the 108th, Blackshear of the 91st, Bond of the lllth, Brown of the 110th and Hood of the 99th:
A Bill to be entitled an Act to require the State Personnel Board to remove all inequities from State employment application forms; and for other purposes.

HB 83. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for aged and incapacitated teachers in the State public schools and other State supported schools, so as to authorize any member who has withdrawn his contributions to the Teachers' Retirement System not more than 3 times after Jan. 1, 1961 to reestablish his membership until payment back into the fund a sum equal to the amount withdrawn; and for other purposes.

HR 43-83. By Mr. Harrington of the 34th: A Resolution compensating Mr. J. R. Bouchillon; and for other purposes.

HR 44-83. By Mr. Conger of the 68th: A Resolution compensating Mr. D. R. Tabb; and for other purposes.

HR 45-83. By Mr. Roach of the 10th: A Resolution compensating James H. Alexander; and for other purposes.

HR 46-83. By Mr. Stephens of the 103rd: A Resolution compensating Joe Darrell Davis; and for other purposes.

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223

HR 47-83. By Mr. Stephens of the 103rd: A Resolution compensating Stella Dozier; and for other purposes.

HR 48-83. By Mrs. Merritt of the 46th: A Resolution compensating Dr. James W. Smith; and for other purposes.

HR 49-83. By Mr. Harrington of the 34th: A Resolution compensating Mr. Arthur Mosely; and for other purposes.
HB 84. By Messrs. Atherton of the 117th, and Horton of the 95th, Mrs. Hamil ton of the 112th, Messrs. Thomason of the 77th, Cook of the 95th, Marcus of the 105th, Farrar of the 77th, Mason of the 13th and Gesinger of the 72nd: A Bill to be entitled an Act to create an area-wide planning and development commission for all Standard Metropolitan Statistical Areas of this State having a population of more than 1,000,000; and for other purposes.
HB 85. By Messrs. Lee, Northcutt and Gary of the 21st: A Bill to be entitled an Act to create a system of pensions and retire ment pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority; and for other purposes.

HB 86. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to provide that, at the option of the insured, he may be provided with increased limits of coverage for protection against uninsured motorists; and for other purposes.
HB 87. By Messrs. Cole of the 3rd and Harris of the 10th:
A Bill to be entitled an Act to require each and every public or private campground which has facilities for mobile campers to be equipped with sewage collection stations of sewage dump stations; and for other purposes.
HB 88. By Messrs. Gunter of the 6th, Colwell of the 5th, Rush of the 51st, Rainey of the 47th, Adams of the 100th, Matthews of the 16th, Lane of the 44th, Housley of the 117th and Griffin of the 68th:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Director of the Department of State Parks, so as to change the compensation of the Director; and for other purposes.

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HR 50-88. By Messrs. Savage of the 104th, Brown of the 110th, Adams of the 100th, and Colwell of the 5th, Mrs. Merritt of the 46th, Messrs. Lane of the 101st, Whitmire of the llth, Geisinger of the 72nd and others:
A Resolution proposing an amendment to the Constitution so as to exempt certain persons who are 65 years of age or older and certain disabled persons from any increase in ad valorem taxation; and for other purposes.

HB 89. By Messrs. Egan of the 116th, Cook, Hawes and Horton of the 95th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of a motor fuel tax and exemptions therefrom, so as to provide for refunds of portions of the motor vehicle fuel taxes to counties, incorporated municipalities, school districts and independent school systems; and for other purposes.
HB 90. By Messrs. Geisinger and Collins of the 72nd, Cook, Horton and Hawes of the 95th, Mrs. Merritt of the 46th, Messrs. Marcus of the 105th and others:
A Bill to be entitled an Act to regulate the bail bond business in the State of Georgia; and for other purposes.

HB 91. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1971, and ending June 30, 1972, and the fiscal year beginning July 1, 1972 and ending June 30, 1973; and for other purposes.

HB 92. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein, and the purposes provided for herein; and for other purposes.

HB 93. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A Bill to be entitled an Act to provide additional appropriations pursuant to Section B of the Governor's Budget Report for the fiscal

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225

year beginning July 1, 1971 and ending June 30, 1972, and for the fiscal year beginning July 1, 1972 and ending June 30, 1973, 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.

Mr. Parrar of the 77th, 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 64. Do Pass.
Respectfully submitted, Farrar of the 77th, Chairman.

Mr. Snow of the 1st, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 31. Do Pass.
HB 23. Do Pass.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Levitas of the 77th, Chairman of the Committee on State Planning and ^Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under

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consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 6. Do Pass.

HB 7. Do Pass.

HB 8. Do Pass.

HB 34. Do Pass.

HB 41. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

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

HB 6. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act granting a charter to the Mayor and Council of the City of Athens, as amended, so as to provide that a municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall also be eligible to enter as a candidate any political party primary or general election other than to succeed himself or a public elective office; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 125, nays 0.

HB 7. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to provide for automatic qualification for 120 months guaranteed certain plan as provided with option to change to a regular retirement benefit and to provide a special death benefit for partici pant's spouse; to repeal conflicting laws; and for other purposes.

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227

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

On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 8. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens", as amended, so as to authorize the Mayor and Council of the City of Athens in enforcing Housing Codes to assess cost of demolition where a financial hardship exists; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was
HB 34. By Mr. Howell of the 60th: A Bill to be entitled an Act to amend an Act incorporating the City of Blakely, as amended, so as to change the salaries of the mayor and councilmen; to authorize the mayor to declare and enforce a curfew in the event of riot, rebellion, insurrection, violent disturbance, or other emergency; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 41. By Messrs. Bennett, Barfield and Reaves of the 71st: A Bill to be entitled an Act to amend an Act prescribing the time for holding the Superior Court of Echols County, so as to change the time for holding said court; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 125, nays 0.

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

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

HB 5. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act creating the Board of Recreation Examiners, so as to change the provisions relative to the duties and responsibilities of the Board; to change the provisions relative to eligibility for examination as Recreation Leader; to change the provisions relative to certificates; to provide for the renewal of certifi cates and the fees therefor; 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Barfield Bell
Bennett, J. T. Bennett, Tom Berry Blackshear Bohannon Bond Bostick
Bowen Brantley, H. H.

Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Busbee Carr
Carter Chance Chandler Chappell Cheeks Clements Cole
Collier Collins, S.

Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T.
Davis, W. Dean, Gib
Dean, J. E. Dent Dixon Edwards Egan Evans Ezzard
Farrar Felton

Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat
Grahl Granade Grantham
Greer Griffin
Gunter Hadaway Hamilton
Harris
Hawes Hays Hill, B. L. Hill, G.
Hood Horton Howard Howell Hudson, C. M. Isenberg Johnson Jordan King
Knight Knowles
Kreeger Lambert Lane, Dick

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229

Larsen, G. K. Lee, W. J. (Bill)
Leggett
Lewis Logan Longino
Marcus Matthews, C. Mauldin Maxwell
McCracken McDaniell Melton Merritt
Miles Milford
Miller Moore Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.

Pickard Pinkston
Potts Roach
Ross Russell, W. B.
Savage Shanahan
Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Stephens Strickland
Sweat Thomason Thompson Toles Triplett
Turner Vaughn Ware Westlake
Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood

Those voting in the negative were Messrs.:

Ham

Scarborough

Those not voting were Messrs.:

Atherton Battle Black Bray Collins, M. Colwell Cook Dailey Dean, N. Dorminy Drury Floyd, J. H.

Harrington Harrison Housley
Hudson Hutchinson Jessup Jones, Herb
Jones, J. R.
Keyton Lane, W. J. Larsen, W. W. Lee, W. S.

Le vitas Lowrey Mason Matthews, D. R. McDonald Morgan Murphy Odom Poole Rainey Reaves Rush

230
Russell, A. B. Russell, H. P. Salem

JOURNAL OF THE HOUSE,

Snow Sorrells Townsend

Tripp Wamble Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 2.

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

HB 55. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for the extension of the season for taking shrimp under certain conditions; and for other purposes.

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

On the passage of the Bill, the ayes were 119, nays 0.

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

By unanimous consent, HB 55 was ordered immediately transmitted to the Senate.

HB 47. By Mr. Howell of the 60th:
A Bill to be entitled an Act to provide a system of officially designated Georgia Government Documents in order to obtain maximum efficiency, economy, and usefulness in the publication, compilation, distribution and preservation of the written materials defined as government documents; 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:

MONDAY, JANUARY 18, 1971

231

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent
Dixon
Drury
Edwards

Egan Evans Ezzard Parrar Felton Eraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lane, Lick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Leggett Lewis Logan Longino Mason Matthews, C.
Matthews, D. R.
Mauldin
Maxwell

McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smtih, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles
Triplett
Tripp
Turner

232
Vaughn Wamble Ware

JOURNAL OF THE HOUSE,

Westlake Wheeler, J. A. Whitmire

Williams Wilson Wood

Those not voting were Messrs.:

Colwell Cook Dorminy Floyd, J. H. Floyd, L. R. Harrison Hood Hudson, Ted

Jones, J. R. Lambert Larsen, W. W. Lee, W. S. Levitas Lowrey Marcus Moore

Moyer Peters Russell, A. B. Russell, W. B. Smith, J. R. Townsend Wheeler, Bobby Mr. Spaker

On the passage of the Bill, the ayes were 171, nays 0.

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

HB 56. By Messrs. Brown, Scarborough, Pinkston and Bennett of the 81st and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act providing the procedures for searches and seizures and for suppression of evidence illegally seized, as amended, so as to provide that nothing contained within said Act shall be construed to preclude a judge of the superior court who is acting as a "judicial officer" from issuing a search warrant for execu tion in any county of his judicial circuit irrespective of which county he may be sitting in at the time of issuance; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Mr. Hill of the 94th moves to amend HB 56 by striking "Section 2." in its entirety, including "Section 13A", and renumbering "Section 3." to read as "Section 2."

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:

MONDAY, JANUARY 18, 1971

233

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards
Egan
Evans

Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Marcus Mason Matthews, C.
Matthews, D. R.
Mauldin

Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow S orrells Stephens Strickland
Sweat
Thomason

234
Thompson Toles Triplett Tripp Turner

JOURNAL OF THE HOUSE,

Vaughn
Wamble Ware Westlake Wheeler, J. A.

Whitmire
Williams Wilson Wood

Those not voting were Messrs.:

Atherton
Bohannon Chandler Colwell Cook Floyd, J. H. Gunter

Harrington
Hood Hudson, C. M. Hudson, Ted Larsen, W. W. Levitas Lowrey

Moore Phillips, W. R. Townsend. Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 176, nays 0.

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

HB 62. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend the provisions of Code of Georgia relating to contracts, promissory notes, and any other consensual trans actions of minors who are 18 years old or older shall be valid and bind ing; and for other purposes.

Mr. Pickard of the 84th moved that HB 62 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, John Alexander, W. H. Bennett, Tom
Berry Black Brantley, H. H.
Bray Carr Chance Chappell

Cheeks Clements Colwell Coney, G. D. Coney, J. L. Conger Daugherty Dean, Gib Dean, N. Fraser

Griffin Ham Hamilton Harrison Johnson Jones, Herb Keyton King Knowles Lambert

MONDAY, JANUARY 18, 1971

235

Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Mason Mauldin Maxwell
McCracken Melton Miles Moore Murphy

Nessmith Northcutt Odom Oxford Peters Pickard Poole Rush Russell, H. P. Shanahan Sims

Strickland Sweat Thomason Toles Tripp Vaughn Wheeler, Bobby Williams Wilson Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Blackshear Bohannon Bond Bostick
Bo wen Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Busbee Carter Cole Collier Collins, M. Collins, S. Connell Dailey Davis, E. T. Davis, W. Dean, J. E. Dent Dixon Dorminy Drury Edwards

Egan Evans Ezzard Felton Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Granade Greer Harrington Harris
Hawes Hays Hill, B. L. Hill, G. Horton Howard Hudson, C. M. Hutchinson Isenberg
Jessup Jones, J. R. Jordan Kreeger Lane, Dick Larsen, G. K. Leggett Levitas Lewis Marcus McDaniell McDonald Merritt

Milford Miller Morgan Moyer Mulherin Noble Nunn Patterson Patten Pearce Phillips, G. S. Phillips, L. L.
Rainey Reaves Ross Russell, A. B. Russell, W. B. Salem Savage Scarborough Shepherd
Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Thompson Triplett Turner Wamble Westlake Wheeler, J. A.
Whitmire

236

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Brantley, H. L. Chandler Cook Farrar Floyd, J. H. Gary Grantham Gunter Hadaway Hood

Housley Howell Hudson, Ted Knight Larsen, W. W. Logan Longino Lowrey Matthews, C. Matthews, D. R.

Mullinax Phillips, W. R. Pinkston Potts Roach Townsend Ware Mr. Speaker

On the motion to table, the ayes were 62, nays 105.

The motion to table was lost.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D.
Alexander, W. M. Battle Bell Bennett, J. T. Blackshear Bohannon Bond Bostick Bowen Brown, B. D. Brown, C. Buck Burruss Carter
Chappell Cole
Collier Collins, M. Collins, S. Connell
Davis, E. T.

Dean, J. E.
Dixon Dorminy Drury Egan Evans Ezzard Felton Floyd, L. R. Gaynor Gignilliat Grahl Granade Greer Hadaway
Hawes Hays
Hill, B. L. Hill, G. Horton Howard
Hudson, C. M.

Hutchinson
Jones, J. R. Kreeger Lane, Dick Larsen, G. K. Leggett Lewis Marcus Matthews, D. R. Maxwell McDonald Melton Merritt Milford Miller
Moyer Mulherin
Noble Nunn Patterson Patten
Pearce

MONDAY, JANUARY 18, 1971

237

Phillips, G. S. Phillips, L. L. Poole Reaves Ross Russell, A. B. Russell, W. B.

Salem
Savage Shepherd Sherman Sims Smith, V. T. Snow

Sorrells Stephens Sweat Thompson Tripp Turner Westlake

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield
Bennett, Tom
Berry Black Brantley, H. H. Bray Busbee Carr Chance Cheeks Clements
Coney, G. D. Coney, J. L. Conger Dailey Daugherty Dean, Gib Dean, N. Dent Farrar Fraser Geisinger

Grantham Griffin Ham Hamilton
Harrington Harris Harrison Howell Isenberg Johnson
Jones, Herb Jordan
Keyton King Knowles Lambert Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Levitas Logan Longino Mason Matthews, C. Mauldin McCracken Miles

Moore Morgan Murphy Nessmith Northcutt Odom Oxford Peters Pickard Rainey Rush Russell, H. P. Shanahan Smith, H. R. Smith, J. R. Strickland Thomason Toles Triplett Vaughn Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Brantley, H. L. Brown, S. P. Chandler Colwell Cook Davis, W. Edwards Floyd, J. H. Gary Gunter

Hood Housley Hudson, Ted Jessup Knight Larsen, W. W. Lowrey McDaniell Mullinax Phillips, W. R.

Pinkston Potts Roach Scarborough Townsend Wamble Ware Mr. Speaker

238

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 87, nays 80.

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

Mr. Scarborough of the 81st stated that he had been called from the floor of the House when the roll was called on the passage of HB 62, but had he been present would have voted "nay".

Mr. Felton of the 95th 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 62.

HB 21. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia, and to amend Code Section 113-903 relative to the rules of inheritance, so as to provide that adopted persons shall inherit from other adopted persons when both are adopted by a mutual parent; and for other purposes.

The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 21.
By inserting before the words "to repeal" on Line 6 of page 1 the following:
"to provide that adopted children and natural children shall inherit equally and from each other",
and by inserting before the words "child of the" on Line 15 of page 1 the following:
"natural",
and by inserting after the words "shall also decree' " on Line 17 of page 1 the following:
"and by inserting before the words 'may inherit from' in the 7th sentence of Section 11 the following:
'and any natural or other adopted child of the petitioner or petitioners' ",

MONDAY, JANUARY 18, 1971

239

and by inserting before the words "child of the" on the 26th line of page 2 the following:

"natural",

and by inserting before the words "may inherit from" on the 32nd line of page 2 the following:

"and any natural or other adopted child of the petitioner of petitioners",

and by striking from the 31st line of page 3 the following:

"When the intestate is an adopted person, brothers"

and by inserting in lieu thereof the following:

"Brothers",

and by inserting after the words "inherit equally" the following:'

"from each other",

and by striking from the 10th and llth lines of page 4 the following:

"When the intestate is an adopted person, brothers"

and by inserting in lieu thereof the following:

"Brothers",

and by inserting after the word "equally" on the 15th line of page 4 the following:

"from each other".

The following amendment was read and adopted:
Mr. McCracken of the 36th moves to amend HB 21 by striking the sentence beginning on page 2, line 17 and inserting in lieu thereof a new sentence to read as follows:
"Any person objecting to the entry of a final order of adoption shall file such objection in writing at least ten (10) days prior to the date assigned for the hearing and the last date for filing objections shall be included in the order assigning the application for a hearing and shall also be stated in the published notice

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JOURNAL OF THE HOUSE,

when the application is served by publication which said objections shall be passed on by the court at such hearing.",

and by amending the caption accordingly.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P.
Buck Burruss Busbee Carr Carter Chance Chandler Chappell
Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell

Coney, G. D. Coney, J. L. Conger Connell
Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent
Dixon Dorminy Drury Edwards, W. Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Geisinger Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison

Hawes Hays Hill Horton Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan, H. S. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell

Melton Miles Milford Miller Moore
Morgan Moyer Mulherin Mullinax
Murphy Noble Northcutt Nunn Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R.

MONDAY, JANUARY 18, 1971

241

Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R.

Smith, J. R. Smith, V. T. Snow Stephens Strickland
Sweat Thompson
Toles Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Odom.

Those not voting1 were Messrs.:

Alien Battle Blackshear Floyd, J. H. Gary Gaynor Gignilliat Hill
Hood

Housley Hudson, Ted Jones, Herb Larsen, W. W. Lowrey McDonald Merritt Nessmith Oxford

Phillips, G. S. Scarborough Sorrells Thomason Townsend Triplett Tripp Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 1.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 11. By Messrs. Chandler of the 34th, Colwell of the 5th, Sweat of the 65th, Kreeger of the 117th and Toles of the 9th: A Bill to be entitled an Act to amend an Act providing the procedures under which surplus State-owned property shall be disposed of, so as to authorize the Supervisor of Purchases to transfer surplus property to

242

JOURNAL OF THE HOUSE,

counties, municipalities and other political subdivisions by negotiated
sale, when the negotiated sales price is not necessarily the highest bid for such property, under certain conditions; to 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, G. D. Adams, John Alexander, W. H. Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell
Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D.

Coney, J. L. Conger Connell Cook Dailey
Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, L. R.
Fraser Gary Geisinger Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays

Hill, B. L. Hill, G. Horton Housley Howard Hutchinson Isenberg Jessup Johnson
Jones, J. R. Jordan Keyton Knight
Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles

Milford Miller Moore Morgan Moyer
Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom
Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. E. Pickard

MONDAY, JANUARY 18, 1971

243

Pinkston Poole Potts Rainey Reaves
Roach Ross Rush
Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan
Shepherd Sherman Sims Smith, H. R.
Smith, J. R.

Smith, V. T. Snow Sorrells Strickland
Sweat Thomason
Thompson Toles Tripp Turner Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. King.

Those not voting were Messrs.:

Adams, Marvin Alien Battle Blackshear Egan Floyd, J. H. Gaynor Gignilliat Hadaway

Hood
Howell Hudson, C. M. Hudson, Ted Jones, Herb Larsen, W. W. Lowrey
Merritt Oxford

Phillips, G. S. Stephens
Townsend Triplett Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 169, nays 1.

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

The following Resolutions of the House were read and adopted:

HR 60. By Mr. Smith of the 43rd:
A RESOLUTION
WHEREAS, the municipal officials of Georgia are in Atlanta today for their midwinter Legislative Conference; and

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JOURNAL OF THE HOUSE,

WHEREAS, the municipalities of Georgia provide the basic serv ices of government to the majority of citizens in Georgia so as to ensure the health, welfare, and happiness of such citizens, and

WHEREAS, the officials, both elected and appointed, of these gov ernments serve untiringly and diligently to further the ends of demo cratic government.

NOW, THEREFORE BE IT RESOLVED THAT, the House of Representatives recognizes these officials and pays tribute to them on this January 18, 1971, Mayors' Day.

HR 61. By Messrs. Felton of the 95th, Smith of the 43rd, Busbee of the 61st, Williams of the llth, Lane of the 101st and many others:
A RESOLUTION
Expressing regrets at the passing of Dr. Pierce Harris; and for other purposes.
WHEREAS, Dr. Pierce Harris, Pastor Emeritus of the First Meth odist Church of Atlanta passed away Thursday, January 14, 1971, at the age of 75; and
WHEREAS, he was Pastor of the First Methodist Church for 25 years, during which time he delivered more than 5,000 sermons and paved the way for 6,000 new members to join his congregation; and
WHEREAS, his church is the only church that has a record of having received at least one new member per Sunday for 25 consecutive years; and
WHEREAS, Dr. Pierce Harris gave much of his time to civic and educational interests, serving on the Board of Trustees of Reinhardt College and as Chairman of the Cancer Crusade in Atlanta; and
WHEREAS, he was born in Floyd County and was a graduate of Reinhardt College and Emory University at Oxford, after which he served as a history professor at Reinhardt College, later serving pas torates in Buford, Dalton, Columbus, and Jacksonville, Florida, before coming to Atlanta; and
WHEREAS, he was a member of the Atlanta Athletic Club and the Rotary Club, and he was also widely regarded as a convention speaker; and
WHEREAS, in his younger years Dr. Pierce Harris played profes sional baseball on teams in the Georgia, Alabama, Cotton States, South ern and American Leagues, and he was winner of more than 80 golf trophies; and

MONDAY, JANUARY 18, 1971

245

WHEREAS, he wrote a regular column for the Atlanta Journal from 1943 until 1966, and he was the author of a book; and

WHEREAS, he is survived by his daughter, Mrs. Beuren Hender son, and his sister, Mrs. William Boyst.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body hereby expresses its sincerest regrets at the passing of Dr. Pierce Harris, and further expresses its deepest sympathy to his sister and daughter.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mrs. Beuren Henderson, Mrs. William Boyst, and the Chairman of the Administra tive Board of the First Methodist Church of Atlanta.

Pursuant to the provisions of Code Chapter 47-10, as amended, the fol lowing communications from the Honorable Ben W. Fortson, Jr., Secretary of State, were received:

SECRETARY OF STATE State Capitol Atlanta

January 18, 1971

Honorable Glenn W. Ellard Clerk House of Representatives State Capitol Atlanta, Georgia 30334

Dear Jack:

I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearances from 10:00 A.M. Monday, January 11, 1971 until 4:30 P.M. Friday, January 15, 1971, pursuant to Act No. 1294, Georgia Laws, 1970.

With best wishes, I am

Enclosures

Sincerely your friend, /a/ Ben W. Fortson Jr.
Secretary of State
STATE OF GEORGIA Office of Secretary of State

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify that the five pages of photographed matter hereto

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JOURNAL OF THE HOUSE,

attached contain the names of those persons (numbered 119 - 163), along with the names of the respective persons, firms, corporations or asso ciations they represent, who have registered in the Docket of Legisla tive Appearances, as of 4:30 P.M., Friday, January 15, 1971.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-One and of the Independence of the United States of America the One Hundred and Ninety-Fifth.

/s/ Ben W. Fortson Jr. Secretary of State.
119. Adron Harden Georgia Farm Bureau Federation 2374 Ingleside Avenue Macon, Georgia 30295
120. Herbert H. Mabry Georgia State AFL-CIO 501 Pulliam Street Room 549 Atlanta, Georgia 30312
121. Gordon Padgett Brotherhood of Maintenance of Way 512 Johnston Street Savannah, Georgia 31405
122. Norman Duncan J. C. Penney Co., Inc. P. 0. Box 206 Dallas, Texas 75221
123. DuPree Jordan, Jr. Association of Private Colleges and Universities in Georgia 3330 Peachtree Road, N. E. Suite 557 Atlanta, Georgia 30326
124. L. W. Wilson United Transportation Union--C 2085 Heckle Street Augusta, Georgia 30904
125. Mrs. Roger McMillan Reeb Atlanta Branch, AAUW 164 Peachtree Hills Avenue, N. E. Atlanta, Georgia 30305
126. Mayor R. E. Brown Citizens and City of East Point City Hall East Point, Georgia 30344

MONDAY, JANUARY 18, 1971

247

127. Bernita D. Bennette REGISTERED AGENT 1. Martin Luther King, Jr. Foundation 2. Southern Christian Leadership Conference 334 Auburn Avenue, N. E. Atlanta, Georgia 30303

128. Lee Williams Georgia Association of Real Estate Boards 333 Candler Building Atlanta, Georgia 30303

129. Solomon Jackson, Jr. REGISTERED AGENT 1. Georgia Voter's League 2. Statewide Registration Committee 1425 Simpson Road, N. W. Apartment F-12 Atlanta, Georgia 30314

130. Frank Jones REGISTERED AGENT 1. Georgia Voter's League 2. Statewide Registration Committee 328 Bowen Circle, S. W. Apartment 2 Atlanta, Georgia 30315

131. Verner H. Thompson United Automobile Workers 2572 Graywall Street East Point, Georgia 30344

132. Walter L. Boyd Amalgamated Transit Union 501 Pulliam Street Atlanta, Georgia 30312

133. C. J. Jacobs Amalgamated Transit Union 501 Pulliam Street Atlanta, Georgia 30312

134. Richard G. Wilkins Sears, Roebuck and Co.
D766S 675 Ponce de Leon Avenue, N. E. Atlanta, Georgia 30308

135. Jack K. Acree Georgia School Boards Association, Inc. 1702 Council Bluff Drive, N. E. Atlanta, Georgia 30345

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JOURNAL OF THE HOUSE,

136. John P. Stevens First National Bank P. O. Box 4148 Atlanta, Georgia 30303

137. Robert P. Derrick Georgia Society of Professional Engineers P. O. Box 1383 Atlanta, Georgia 30301

138. W. Stell Huie Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Building Atlanta, Georgia 30303

139. Judge G. Sisk National Association of Retired and Veteran Railway Employees
390 Lake Drive Hapeville, Georgia 30554

140. Kathleen M. Mull Georgia Association of Licensed Practical Nurses, Inc. Route 2, Box 1086 Hampton, Georgia 30228

141. Dr. Sid Williams Georgia Chiropractic Association P. O. Box 37 Austell, Georgia 30001

142. Richard 3. Burrell Household Finance Corporation 1977 Farris Drive Decatur, Georgia 30032

143. Mel Gerber, Jr. Theatre Owners Box 391 Columbus, Georgia 31902

144. Mabel Owen Atlanta-Fulton County League of Women Voters 1610 Nottingham Way, N. E. Atlanta, Georgia 30309
145. Preston M. Collins Southern Bell Telephone and Telegraph Co. 805 Peachtree Street, N. E. Atlanta, Georgia 30308

MONDAY, JANUARY 18, 1971

249

146. Charles L. Skinner Georgia Motor Trucking Association 500 Piedmont Avenue, N. E. Atlanta, Georgia 30308

147. Abit Massey Georgia Poultry Federation P. O. Box 763 Gainesville, Georgia 30501

148. George C. Spence REGISTERED AGENT 1. Georgia Osteopathic Medical Association 2. Metro Atlanta Plumbing Contractors Assn. 147 Huntington Road, N. E. Atlanta, Georgia 30309

149. Charles A. Henson, Jr. Georgia Association of Assessing Officials 165 Central Avenue, S. W.
Room 104 Atlanta, Georgia 30303

150. E. Glenn Laney, Jr. Georgia Association of Assessing Officials 165 Central Avenue, S. W. Room 104 Atlanta, Georgia 30303

151. William A. Moore Georgia Milk Producers Association 177 Washington Street, S. W. Atlanta, Georgia 30303

152. Glenn A. Tatum, Jr., D.D.S. Georgia Dental Association 1353 Clairmont Road Decatur, Georgia 30033
153. Daniel D. Jackson International Association of Fire Fighters 29 Skyline Drive Savannah, Georgia 31406
154. Mrs. James H. Carter Georgia Division AAUW 981 Eulalia Road, N. E. Atlanta, Georgia 30319
155. Chris Westlake Young People of DeKalb County 3903 Westside Place Ellenwood, Georgia 30049

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JOURNAL OF THE HOUSE,

156. Charles L. Games Fulton County Government 1313 First National Bank Building Atlanta, Georgia 30303

157. William B. Pirkle Citizens of East Point, Fulton County, and self 2516 Jefferson Terrace East Point, Georgia 30344

158. Henrietta Bowen National Association of Social Workers, North Georgia Chapter 124 Lafayette Drive, N. E. Apartment 3 Atlanta, Georgia 30309

159. Paul L. Hanes Georgia Beer Wholesalers 100 Peachtree Street, N. E. Atlanta, Georgia 30303

160. Ken Krautter American Taxpayers Association 121 - 8th Street, N. E. Apartment 4 Atlanta, Georgia 30308

161. Robert C. Bock Georgia Association of Independent Insurance Agents 1252 West Peachtree Street, N. W. Atlanta, Georgia 30309

162. Ray W. Gunnin Association of County Commissioners of Georgia Box 49 Spalding Drive Norcross, Georgia 30071

163. Terrell W. Hill MARTA 15B Innwood Circle, N. E. Atlanta, Georgia 30309

As of Friday, January 15, 1971 4:30 P.M.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:30 o'clock, Tuesday morning, January 19, 1971, and the motion prevailed.

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

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251

Representative Hall, Atlanta, Georgia Tuesday, January 19, 1971

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. Reid Cameron, Pastor, First Presbyterian Church, Cuthbert, Georgia:
We pray this day for the world. Bring peace through its strife.
We pray for this nation--of which we are a vital part. Use this country of ours as an instrument of Thy peace.
We would intercede for this state--its officials and citizens. Especially, we pray for this body, and the decisions it must make. Remind them of their tremendous responsibility for representative gov ernment. Thru Thy Spirit, guide and direct each representative, and remind us all of our commitment to Thee--to the end that Thy will be done.
In the name of Jesus. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.

Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T.

Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter

252
Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Leggett Levitas Logan Longino Marcus

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Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton
Merritt Miles Milford
Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford
Patterson Patten Pearce
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves

Roach Ross
Rush Russell, A. B.
Russell, H. P. Russell, W. B. Savage Shanahan
Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn
Wamble Ware
Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood

The members of the Committee on Ways and Means were in a committee meeting when the roll was called and were therefore unable to answer to their names.

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.

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253

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 Bills and Resolutions of the House "were introduced, read the first time and referred to the committees:

HB 132. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to redefine the area of operation of a city housing authority by limiting said area of operation to the corporate limits of such city, except under certain circumstances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 133. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide compensation for wages lost by certain employees who are required to serve on juries of courts created pursuant to the constitutions and laws; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 134. 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 16 years of age or older, or is at least 12 years old and is accompanied by a person who is 16 years of age or older; and for other purposes.
Referred to the Committee on Game and Fish.

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HB 135. By Messrs. Miles of the 78th, Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act entitled "The Act Creat ing the Public School Employees' Retirement System", so as to change the membership of the Board of Trustees of the Public School Em ployees' Retirement Funds; and for other purposes.
Referred to the Committee on Retirement.

HR 55-135. By Mr. Scarborough of the 81st: A Resolution compensating Johnie Parsons, Jr.; and for other purposes-
Referred to the Committee on Appropriations.

HR 56-135. By Mr. Scarborough of the 81st: A Resolution compensating Mattie Lena Gunn; and for other purposes.
Referred to the Committee on Appropriations.

HR 57-135. By Mr. Hill of the 97th: A Resolution compensating Richard Lee Apel; and for other purposes.
Referred to the Committee on Appropriations.

HR 58-135. By Mr. Lewis of the 37th: A Resolution compensating Mr. Buddy Benton; and for other purposes.
Referred to the Committee on Appropriations.

HR 59-135. By Mr. Lewis of the 37th:
A Resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 136. By Messrs. Nunn and Moyer of the 41st, Ham of the 33rd, Smith and Turner of the 3rd, Smith and Adams of the 39th, Gaynor of the 88th, Bostick of the 63rd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, so as to provide for benefits for additional service; and for other purposes.
Referred to the Committee on Retirement.

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255

HB 137. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to define the pay and allowances of the Adjutant General; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 138. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend the "Insurance Premium Finance Company Act", so as to provide that when a financed insurance con tract is cancelled the insurer shall file with the agent, agency or broker placing the insurance, a report setting forth an itemization of the earned and unearned premiums under such policy; and for other purposes.
Referred to the Committee on Insurance.
HB 139. By Messrs. Grantham of the 55th, Wheeler of the 57th, Drury of the 66th and Sweat of the 65th:
A Bill to be entitled an Act to provide an expense allowance for the operation of the office of the District Attorney of the Waycross Judi cial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
HB 140. By Messrs. Moore of the 6th, Phillips of the 50th, Farrar of the 77th and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the calculation of the amounts to be raised by local units of administration in support of the Minimum Foundation Program of Education; and for other purposes.
Referred to the Committee on Education.
HB 141. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor; and for other purposes.
Referred to the Committee on Judiciary.

HR 62-141. By Mr. Matthews of the 16th:
A Resolution compensating Mr. Jimmie E. Thomas; and for other purposes.
Referred to the Committee on Appropriations.

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HB 142. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide the procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of such courts; and for other purposes.
Referred to the Committee on Judiciary.

HB 143. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act providing for members of Police Departments in cities having a population of 150,000 or more, so as to provide that there shall be changed from 10 to 5 years the period of active service required of an employee before compensation would become payable by virtue of the death of such employee other than in line of duty; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 144. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend the Act providing that cities having a population of more than 150,000 shall furnish pensions to offi cers and employees of such cities, so as to provide that there shall be changed from 10 to 5 years the period of active service required of an employee before compensation would become payable by virtue of the death of such employee, other than in line of duty; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 145. By Mr. Savage of the 104th:
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 provide for the payment of a pension to the widow of any member or pensioner whose death should occur not in line of duty but after such member had completed 5 years of active service or employment prior to his death; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 146. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend the Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees, so as to provide that credit granted to teachers

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257

for prior service shall be for service rendered within the county in which such city is located in whole or in part; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 147. By Mr. Adams of the 100th:

*

A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, so as to make certain persons eligible to become members of the retirement fund; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 148. By Messrs. Adams of the 100th, Smith of the 43rd, Levitas and Thomason of the 77th, Buck of the 84th, Lane of the 101st, Snow of the 1st and others:
A Bill to be entitled an Act to amend an Act establishing a merit system of personnel administration for State employees, so as to pro vide a procedure 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 Retirement.

HR 63-148. By Mr. Adams of the 100th: A Resolution compensating Mrs. Nola Waldrip; and for other purposes.
Referred to the Committee on Appropriations.

HR 64-148. By Mr. Davis of the 86th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead exemption does not apply to ad valorem taxes levied by counties for school purposes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 149. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend the Act establishing the State Employees' Retirement System, so as to delete the provision prohibit ing credit for prior service for certain members who are civilian en> ployees of the Army or Air National Guard of Georgia; and for other purposes.
Referred to the Committee on Retirement.

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HB 150. By Messrs. Leggett and Isenberg of the 67th, and Bohannon of the 20th:
A Bill to be entitled an Act to provide for the certification of factorybuilt housing and for the establishment of uniform health and safety standards and inspection of factory-built housing; and for other pur poses.
* Referred to the Committee on Industry.

HB 151. By Messrs. Murphy of the 19th and Coney of the 118th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Tallapoosa Judicial Circuit of Georgia; and for other purposes.
Referred to the Committee on Judiciary.

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

HB 94. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to provide that no automobile liability policy or motor vehicle liability policy shall be issued or delivered unless it contains an uninsured motorist endorsement; and for other purposes.

HB 95. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 59-108, relating to jury boxes, so as to provide that each county shall have one traverse jury box from which all courts of the county shall select jurors; and for other purposes.

HB 96. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to implement a constitutional amendment authorizing the increase of retirement or pension benefits of retired persons who retired pursuant to the Teachers' Retirement System Act; and for other purposes.

HB 97. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers* Retirement System, so as to provide that in the case of retirement of any member of the Teachers' Retirement System prior to his attaining

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259

the age of 62 years the service allowance shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years; and for other purposes.

HB 98. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a Teachers' Retirement System, so as to delete the requirement that a member obtain advance approval from the Board of Trustees in the event he desires to pursue full-time study which will require a break of service of more than two years; and for other purposes.

HB 99. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, so as to provide that the expense fund shall be the fund to which shall be credited the State funds or federal funds to pay the administrative expenses of the retirement system; and for other purposes.

HB 100. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the public and State supported schools, so as to delete the prohibition against providing increased retirement funds to members who have retired after July 1, 1961; and for other purposes.

HB 101. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, so as to change the name of the "Georgia Education Association'' to the "Georgia Association of Educators"; and for other purposes.

HB 102. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, so as to amend subsection (5) of Section 1 by changing the names of the "Georgia Education Association" to the "Georgia Association of Educators"; and for other purposes.
HB 103. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, so as to change the minimum and maximum rates

260

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of regular interest for use in all calculations required in connection with the Teachers' Retirement System; and for other purposes.

HB 104. By Messrs. Farrar of the 77th and Buck of the 84th:
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 who is an active member of the Teachers' Retirement System shall be entitled to receive credit for teaching service in other state school systems, state supported independent school systems or American dependents schools; and for other purposes.
HB 105. By Messrs. Matthews of the 63rd, Hudson of the 48th, Wheeler of the 57th, Grantham of the 55th, Reaves of the 71st, Chance of the 44th and Carter of the 64th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Meat Inspection Act", so as to provide for the inspection of meat and meat products by the Commissioner of Agriculture in retail establish ments and in food service establishments; and for other purposes.

HB 106. By Messrs. Matthews and Patten of the 63rd, Reaves of the 71st, Collins of the 62nd, Russell of the 70th, Hudson of the 28th, Grantham of the 55th, Carter of the 64th and Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Meat Inspection Act", so as to repeal the provision of Section 14(a) which prohibits the custom slaughterer from buying and selling meat capable of use as human food; and for other purposes.

HB 107. By Mr. Jordan of the 47th:
A Bill to be entitled an Act to amend Chapter 36-6 of the Code of Georgia, relating to appeals and final judgments in condemnation proceedings, so as to provide that valuations submitted in tax returns shall be admissible as evidence in jury trials determining condemnation awards; and for other purposes.

HB 108. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell of the 70th, Hadaway of the 27th, Wheeler of the 57th, Strickland of the 56th and Hudson of the 28th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render the same free of any infectious or contagious disease which might affect domestic animals or human beings, so as to prohibit the feeding of garbage to swine; and for other purposes.

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261

HB 109. By Messrs. Matthews of the 63rd and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act prohibiting the purchase of any passenger automobile by any department, institution, bureau or agency of this State, so as to provide that the Department of Agriculture shall be authorized and empowered to purchase passengercarrying automobiles through the Supervisor of Purchases for the use of the Agriculture Department employees while engaged in their official duties; and for other purposes.

HB 110. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create the Georgia State Board of Electrical Contractors; and for other purposes.

HB 111. By Messrs. Nunn of the 41st, Odom and Lee of the 61st, Patterson of the 20th, Dean of the 19th, Moore and Gunter of the 6th, Greer of the 95th and others:
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; and for other purposes.

HB 112. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the taxation of motor fuel, so as to provide for an increase in the motor fuel excise tax; and for other purposes.

HB 113. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act", which is entitled an Act to merge the Georgia Rural Roads Authority, known as the "Georgia Rural Authority Act"; and for other purposes.

HB 114. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code relating to motor fuel taxes and known as the "MotorFuel Tax Law", so as to provide for a partial refund of motor fuel tax to certain governmental units; and for other purposes.

HB 115. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act relating to the negotiation of contractors by the State Highway Director and/or State Highway Department; and for other purposes.

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HB 116. By Messrs. Collins of the 72nd and Russell of the 77th:
A Bill to be entitled an Act to amend Code Chapter 30-1, relating to divorce, so as to provide that on the written application of any party to a divorce proceeding, the court shall issue order prohibiting removal from this State of the children whose custody is involved and requiring the child to be produced at court; and for other purposes.

HB 117. By Messrs. Bowen and Rainey of the 47th, Bostick of the 63rd: A Bill to be entitled an Act establishing the State Employees' Retire ment System, so as to change the provisions relating to former em ployees; and for other purposes.
HB 118. By Messrs. Cheeks, Miles and Mulherin of the 78th, Smith and Sherman of the 80th, Connell and Dent of the 79th: A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, so as to change the provisions relative to delivering summons and affidavits; and for other purposes.
HB 119. By Messrs. Buck of the 84th, Bostick of the 63rd, Bowen of the 47th, Thomason and Levitas of the 77th, Berry of the 85th and others: A Bill to be entitled an Act to establish a State Commission on Com pensation to assist the General Assembly in setting the compensation of constitutional State officers and full-time heads of State agencies, authorities, boards, bureaus, commissions, committees and departments whose compensation is set by Act of the General Assembly; and for other purposes.
HB 120. By Mr. Lane of the 101st: A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the City of Hapeville", so as to provide for increased pay ments to the pension fund by the City; and for other purposes.
HB 121. By Messrs. Lee, Northcutt and Lee of the 21st: A Bill to be entitled an Act to amend Code Section 29-101, relating to requisites of a deed of lands, so as to require a deed of lands to contain the address of the grantee; and for other purposes.
HB 122. By Mrs. Hamilton of the 112th, Messrs. Lane of the 101st, Adams of the 100th, Felton of the 95th, Marcus of the 105th, Larsen of the 113th and others: A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to change the length of the terms of Com missioners in certain cities; and for other purposes.

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263

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to be entitled an Act to amend an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), so as to increase the excise tax on, cigarettes; to impose an excise tax on cigarettes held or possessed by every dealer or distributor of cigarettes on the effective date on this Act; and for other purposes.

HB 124. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to provide for a minimum base pay; and for other purposes.

HB 125. By Mr. Ware of the 30th: 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 compensation received for active and inactive duty training as a member of the Georgia National Guard; and for other purposes.
HB 126. By Mrs. Merritt of the 46th, Messrs. Matthews and Patten of the 63rd, Grantham of the 55th, Hudson of the 48th, Reaves of the 71st and Collins of the 62nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Food Act", so as to define the term "food sales establishment"; and for other purposes.
HR 52-126. By Messrs, Collins and Geisinger of the 72nd, Westlake, Floyd and Granade of the 75th, Floyd of the 75th and others: A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for shorter periods of county residence for persons to be allowed to vote for State elective officials; and for other purposes.
HR 53-126. By Messrs. Dean of the 76th, Hood of the 99th, Shepherd of the 107th, Dent of the 79th, Ezzard of the 102nd and others:
A Resolution creating the Georgia Human Rights Commission; and for other purposes.
HR 54-126. By Messrs. Smith of the 43rd, Edwards of the 45th, Larsen of the 42nd, Hadaway of the 27th, Lewis of the 37th, Wilson of the 117th, Smith of the 39th, Roach of the 10th, Wamble of the 69th and others: A Resolution making application to the Congress of the United States

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to call a convention for the purpose of proposing an amendment to the Constitution of the United States relating to proportionate income taxes to state governments; and for other purposes.

HB 127. By Mr. Lane of the 44th:
A Bill to be entitled an Act to amend Code Section 40-1404, relating to the compensation of the Comptroller General, so as to change the compensation of the Comptroller General; and for other purposes.

HB 128. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to change the method of allocating such grants; and for other purposes.

HB 129. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act providing for grants to counties of this State to be used for any public purpose, so as to change the method of allocating such grants from a mileage basis to a popula tion basis; and for other purposes.

HB 130. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary and allowance of members and officials of the General Assembly, so as to change the annual salary of members of the General Assembly; and for other purposes.

HB 131. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to provide for grants to certain incorporated municipalities of this State to be used for any public purposes, except paying the salaries of elected municipal officers; and for other purposes.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under

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265

consideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HR 54-126. Do Pass.

Respectfully submitted, Levitas of the 77th, 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 119. Do Pass.
Respectfully submitted, Buck of the 84th, 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 following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 123. Do Pass, as amended.
Respectfully submitted, Melton of the 32nd, Chairman.
Mr. Felton of the 95th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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HB 62. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend the provisions of Code of Georgia relating to contracts, promissory notes, consensual transactions, deeds, security deeds and conveyances of property, as amended, so as to pro vide that the contracts, promissory notes, and any other consensual transactions of minors who are 18 years old or older shall be valid and binding; to repeal conflicting laws; and for other purposes.

The motion prevailed and HB 62 was reconsidered.

Mr. Felton of the 95th moved that said HB 62 be recommitted to the Com mittee on Special Judiciary for further study.

The motion prevailed and HB 62 was recommitted to the Committee on Special Judiciary.

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

HB 23. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 105-1306, relating to actions for the homicide of a wife or mother, so as to delete the requirement that any illegitimate child or children must be dependent upon the mother in order to recover for the homicide of the mother; and for other purposes.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle

Bell Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Carr

Carter Chance Chappell Cheeks Clements Cole Collier Coiling, M. Collins, S. Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Ham Hamilton Harrington Harris Hays Hill, B. L. Horton Housley

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267

Howard Howell Hudson, C. M. Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Merritt Milford Miller Morgan Moyer Mulherin Murphy Nessmith Noble Northcutt Nunn Odom

Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bennett, J. T.

Lee, W. J. (Bill)

Ross

Those not voting were Messrs.:

Barfield Black

Brown, C. Busbee

Chandler Colwell

268
Conger Davis, E. T. Dixon Floyd, J. H. Greer Griffin Gunter Hadaway Harrison

JOURNAL OF THE HOUSE,

Hawes Hill, G. Hood
Hudson, Ted Jessup
Larsen, W. W. Lowrey
Melton Miles

Moore Mullinax Russell, A. B.
Scarborough Sorrells
Sweat Vaughn
Ware Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 3.

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

HB 31. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act providing 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, so as to provide that said Act shall also apply to cases before the Georgia Supreme Court on denial of a petition for a writ of habeas corpus; and for other purposes.

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, W. H. Blackshear Bohannon
Bond Brown, B. D. Brown, S. P. Chappell
Clements Coney, G. D. Coney, J. L. Connell Cook Daugherty Dean, J. E.
Dent
Egan

Evans Ezzard Farrar
Geisinger Ham Hamilton Hawes
Hays Hill, B. L. Hutchinson Keyton Larsen, G. K. Levitas Longino
Matthews, C.
Merritt

Miller Morgan Mulherin
Pearce Phillips, G. S. Pinkston Russell, W. B.
Savage Shepherd Sims Smith, H. R. Snow Thompson Townsend
Williams

TUESDAY, JANUARY 19, 1971

269

Those voting in the negative were Messrs.:

Adams, G. D.
Adams, John Adams, Marvin Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T.
Bennett, Tom Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Burruss Busbee Carr Carter Chance Cole Collier Collins, M. Collins, S. Conger Dailey Davis, W. Dean, Gib Dean, N. Dixon Drury Edwards Floyd, L. R. Fraser Gary Gaynor Gignilliat

Granade Grantham Griffin Gunter
Hadaway Harrington Harrison Housley Howard
Hudson, C. M. Isenberg Jessup Johnson
Jones, Herb
Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett
Logan Marcus Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Milford Moore Moyer

Murphy Noble Northcutt Nunn Oxford Patterson
Patten Peters Phillips, L. L. Phillips, W. R.
Poole Potts Reaves Roach Ross
Rush Russell, A. B.
Russell, H. P. Salem Shanahan
Sherman Smith, J. R. Smith, V. T. Stephens Strickland
Sweat Toles Triplett
Ware Westlake Wheeler, Bobby Wheeler J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Atherton Berry Black Bostick Buck Chandler Cheeks Colwell Davis, B. T. Dorminy Pelton Floyd, J. H. Grahl

Greer Harris, J. F. Hill, G. Hood Horton Howell Hudson, Ted Jones, J. R. Larsen, W. W.
Lewis Lowrey
Melton Miles

Mullinax Nessmith
Odom Pickard Rainey Scarborough S orrells Thomason Turner Vaughn
Wamble Mr. Speaker

270

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 47, nays 110.

The Bill, 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 give the requisite constitutional majority to HB 31.

HE 64. 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 permit participation in its student honors pro gram by certain pupils of private high schools 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 ayes were 119, nays 0.

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

Mr. Smith of the 3rd requested the following appear in the Journal:
HOUSE OF REPRESENTATIVES Atlanta
Honorable Virgil T. Smith, District 3, requests a leave of absence on Friday, January 22, 1971 to order to attend the National Conference of State Legislative Leaders, executive committee meeting, in Wash ington, D. C., at the request of Speaker Smith.
Said Committee will meet with members of Congress on Revenue sharing.
Mr. Edwards of the 45th moved that the House do now adjourn until 10 o'clock, tomorrow morning.

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271

Representative Hall, Atlanta, Georgia Wednesday, January 20, 1971

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

The following prayer was offered by Rev. Lucious Merrion, Pastor, Rehobia Baptist Church, Emanuel County, Georgia:
Our Father in heaven, we humbly beseech Thee, as for the people of this nation, state and especially for the Representatives and this dynamic Speaker Thou has placed here to preside over this assembly; that Thou would'st be pleased to direct and prosper their consultation to the advancement of Thy glory, the good of Thy church, the safety, honor, and welfare of the people. That all things may be so ordered and settled by their endeavors, upon the best and surest foundation, that peace and happiness, truth and justice, virtue and pity may be estab lished among Thy people.
Help us to see that it is better to fail in a cause that will ultimately succeed, than to succeed in a cause that will ultimately fail.
May Thy will be done here in these halls and may Thy programs be carried out, above part and personality, beyond time and circumstance. For the good of our state and for the peace of the world through Jesus Christ our Lord. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Batle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M.

Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Evans Ezzard Felton

272
Ployd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston

Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem
Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland
Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

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.

WEDNESDAY, JANUARY 20, 1971

273

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

HB 152. By Mr. Egan of the 116th:
A Bill to be entitled an Act to create the Northern Chattahoochee Water and Sewer Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 153. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to authorize the State of Georgia to make grants to any authority to assist same in the construction of those portions of water pollution control projects which qualify" for federal aid and assistance under certain federal Acts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 65-153. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to declare the development of a coordinated use of the waterworks and sewage works of the City of Atlanta and the counties forming the drainage basin of the Northern Chattahoochee River, the development of a plan to assure an adequate water resource and sewage disposal system for the expanding population; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

274

JOURNAL OF THE HOUSE,

HB 154. 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 system, 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.

HB 155. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that each of ficer 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; and for other purposes.
Referred to the Committee on Retirement.

HB 156. By Mr. Rush of the Blst:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to provide that all children between the ages of five and sixteen years shall be enrolled in a public or private school; and for other purposes.
Referred to the Committee on Education.

HB 157. By Mr. Greer 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 aid, relief and pensions to members of paid fire departments now in active service, so as to change certain provisions relating to the eligibility of persons to receive benefits under such Act; and for other purposes.
Referred to the Committee on Retirement.

HB 158. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities having a population of 150,000, shall furnish pensions to members of the police department who have stood civil service examinations and passed, so as to amend said amendatory Acts so as to change certain provisions relating to the eligibility of persons to receive benefits under such Acts; and for other purposes.
Referred to the Committee on Retirement.

WEDNESDAY, JANUARY 20, 1971

275

HB 159. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend Code Section 56-1016, relating to investment by insurers in corporate bonds, debentures, notes and other evidences of indebtedness, so as to provide additional conditions under which such investments may be made; and for other purposes.
Referred to the Committee on Insurance.

HB 160. By Mr. Lane of the 101st:
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 it shall not be necessary for full-time plumbing inspectors employed by political subdivisions, who hold master plumbing certificates, to renew their certificates; and for other purposes.
Referred to the Committee on State of Republic.

HB 161. By Mr. Farrar of the 77th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Compact for Education"; to enact said Compact into law; and for other purposes.
Referred to the Committee on Education.

HB 162. By Messrs. Harrison of the 58th, Toles and Adams of the 9th and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating and establishing a Board of Funeral Service, so as to require that an applicant for license as a funeral director possess a valid license to practice em balming; and for other purposes.
Referred to the Committee on Health & Ecology.

HB 163. By Messrs. Sherman of the 80th, Westlake of the 75th, Ware of the 30th, Shanahan of the 8th and Wood of the llth:
A Bill to be entitled an Act to amend Section 56-713 (5) of the Georgia Insurance Code, so as to authorize, but not require, any property, casualty, surety or allied lines insurance agent, agency, or broker to charge, receive and collect on any unpaid premium account with a balance owing for 30 days or more, a service charge of 15^ per $10 per month computed on amounts unpaid from month to month or other regular period; and for other purposes.
Referred to the Committee on Insurance.

276

JOURNAL OF THE HOUSE,

HB 164. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to reduce the number of years which a member must have in order to be retired by the board of trustees on disability; and for other purposes.
Referred to the Committee on Retirement.

HB 165. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the pro visions of this Act; and for other purposes.
Referred to the Committee on Retirement.

HB 166. By Messrs. Fraser of the 59th, Rush and Salem of the 51st and Brantley of the 52nd:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Atlantic Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 167. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to the with drawal of contributions; and for other purposes.
Referred to the Committee on Retirement.

HB 168. By Messrs. Miles, Mulherin and Cheeks of the 78th, Smith and Sherman of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act authorizing the solicitors of certain city courts to become members of the retirement systems of certain counties, so as to change population figures contained there in and the census; and for other purposes.
Referred to the Committee on Retirement.

HR 66-168. By Mr. Knowles of the 22nd: A Resolution compensating Louie A. Pittman; and for other purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, JANUARY 20, 1971

277

HE 67-168. By Mr. Dean of the 76th:
A Resolution creating the Equal Employment and Training Opportuni ties Commission; and for other purposes.
Referred to the Committee on State of Republic.

HR 68-168. By Messrs. Cheeks, Miles and Mulherin of the 78th, Dent of the 79th and Matthews of the 16th: A Resolution proposing an amendment to the Constitution so as to in crease the maximum debt limit of counties, municipal corporations and political subdivisions of this State; and for other purposes.
Referred to the Committee on Ways and Means.
HB 169. By Mr. Lewis of the 37th: A Bill to be entitled an Act to provide that the governing authorities of certain counties shall supplement the compensation of certain district attorneys; and for other purposes.
Referred to the Committee on Retirement.
HB 170. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act incorporating the City of Jonesboro in Clayton County, so as to change the date of elections; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 171. 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.
HB 172. By Mr. Greer of the 95th: A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education . . .", so as to pro vide that a female teacher or employee may designate her husband as beneficiary; and for other purposes.
Referred to the Committee on Retirement.

278

JOURNAL OF THE HOUSE,

HB 173. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education . . .", so as to pro vide for preservation of maximum pension benefits by postponing the date for commencement of such benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 174. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide that the right to elect to claim entitlement to prior service credit may be exercised at any time during such employee's employment, upon satisfaction of all other conditions to such right of election; and for other purposes.
Referred to the Committee on Retirement.

HB 175. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education . . .", so as to change the definition of "minor children" from 18 years of age to 21 years of age; and for other purposes.
Referred to the Committee on Retirement.

HB 176. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County . . .", so as to provide for refund of overpayments of employees' contribu tions; and for other purposes.
Referred to the Committee on Retirement.

HB 177. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education . . .", so as to incrase the amount of dependent benefits from 60% to 70%; and for other purposes.
Referred to the Committee on Retirement.

WEDNESDAY, JANUARY 20, 1971

279

HB 178. By Messrs. Smith, Cole and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act amending an Act incor porating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to change the provisions relative to age at retirement date; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 179. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to authorize a member of the General Assembly who elected not to become a member of the System to elect to become such member; and for other purposes.
Referred to the Committee on Retirement.

HR 69-179. By Mr. Collier of the 54th:
A Resolution compensating Donald Franklin Norman, Sr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 70-179. By Messrs. Westlake, Davis, Floyd and Granade of the 75th, Dean of the 76th, Farrar, Russell, Thomason and Levitas of the 77th and Noble of the 73rd:
A Resolution creating the Joint Committee to study that portion of the City of Atlanta which lies in DeKalb County, in all respects; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 180. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and Ordinary of Grady County, known as the fee system; and for other purposes.
i Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 181. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of an Equalized Adjusted School Property Tax Digest for each county, so as to abolish the Board of Equalization; and for other purposes.
Referred to the Committee on Education.

280

JOURNAL OF THE HOUSE,

HB 182. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of an Equalized Adjusted school property tax digest for each county, so as to transfer the responsibility of preparing such digests from the State Auditor to the State Revenue Commissioner; and for other purposes.
Referred to the Committee on Education.

HB 183. By Mr. Savage of the 104th:
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 provide addi tional pension benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 184. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, so as to provide additional pension benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 185. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pen sion benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 186. By Messrs. Miles of the 78th, Connell of the 79th and Smith of the 80th:
A Bill to be entitled an Act to amend an Act creating retirement bene fits for employees of Richmond County, so as to provide for the refund of the entire contributions to the pension fund of a discharged employee under certain conditions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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281

HB 187. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide for the compensation of the judge of the juvenile court of certain counties of this State; and for other purposes.
Referred to the Committee on Retirement.

HB 188. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide for a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit to be paid from the funds of Muscogee County; and for other purposes.
Referred to the Committee on Retirement.

HB 189. By Messrs. Pickard, Buck and Pearce of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act entitled "An Act to com bine the Department of Health of the City of Columbus with the De partment of Health of Muscogee County" so as to comprehensively and exhaustively revise, supersede, consolidate and codify the law relating to public health and the Muscogee County Department of Public Health; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 190. By Messrs. Dean of the 13th, Coney of the 82nd, Evans and Bennett of the 81st and Adams of the 9th:
A Bill to be entitled an Act to repeal an Act establishing the Georgia Legislative Retirement System, so as to provide for the return of all contributions made by each member plus accumulated interest thereon; and for other purposes.
Referred to the Committee on Retirement.

HB 191. By Messrs. Levitas of the 77th, Brantley of the 52nd, Nunn of the 41st, Davis of the 86th, Brown of the 32nd, Jordan of the 74th 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 delete the provision relative to local units' share of the cost of the Statewide public school educational television program; and for other purposes.
Referred to the Committee on Education.

282

JOURNAL OF THE HOUSE,

HB 192. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to amend an Act providing for a contingent expense and travel allowance for court reporters of the superior courts, so as to increase the contingent expense and travel allowance; and for other purposes.
Referred to the Committee on Judiciary.

HB 193. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide the procedures whereby a Judge of the Court of Ordinary of any county with a population of not more than 167,000 and not less than 150,000 shall be eligible to become a judge emeritus of such courts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 194. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide the procedures whereby a judge of the State Court of any county having a population of not less than 150,000 nor more than 165,000, shall be eligible to become a judge emeritus of such court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 195. 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 allow the repayment of all refunds; and for other purposes.
Referred to the Committee on Retirement.

HB 196. 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 change the minimum and maximum rates of regular interest for use in all calculations re quired in connection with the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Retirement.

HB 197. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating

WEDNESDAY, JANUARY 20, 1971

283

to the State Board of Corrections and to prisons, public works camps, and prisoners, so as to change the compensation of the Director of Cor rections; and for other purposes.
Referred to the Committee on Retirement.

HB 198. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to remove the provisions relating to an expense allowance; to amend an Act known as the "Statewide Probation Act", so as to change the salary of each member of the State Board of Probation; and for other purposes.
Referred to the Committee on Retirement.

HB 199. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the members of the battalion, members of the Georgia Bureau of Investigation, radio operators, and license examiners; and for other purposes.
Referred to the Committee on Retirement.

HB 200. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the Director of Public Safety; and for other purposes.
Referred to the Committee on Retirement.

HB 201. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said City, . . .", so as to change the amount which the City of Albany may levy and assess against the salaries of employees to fund the cost of pensions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 202. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for incentive increases in compen sation for certain members of the Department; and for other purposes.
Referred to the Committee on Retirement.

284

JOURNAL OF THE HOUSE,

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

HB 132. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to redefine the area of operation of a city housing authority by limiting said area of operation to the corporate limits of such city, except under certain circumstances; and for other purposes.

HB 133. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide compensation for wages lost by certain employees who are required to serve on juries of courts created pursuant to the constitutions and laws; and for other purposes.

HB 134. 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 16 years of age or older, or is at least 12 years old and is accompanied by a person who is 16 years of age or older; and for other purposes.
HB 135. By Messrs. Miles of the 78th, Dent and Connell of the 79th: A Bill to be entitled an Act to amend an Act entitled "The Act creat ing the Public School Employees' Retirement System", so as to change the membership of the Board of Trustees of the Public School Em ployees' Retirement Funds; and for other purposes.
HR 55-135. By Mr. Scarborough of the 81st: A Resolution compensating Johnie Parsons, Jr.; and for other purposes.
HR 56-135. By Mr. Scarborough of the 81st: A Resolution compensating Mattie Lena Gunn; and for other purposes.
HR 57-135. By Mr. Hill of the 97th: A Resolution compensating Richard Lee Apel; and for other purposes.
HR 58-135. By Mr. Lewis of the 37th: A Resolution compensating Mr. Buddy Benton; and for other purposes.

WEDNESDAY, JANUARY 20, 1971

285

HR 59-135. By Mr. Lewis of the 37th:
A Resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.

HB 136. By Messrs. Nunn and Moyer of the 41st, Ham of the 33rd, Smith and Turner of the 3rd, Smith and Adams of the 39th, Gaynor of the 88th, Bostick of the 63rd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, so as to pro vide for benefits for additional service; and for other purposes.

HB 137. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to define the pay and allowances of the Adjutant General; and for other purposes.

HB 138. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend the "Insurance Premium Finance Company Act", so as to provide that when a financed insurance con tract is cancelled the insurer shall file with the agent, agency or broker placing the insurance, a report setting forth an itemization of the earned and unearned premiums under such policy; and for other pur poses.

HB 139. By Messrs. Grantham of the 55th, Wheeler of the 57th, Drury of the 66th and Sweat of the 65th:
A Bill to be entitled an Act to provide an expense allowance for the operation of the office of the District Attorney of the Waycross Judi cial Circuit; and for other purposes.

HB 140. By Messrs. Moore of the 6th, Phillips of the 50th, Farrar of the 77th and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the calculation of the amounts to be raised by local units of administration in support of the Minimum Foundation Program of Education; and for other purposes.

HB 141. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor; and for other purposes.

286

JOURNAL OF THE HOUSE,

HE 62-141. By Mr. Matthews of the 16th:
A Resolution compensating Mr. Jimmie E. Thomas; and for other pur poses.

HB 142. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide the procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of such courts; and for other purposes.

HB 143. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act providing for members of Police Departments in cities having a population of 150,000 or more, so as to provide that there shall be changed from 10 to 5 years the period of active service required of an employee before compensation would become payable by virtue of the death of such employee other than in line of duty; and for other purposes.

HB 144. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend the Act providing that citieshaving a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that there shall be changed from 10 to 5 years the period of active service required of an employee before compensation would become payable by virtue of the death of such employee, other than in line of duty; and for other purposes.

HB 145. By Mr. Savage of the 104th:
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 provide for the payment of a pension to the widow of any member or pensioner whose death should occur not in line of duty but after such member had completed 5 years of active service or employment prior to his death; and for other purposes.

HB 146. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend the Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees, so as to provide that credit granted to teachers for prior service shall be for service rendered within the county in. which such city is located in whole or in part; and for other purposes.

WEDNESDAY, JANUARY 20, 1971

287

HB 147. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, so as to make certain persons eligible to become members of the retirement fund; and for other purposes.

148. By Messrs. Adams of the 100th, Smith of the 43rd, Levitas and Thomason of the 77th, Buck of the 84th, Lane of the 101st, Snow of the 1st and others:
A Bill to be entitled an Act to amend an Act establishing a merit sys tem of personnel administration for State employees, so as to provide a procedure whereby employees of the Legislative Branch of Govern ment may be granted Merit System status in the same manner as employees of the Executive Branch of Government; and for other pur poses.

HR 63-148. By Mr. Adams of the 100th: A Resolution compensating Mrs. Nola Waldrip; and for other purposes.

HR 64-148. By Mr. Davis of the 86th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead exemption does not apply to ad valorem taxes levied by counties for school purposes; and for other purposes.

HB 149. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend the Act establishing the State Employees' Retirement System, so as to delete the provision prohibiting credit for prior service for certain members who are civilian employees of the Army of Air National Guard of Georgia; and for other purposes.

HB 150. By Messrs. Leggett and Isenberg of the 67th, and Bohannon of the 20th:
A Bill to be entitled an Act to provide for the certification of factorybuilt housing and for the establishment of uniform health and safety standards and inspection of factory-built housing; and for other pur poses.

HB 151. By Messrs. Murphy of the 19th and Coney of the 118th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Tallapoosa Judicial Circuit of Georgia; and for other purposes.

288

JOURNAL OF THE HOUSE,

Mr. McCracken of the 36th District, Chairman of the Committee on Insur ance, 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 the same back to the House with the following recommendations:

HB 86. Do Pass.

HB 138. Do Pass.

Respectfully submitted, McCracken of the 36th, Chairman.

Mr. Roach of the 10th 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 House with the following recommendations:
HB 27. Do Pass.
HB 81. Do Pass.
Respectfully submitted, Roach of the 10th, Chairman.
Mr. Alexander of the 108th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 31. By Mr. Alexander of the 108th: A Bill to be entitled an Act to amend an Act providing that in all cases where the Supreme Court of Georgia has affirmed the imposition of death penalty in a case, the remittitur shall not issue from that Court for at least 90 days from the date of decision, so as to provide that said Act shall also apply to cases before the Georgia Supreme Court on denial of a petition for a writ of habeas corpus; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 20, 1971

289

The motion prevailed and HB 31 was reconsidered.

Mr. Alexander of the 108th moved that said HB 31 be recommitted to the Committee on Special Judiciary for further study.

The motion prevailed and HB 31 was recommitted to the Committee on Special Judiciary.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of Republic and referred to the Committee on Industry:

HB 110. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create the Georgia State Board of Elec trical Contractors; to provide for a short title; to declare the purpose of said Act; to define certain terms; to provide for the appointment of members of the board and their terms, qualifications, oath, compen sation and removal; to provide for meetings and quorum; to provide for restricted attendance sessions and conferences by telephone; to re peal conflicting laws; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 80. By Messrs. Smith of the 43rd, Connell of the 79th, Williams of the llth, Black of the 45th and many others:
A RESOLUTION
Wishing a speedy recovery for the Honorable Ted Hudson; and for other purposes.
WHEREAS, the Honorable Ted Hudson, the distinguished Repre sentative from the 48th District, is unable to attend the deliberations of this body, due to illness; and
WHEREAS, his knowledge, experience, ability and willingness to be of help have been of immense assistance to the members of this body in their deliberations; and
WHEREAS, he has shown a rare ability to deal with the most insurmountable's problems facing State government; and
WHEREAS, the gentleman from Fitzgerald is a man of his word and is admired for his courage, conviction and ability; and

290

JOURNAL OF THE HOUSE,

WHEREAS, the wisdom and counsel of this outstanding member of the House of Representatives is sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the illness of the Honorable Ted Hudson and do hereby extend their wish for his speedy recovery.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Ted Hudson.

HR 81. By Messrs. Dorminy of the 48th, Logan of the 16th, Bostick of the 63rd, Bennett of the 71st and many others:
A RESOLUTION
Wishing a speedy recovery for Honorable Ted Hudson; and for other purposes.
WHEREAS, the distinguished and able Representative from the Forty-Eighth District, Honorable Ted Hudson, is ill and unable to be in attendance; and
WHEREAS, the wisdom and counsel of this outstanding member of this body will be sorely missed by the members thereof during his absence; and
WHEREAS, it is the sincerest wish of each and every individual member of this body that Ted Hudson experience a full and speedy recovery in order that we might all again share the knowledge and experience of this distinguished member; and
WHEREAS, the individual and collective prayers of each member of the General Assembly are that its esteemed member, Ted Hudson, experience a full and rapid recovery.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the illness of its distinguished member, Honorable Ted Hudson, and does hereby wish for him a full and speedy recovery in order that he might return as soon as possible to the deliberations of the Georgia General Assembly.
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 Ted Hudson.

The Speaker Pro Tern assumed the Chair.

WEDNESDAY, JANUARY 20, 1971

291

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

HB 9. By Messrs. Chandler of the 34th, Colwell of the 5th, Toles of the 9th, Sweat of the 65th and Kreeger of the 117th:
A Bill to be entitled an Act to amend Code Title 91, relative to public property, as amended, so as to provide for a central inventory of State owned movable personal property; to provide for the duties of the Supervisor of Purchases in connection therewith; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:
Messrs. Chandler of the 34th and Colwell of the 5th move to amend HB 9 by inserting in the title, page 1 in line 11, immediately following the word "inventory;" the following: "to authorize the Gov ernor to designate another State official or State department or agency to carry out the provisions of this Act in lieu of the Supervisor of Purchases under certain circumstances;";
by striking from subsection (b) of quoted Code Section 91-802A on page 2 in line 29 the figure "$25.00" and inserting in lieu thereof the figure "$100.00";
by redesignating Section 2 as Section 3 and by adding a new Section 2 to read as follows:
"Section 2. In the event any State government reorganization plan or plans of the Governor of Georgia is implemented, such plan or plans may provide that another State official, department or agency of the State shall carry out the provisions of this Act, and in such event, the words "Supervisor of Purchases" shall be striken wherever the same appear in this Act and the name of the State official, department or agency designated by such plan or plans to carry out the provisions of this Act shall be inserted in lieu of the words "Supervisor of Purchases"."

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, G. D. Adams, John Adams, Marvin Alexander, W. H.

Alexander, W. M. Alien Atherton Barfield

Battle Bell Bennett, J. T. Bennett, Tom

292
Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Can-
Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl
Granade
Grantham

JOURNAL OP THE HOUSE,

Greer Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G.
Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore
Morgan
Moyer

Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson
Wood

WEDNESDAY, JANUARY 20, 1971

293

Those not voting were Messrs.:

Brantley, H. H. Cook Floyd, J. H. Gunter Hadaway

Hudson, Ted Larsen, W. W. Lowrey Murphy Snow

Sorrells Thomason Mr. Speaker

On the passage of the Bill, as amended, the ayes were 180, nays 0.

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

The Speaker assumed the chair.

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

HB 119. By Messrs. Buck of the 84th, Bostick of the 63rd, Bowen of the 47th, Thomason and Levitas of the 77th, Berry of the 85th and many others:
A Bill to be entitled an Act to establish a State Commission on Com pensation to assist the General Assembly in setting the compensation of constitutional State officers and full-time heads of State agencies, authorities, boards, bureaus, commissions, committees and departments whose compensation is set by Act of the General Assembly; and for other purposes.

The following amendment was read and adopted:
Mr. Busbee of the 61st moves to amend HB 119 by striking lines 2, 3 and 4 on page 4 and inserting in lieu thereof the following:
"General Assembly unless the same is disapproved by a resolu tion adopted by the votes of a majority of the members of the House or Senate during the 1971 regular session."

An amendment, offered by Mr. Busbee of the 61st, was read and withdrawn.

An amendment, offered by Mr. Egan of the 116th, was read and lost.

294

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Murphy of the 19th moves to amend HB 119 by striking the last sentence of Section 7 and inserting in lieu, thereof the following:

"If either house of the General Assembly rejects said report it shall be void. It shall be deemed to be adopted if neither house of the General Assembly rejects same."

An amendment, offered by Mr. Townsend of the 115th, was read and lost.

Mr. Lovitas of the 77th requested that he be recorded as voting "aye" on the Townsend amendment.

An amendment, offered by Mr. Egan of the 116th, was read and lost.

The following amendment was read and adopted:
Mr. Bennett of the 71st moves to amend HB 119 by adding at the end of Section 6, page 4, the following:
"Either the House or Senate may reject any portion of report without rejecting report in its entirety."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Barfield Battle Bell Bennett, Tom Berry Black

Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.

Buck Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collier

WEDNESDAY, JANUARY 20, 1971

295

Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dorminy Drury Edwards Evans Ezzard Farrar Felton Fraser Gary Gaynor Grahl Grantham Greer Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup

Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce

Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wood

Tliose voting in the negative were Messrs.

Alien Bennett, J. T. Collins, M. Coiling, S. Dean, N. Dixon Egan

Floyd, L. R. Geisinger Gignilliat Granade Kreeger Lane, Dick Larsen, G. K.

Lewis Milford Savage Townsend" Westlake Williams Wilson

296

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Atherton Chance Colwell

Floyd, J. H. Hudson, Ted Larsen, W. W.

Lowrey Snow Mr. Speaker

On the passage of'the Bill, as amended, the ayes were 163, nays 21.

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

Mr. Nunn of the 41st stated that he had inadvertently voted "aye" but had intended to vote "nay" on the passage of HB 119, as amended.

By unanimous consent, HB 119, as amended, was ordered immediately transmitted to the Senate.

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to be entitled an Act to amend an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), so as to increase the excise tax on cigarettes; to impose an excise tax on cigarettes held or possessed by every dealer or distributor of cigarettes on the effective date on this Act; and for other purposes.

Mr. Lane of the 101st moved that HB 123 be placed on the table.

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

Those voting in the affirmative were Messrs.:

Bennett, J. T. Bostick Bowen Brantley, H. L. Carter Chappell Collins, M. Collins, S. Davis, W. Dorminy

Evans Ham Harrison Housley Lane, Dick Lane, W. J. Matthews, D. R. Murphy Patten Reaves

Rush Russell, H. P. Salem Strickland Sweat Wamble Wheeler, Bobby

WEDNESDAY, JANUARY 20, 1971

297

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chandler Cheeks
Clements
Cole
Collier
Colwell
Coney, G. D.
Coney, J. L.
Connell
Cook
Dailey
Daugherty
Davis, E. T.
Dean, N.
Dent
Edwards
Egan
Ezzard
Farrar
Felton
Floyd, L. R.
Fraser
Gary
Gaynor
Geisinger

Gignilliat Grahl Granade Grantham Greer Hadaway Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Hood Horton Howard Howell Hudson Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton
King
Knight
Knowles
Kreeger
Lambert
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Levitas
Lewis
Logan
Longino
Marcus
Matthews, C.
Mauldin
McCracken
McDaniell
McDonald
Melton
Merritt
Miles
Milford

Miller Moore Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Roach Ross Russell, A. B. Russell, W. B. Savage Scarborough
Shanahan
Shepherd
Sherman
Smith, H. R.
Smith, V. T.
Sorrells
Stephens
Thomason
Thompson
Toles
Townsend
Triplett
Tripp
Vaughn
Ware
Westlake
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

298

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bray Chance Dean, G. B. Dean, J. E. Dixon Drury Floyd, J. H.

Gunter Hudson, Ted Larsen, W. W. Lowrey Mason Maxwell Morgan

Pickard Pinkston Sims Smith, J. R. Snow Turner Mr. Speaker

On the motion to table, the ayes were 27, nays 145.

The motion was lost.

The following Committee amendment was read and adopted:

The Committee on Ways and Means moves to amend HB 123 as

follows:

:.

Change the effective date wherever it appears in the Bill from July 1 to April 1, 1971.

An amendment, offered by Mr. Davis of the 86th, was read and lost.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bell Bennett, Tom Berry Blackshear Bohannon

Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss .Busbee Carr Chandler Cheeks

Clements Cole Collier Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W.

WEDNESDAY, JANUARY 20, 1971

299

Dean, Gib Dean, J. E. Dean, N. Dent Drury Edwards Egan Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade
Greer Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Hood Horton Howard Hudson Hutchinson Isenberg Jessup Johnson Jones, Herb

Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Mauldin McCracken
McDaniell McDonald Melton Merritt Miles Milford Miller Moore Mulherin Mullinax
Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters

Phillips, G. S. Phillips, W. R. Pickard Pinkston Poole Roach Rush Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Thomason Thompson Toles Townsend Triplett
Tripp Turner Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Barfield Bennett, J. T. Black Bostick Bo wen Brantley, H. L. Carter Chance Chappell Collins, M. Collins, S. Dixon Dorminy

Evans Grantham Harrison Housley Howell Keyton Lane, Dick Lane, W. J. Matthews, D. R. Maxwell Moyer Murphy Nessmith

Patten Phillips, L. L. Potts Rainey Reaves Ross Russell, A. B. Russell H. P. Sweat Wamble Wheeler, Bobby

300

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Atherton Floyd, J. H. Hudson, Ted

Larsen, W. W. Lowrey

Morgan Mr. Speaker.

On the passage of the Bill, as amended, the ayes were 148, nays 37.

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

Mr. Levitas of the 77th moved that HB 123, as amended, 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, G. D. Adams, John Adams, Marvin
Alexander, W. H. Alexander, W. M. Alien
Battle Bell Bennett, Tom
Black Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Chance Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L.
Connell

Cook
Dailey Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, J. E. Dean, N.
Dent Drury Edwards Egan Ezzard Farrar Felton Floyd, L. R.
Fraser Gary Gaynor
Geisinger Gignilliat Grahl Granade
Greer Hadaway Hamilton Harrington Harris Hays Hill, B. L.

Hill, G. Hood Horton Howard
Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick
Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Marcus
Mason Matthews, C. Mauldin

Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Northcutt Nunn Odom Patterson Pearce Peters

WEDNESDAY, JANUARY 20, 1971

301

Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Roach Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

Smith, V. T. Snow Sorrells Stephens Thomason Thompson Toles Townsend Triplett Tripp Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Barfield Bennett, J. T.
Bostick Bowen Brantley, H. L. Carr Carter Chandler Chappell Cheeks Collins, M. Dixon

Evans Grantham Ham Harrison Housley Keyton
Lane, W. J. Matthews, D. R. McCracken Murphy Nessmith Noble

Oxford Patten Phillips, L. L. Piekard Reaves Ross Rush
Russell, H. P. Sweat Wamble Wheeler, Bobby

Those not voting were Messrs.:

Atherton Berry Dorminy
Floyd, J. H. Gunter

Hawes Howell Hudson, Ted Larsen, W. W. Lowrey

Morgan Turner
Mr. Speaker

On the motion, the ayes were 144, nays 35.

The motion prevailed and HB 123, as amended, was ordered immediately transmitted to the Senate.

302

JOURNAL OF THE HOUSE,

Messrs. Rush and Salem of the 51st and Davis of the 71st stated that they had inadvertently voted "aye" but intended to vote "nay" on the passage of HB 123, as amended.

Mr. Strickland of the 56th stated that due to mechanical failure his vote was not recorded and he wished the Journal to record his vote as "nay" on the passage of HB 123, as amended, and "nay" on the motion to immediately transmit HB 123, as amended.

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.

THURSDAY, JANUARY 21, 1971

303

Representative Hall, Atlanta, Georgia Thursday, January 21, 1971

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. Joe Bowen, Pastor, Peachtree Road United Methodist Church, Atlanta, Georgia:

Our Father, we give thanks for the State of Georgia; for the beauty of her mountains and coastlands; for the produce of her industries and natural resources. We are justly proud of this part of this continent. In recognizing its beauty and value we accept it as a trust from You. We are grateful and proud of the people of this state. We cherish this opportunity to serve them, making possible for them the pursuit of a full and meaningful life. We are thankful for all agencies of our govern ment and those who serve it.

Bless now this House of Representatives, its leaders and members,

our State-at-large, its Governor and those who serve it. Endow each

member of this House with an acute awareness of their potential and

responsibility as a servant of this state, their fellow citizens and of

Almighty God. Strengthen them to use this potential to the honor and

welfare of all. AMEN.

-

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

Adams, G. D, Adams, John Adams, Marvin
Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom
Berry Black Blackshear Bohannon
Bond Bowen Brantley, H. H. Brantley, H. L.
Bray Brown, B. D.

Brown, C. Brown, S. P.
Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements
Cole
Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards
Egan Evans Ezzard
Farrar Felton Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat
Grahl Granade

304
Grantham Greer Griffin Gunter Hadaway Ham Harrintgon Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas

JOURNAL OF THE HOUSE,

Lewis Logan Longino
Marcus Matthews, C.
Matthews, D. R. Mauldin Maxwell
McCracken McDaniell McDonald
Melton Merritt
Miles Milford Miller
Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson
Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole

Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplet* Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

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:

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305

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 203. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, susperseding and modernizing pretrial, trial and certain post-trial procedure in civil cases, known as the "Georgia Civil Practice Act", so as to completely revising and supersede Section 33 of said Act, relating to interrogatories to parties; and for other purposes.
Referred to the Committee on Judiciary.

HB 204. By Mr. Phillips of the 60th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Montgomery County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 205. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Montgomery County upon an annual salary, so as to change the com pensation of the deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 206. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to provide that the Board of Education of Treutlen County may be appointed by the Grand Jury of Treutlen

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County in accordance with Code Section 39-903, relating to qualifications of members of county boards of education, irrespective of militia dis tricts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 207. By Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to authorize and regulate nonprofit corpo rations providing prepaid comprehensive health care; and for other purposes.
Referred to the Committee on Health & Ecology.

HB 208. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, so as to provide that certain officials of the State Board of Workmen's Compensation shall not be subject to the laws and rules and regulations of the State Merit System; and for other purposes.
Referred to the Committee on Retirement.

HB 209. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act authorizing the superior court judge or judges in any county in this State elected in any judicial circuit of the State having a population of not less than 65,500 and not more than 65,600, to establish and maintain a law library for the use of the judges, solicitors and other court officials, so as to change the upper limit on the compensation of the library official; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 210. By Messrs. Adams of the 100th, Rainey of the 47th, Grahl of the 40th, Lane of the 101st and Savage of the 104th:
A Bill to be entitled an Act to require the display of information re lating to maximum capacity on watercraft; and for other purposes.
Referred to the Committee on Game and Fish.

HB 211. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend Code Section 59-801, relating to jury panels in felony trials, so as to change the number of jurors who must be impaneled in felony trials; and for other purposes.
Referred to the Committee on Special Judiciary.

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307

HB 212. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to reineorporate the City of Arlington in the County of Calhoun and Early; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HR 71-212. By Mr. Matthews of the 63rd:
A Resolution compensating Mr. Stanley M, Councellor and Mr. Michael A. Councellor; and for other purposes.
Referred to the Committee on Appropriations.

HR 72-212. By Mr. Toles of the 9th:
A Resolution compensating Chaplain Zesely B. Cox; and for other purposes.
Referred to the Committee on Appropriations.

HR 73-212. By Mr. Patten of the 63rd:
A Resolution compensating Mrs. Lexie W. Flup; and for other pur poses.
Referred to the Committee on Appropriations.

HR 74-212. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to reduce the residency requirements for voting; and for other purposes.
Referred to the Committee on State of Republic.

HR 75-212. By Messrs. Salem of the 51st, Wheeler of the 57th, Lewis of the 37th, Dorminy of the 48th, Phillips of the 50th, Brown of the 32nd and Hadaway of the 27th, Whitmire and Wood of the llth:
A Resolution proposing an amendment to the Constitution, so as to change the maximum school tax levy from twenty mills to 15 mills; and for other purposes.
Referred to the Committee on Education.

HR 76-212. 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;

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to provide that there shall be a right of appeal from inferior judicatories to the superior courts in the same manner as appeals are entered from justice of the peace courts; and for other purposes.
Referred to the Committee on Judiciary.

HR 77-212. By Mr. Chandler of the 34th: A Resolution transferring control and jurisdiction over a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract of land or portions thereof to Baldwin County and the City of Milledgeville; and for other purposes.
Referred to the Committeee on State Institutions & Property.
HR 78-212. By Mr. Bennett of the 71st: A Resolution compensating Mr. Willie Carl Davis; and for other purposes.
Referred to the Committee on Appropriations.

HR 79-212. By Messrs. Brown and Melton of the 32nd:
A Resolution compensating Hensley Office Equipment Company; and for other purposes.
Referred to the Committee on Appropriations.

HB 213. By Mar. Brown of the 32nd:
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 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.
Referred to the Committee on Health & Ecology.

HB 214. By Messrs. Chandler of the 34th, Dailey of the 53rd, Burruss of the 117th, Rush of the 51st, Thompson of the 85th, Jones of the 87th, Edwards of the 45th, Potts of the 30th and Harrison of the 58th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to permit convicts to do contract work for private industry; and for other purposes.
Referred to the Committee on State Institutions & Property.

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309

HB 215. By Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act providing for the terms of the Superior Court of Sumter County, so as to provide for two additional terms of said Superior Court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 216. By Messrs. Bell of the 73rd, Jordan of the 74th, Berry of the 85th and Gary of the 21st:
A Bill to be entitled an Act to require applications for rezoning to be reviewed by certain State departments, boards, commissions and other State agencies and by area planning and development commissions and by certain local planning commissions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 217. By Messrs. Bell of the 73rd, Jordan of the 74th, Berry of the 85th and Gary of the 21st:
A Bill to be entitled an Act to provide that each county and munici pality of this State, by appropriate resolution or ordinance, shall re quire the issuance of certain permits relative to the location or relocation of certain mobile homes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 218. By Messrs. Bennett, Evans and Scarborough of the 81st, Dean of the 13th, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act repealing an Act pro viding for indeterminate sentences in cases of felonies not punishable by life in prison and other Acts relating to indeterminate sentences, so as to provide that pending indictments against the defendant shall not be presented to the jury in pre-sentence hearings; and for other purposes.
Referred to the Committee on Judiciary.

HB 219. By Messrs. Greer, Pelton, Hawes, Cook and Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Gary of the 21st, Bond of the lllth, Alexander of the 108th and Marcus of the 105th:
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 provide for the levy of a local option sales and use tax for rapid transit purposes in certain counties and cities; and for other purposes.
Referred to the Committee on Ways and Means.

310

JOURNAL OF THE HOUSE,

HB 220. By Messrs. Greer, Felton, Hawes, Cook and Horton of the 95th, Egan of the 116th, and Gary of the 21st, Mrs. Hamilton of the 112th, Messrs. Marcus of the 105th, Bond of the lllth, and Alexander of the 108th:
A Bill to be entitled an Act to amend The Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to authorize certain local govern ments to levy a retail sales and use tax under certain circumstances; and for other purposes.
Referred to the Committee on Ways and Means.

HB 221. By Messrs. Keyton and Russell of the 70th, Cheeks of the 78th and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act relating to the giving of security by the owners and operators of certain motor vehicles, so as to provide that no license of an operator or the registration of the owner shall be suspended until the Director of the Department of Public Safety shall receive notification that there is an unsatisfied judgment against said party arising out of an accident covered by the provisions of said Act; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 222. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities and counties to establish sepa rate or joint planning commissions, so as to provide that the division of land into parcels where no new street is involved and the resultant lots are equal to standards of the municipality or county in which the division of land shall not be included within the meaning of the term "subdivision" and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 223. By Messrs. Levitas of the 77th, Lee of the 21st, Smith of the 43rd, Mason of the 13th, Hawes of the 95th, Murphy of the 19th, Davis of the 75th, Gary of the 21st, Geisinger of the 72nd and others:
A Bill to be entitled an Act to amend an Act known as the "Metro politan Atlanta Rapid Transit Authority Act of 1965", so as to clarify what costs may be capitalized as costs of a rapid transit system or project; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 224. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act providing for the creation of office of Judge of Superior Courts Emeritus, so as to extend the time in which certain judges of superior courts, in order to be eligible to

THURSDAY, JANUARY 21, 1971

311

receive the benefits provided by said Act, may begin making the con tributions required by said Act; and for other purposes.
Referred to the Committee on Retirement.

HR 82-224. By Mr. Maxwell of the 17th:
A Resolution compensating Mr. Wyatt C. Adams; and for other pur poses.
Referred to the Committee on Appropriations.

HR 83-224. By Mr. Wamble of the 69th: A Resolution compensating F. W. Roddenbery; and for other purposes.
Referred to the Committee on Appropriations.

HB 225. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to provide the procedure that wholesale dealers shall use in paying malt beverage taxes; and for other pur poses.
Referred to the Committee on Ways and Means.

HR 84-225. By Mr. Dixon of the 65th:
A Resolution compensating Mr. Samuel D. Fulford d/b/a Mincy Fulford Funeral Home; and for other purposes.
Referred to the Committee on Appropriations.

HR 85-225. By Mr. Dixon of the 65th: A Resolution compensating Mrs. Mary Hurst; and for other purposes.
Referred to the Committee on Appropriations.

HR 86-225. By Mr. Dixon of the 65th: A Resolution compensating Mr. Bill Murphy; and for other purposes.
Referred to the Committee on Appropriations.

HB 226. By Mr. Westlake of the 75th:
A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the county board of educa tion shall be elected, and providing for the terms and methods of

312

JOURNAL OF THE HOUSE,

electing such members, so as to provide that the county school super intendent shall be elected; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 227. By Mr. Granade of the 75th:
A Bill to be entitled an Act to provide that in any case, civil or criminal, which is tried before a jury in courts below the level of superior court, said case shall be tried before a jury consisting of 6 members; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 87-227. By Mr. Granade of the 75th:
A Resolution proposing an amendment to the Constitution so as to provide that in the superior court a jury of six shall hear civil cases and certain criminal cases; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 152. By Mr. Egan of the 116th: A Bill to be entitled an Act to create the Northern Chattahoochee Water and Sewer Authority; and for other purposes.

HB 153. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to authorize the State of Georgia to make grants to any authority to assist same in the construction of those portions of water pollution control projects which qualify for federal aid and assistance under certain federal Acts; and for other purposes.

HR 65-153. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to declare the development of a coordinated use of the waterworks and sewage works of the City of Atlanta and the counties forming the drainage basin of the Northern Chattahoochee River, the development of a plan to assure an adequate water resource and sewage disposal system for the expanding population; and for other purposes.

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313

HB 154. By Mr. Harris of the 10th:
A Bill to be entitled 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 system, 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.

HB 155. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that each officer and employee of local organizations of the State Civil Defjense Agency shall be entitled to join the Employees' Retirement System and to obtain prior service credit; and for other purposes.

HB 156. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to provide that all children between the ages of five and sixteen years shall be enrolled in a public or private school; and for other purposes.

HB 157. By Mr. Greer 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 aid, relief and pensions to members of paid fire departments now in active service, so as to change certain provisions relating to the eligibility of persons to receive benefits under such Acts; and for other purposes.

HB 158. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities having a population of 150,000, shall furnish pensions to members of the police department who have stood civil-service examinations and passed, so as to amend said amendatory Acts so as to change certain provisions relating to the eligibility of persons to receive benefits under such Acts; and for other purposes.

HB 159. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend Code Section 56-1016, relating to investment by insurers in corporate bonds, debentures, notes and other evidences of indebtedness, so as to provide additional conditions under which such investments may be made; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 160. By Mr. Lane of the 101st:
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 it shall not be necessary for full-time plumbing inspectors employed by political subdivisions, who hold master plumbing certificates, to renew their certificates; and for other purposes.

HB 161. By Mr. Farrar of the 77th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Compact for Education"; to enact said Compact into law; and for other purposes.

HB 162. By Messrs. Harrisoii of the 58th, Toles and Adams of the 9th and ,, Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating and establishing a Board of Funeral Service, so as to require that an applicant for license as a funeral director possess a valid license to practice embalm ing; and for other purposes.

HB 163. By Messrs. Sherman of the 80th, Westlake of the 75th, Ware of the 30th, Shanahan of the 8th and Wood of the llth:
A Bill to be entitled an Act to amend Section 56-713(5) of the Georgia Insurance Code, so as to authorize, but not require, any property, casualty, surety or allied lines insurance agent, agency, or broker to charge, receive and collect on any unpaid premium account with a balance owing for 30 days or more, a service charge of 15j# per $10 per month computed on amounts unpaid from month to month or other regular period; and for other purposes.

HB 164. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to reduce the number of years which a member must have in order to be retired by the board of trustees on disability; and for other purposes.
HB 165. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the provisions of this Act; and for other purposes.

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315

HB 166. By Messrs. Fraser of the 59th, Rush and Salem of the 51st and Brantley of the 52nd:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Atlantic Judicial Circuit; and for other purposes.

SB 167. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to the with drawal of contributions; and for other purposes.

HB 168. By Messrs. Miles, Mulherin and Cheeks of the 78th, Smith and Sherman of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act authorizing the solicitors of certain city courts to become members of the retirement systems of certain counties, so as to change population figures contained therein and the census; and for other purposes.

HR 66-168. By Mr. Knowles of the 22nd: A Resolution compensating Louie A. Pittman; and for other purposes.

HR 67-168. By Mr. Dean of the 76th:
A Resolution creating the Equal Employment and Training Oppor tunities Commission; and for other purposes.

HR 68-168. By Messrs. Cheeks, Miles and Mulherin of the 78th, Dent of the 79th and Matthews of the 16th:
A Resolution proposing an amendment to the Constitution so as to increase the maximum debt limit of counties, municipal corporations and political subdivisions of this State; and for other purposes.

HB 169. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to provide that the governing authorities of certain counties shall supplement the compensation of certain district attorneys; and for other purposes.

HB 170. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Jonesboro in Clayton County, so as to change the date of elections; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 171. 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 172. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education. . .", so as to provide that a female teacher or employee may designate her husband as bene ficiary; and for other purposes.

HB 173. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education . . .", so as to provide for preservation of maximum pension benefits by postponing the date for commencement of such benefits; and for other purposes.

HB 174. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide that the right to elect to claim entitlement to prior service credit may be exercised at any time during such employee's employment, upon satisfaction of all other conditions to such right of election; and for other purposes.

HB 175. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education . . .", so as to change the definition of "minor children" from 18 years of age to 21 years of age; and for other purposes.

HB 176. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County . . .", so as. to provide for refund of overpayments of employees' contributions; and for other purposes.

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317

HB 177. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education . . .", so as to in crease the amount of dependent benefits from 60% to 70%; and for other purposes.

HB 178. By Messrs. Smith, Cole and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act amending an Act in corporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to change the provisions relative to age at retirement date; and for other purposes.

HB 179. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to authorize a member of the General Assembly who elected not to become a member of the System to elect to become such member; and for other purposes.

HR 69-179. By Mr. Collier of the 54th:
A Resolution compensating Donald Franklin Norman, Sr.; and for other purposes.

HR 70-179. By Messrs. Westlake, Davis, Floyd and Granade of the 75th, Dean of the 76th, Farrar, Russell, Thomason and Levitas of the 77th and Noble of the 73rd:
A Resolution creating the Joint Committee to study that portion of the City of Atlanta which lies in DeKalb County, in all respects; and for other purposes.

HB 180. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and Ordinary of Grady County, known as the fee system; and for other purposes.

HB 181. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of an Equalized Adjusted School Property Tax Digest for each county, so as to abolish the Board of Equalization; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 182. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act providing for the establish ment of an Equalized Adjusted school property tax digest for each county, so as to transfer the responsibility of preparing such digests from the State Auditor to the State Revenue Commissioner; and for other purposes.

HB 183. By Mr. Savage of the 104th:
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 provide addi tional pension benefits; and for other purposes.

HB 184. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, so as to provide additional pension benefits; and for other purposes.

HB 185. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension. benefits; and for other purposes.

HB 186. By Messrs. Miles of the 78th, Connell of the 79th and Smith of the 80th:
A Bill to be entitled an Act to amend an Act creating retirement ben efits for employees of Richmond County, so as to provide for the refund of the entire contributions to the pension fund of a discharged employee under certain conditions; and for other purposes.

HB 187. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide for the compensation of the judge of the juvenile court of certain counties of this State; and for other purposes.

HB 188. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide for a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit to be paid from the funds of Muscogee County; and for other purposes.

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319

HB 189. By Messrs. Pickard, Buck and Pearce of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, so as to comprehensively and exhaustively revise, supersede, consolidate and codify the law re lating to public health and the Muscogee County Department of Public Health; and for other purposes.

HB 190. By Messrs. Dean of the 13th, Coney of the 82nd, Evans and Bennett of the 81st and Adams of the 9th:
A Bill to be entitled an Act to repeal an Act establishing the Georgia Legislative Retirement System, so as to provide for the return of all contributions made by each member plus accumulated interest thereon; and for other purposes.

HB 191. By Messrs. Levitas of the 77th, Brantley of the 52nd, Nunn of the 41st, Davis of the 86th, Brown of the 32nd, Jordan of the 74th 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 delete the provision relative to local units' share of the cost of the Statewide public school educational television program; and for other purposes.

HB 192. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to amend an Act providing for a contingent expense and travel allowance for court reporters of the superior courts, so as to increase the contingent expense and travel allowance; and for other purposes.

HB 193. By Ml. Connell of the 79th:
A Bill to be entitled an Act to provide the procedures whereby a Judge of the Court of Ordinary of any county with a population of not more than 167,000 and not less than 150,000 shall be eligible to become a judge emeritus of such courts; and for other purposes.

HB 194. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide the procedures whereby a Judge of the State Court of any county having a population of not less than 150,000 nor more than 165,000, shall be eligible to become a judge emeritus of such court; and for other purposes.

320

JOURNAL OF THE HOUSE,

HB 195. 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 allow the repayment of all refunds; and for other purposes.

HB 196. 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 change the minimum and maxi mum rates of regular interest for use in all calculations required in connection with the Employees' Retirement System of Georgia; and for other purposes.

HB 197. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public works camps, and prisoners, so as to change the compensation of the Director of Corrections; and for other purposes.

HB 198. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to remove the provisions relating to an expense allowance; to amend an Act known as the "Statewide Probation Act", so as to change the salary of each member of the State Board of Probation; and for other purposes.

HB 199. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the members of the battalion, members of the Georgia Bureau of Investigation, radio operators, and license examiners; and for other purposes.

HB 200. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the Director of Public Safety; and for other purposes.

HB 201. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide and empower the City of Albany to furnish aid and relief and to

THURSDAY, JANUARY 21, 1971

321

grant pensions to all employees of said City, . . .", so as to change the amount which the City of Albany may levy and assess against the salaries of employees to fund the cost of pensions; and for other pur poses.

HB 202. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the members of the ators, and license examiners; 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 has instructed me to report same back to the House with the following recommendations:
HB 106. Do Pass.
HB 108. Do Pass.
HB 126. Do Pass, by Substitute.
Respectfully submitted, Matthews of the 63rd, Chairman.

Mr. Smith of the 3rd District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology 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 recommendation:
HB 22. Do Pass, by Substitute.
Respectfully submitted, Smith of the 3rd, Chairman.

322

JOURNAL OF THE HOUSE,

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted 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 recommendation:

HB 20. Do Pass.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Smith of the 39th District, Chairman of the Committee on Motor Ve hicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles 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 57. Do Pass, by Substitute.

HB 58. Do

HB 59. Do

Respectfully submitted, Smith of the 39th, 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 Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 187. Do Pass.

HB 188. Do Pass.

Respectfully submitted, Buck of the 84th, Chairman.

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323

Mr. Chandler of the 34th District, 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 of the House and has instructed me to report same back to the House with the following recommendations:

HB 43. Do Pass.

HB 54. Do Pass, by Substitute. Respectfully submitted, Chandler of the 34th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community 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 72. Do Pass.

HB 78. Do Pass.

HB 85. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

The following Resolutions of the House were read and adopted:

HR 93. By Messrs. Gaynor of the 88th, Smith of the 43rd, Busbee of the 61st, Brantley of the 52nd, Murphy of the 19th, Lane of the 44th and Alien of the 92nd:
A RESOLUTION
Expressing some random affectionate thoughts about The Sage of Chatham; and for no other purpose.

324

JOURNAL OF THE HOUSE,

WHEREAS, Funk of Chatham, retired educator, concluded an illus trious career in the House of Representatives after the 1970 Session of the General Assembly; and

WHEREAS, his familiar derby hat and cane were invariably on his desk when the time for convening arrived, though rarely there after 11:00 o'clock on Friday mornings; and

WHEREAS, during his tenure of office he maintained as special objects of his benevolent concern the Ocean Science Center of the At lantic, coastal marshlands, Mr. Jim, Button's bones, shrimp and freshmen legislators, with the same fervor with which he waged a constant battle against improper use of the English language, inefficiency in govern ment, lawyers, hanky-panky and evening meetings; and
WHEREAS, his clarion call of "Mr. Speaker!!" effectively brought prompt order to a busy House whose members were well aware that it might preface such an immortal Funkism as:

Cities are children of the legislature. Baby, behave, or papa spank.

The General Assembly is the only place I've ever been that I couldn't add to the confusion.

The county is the basic unit of government in Georgia; the City to swallow the entire unincorporated area would find it in digestible;

and

WHEREAS, numerous members of the General Assembly, along with State House officials and secretaries, were frequently the bene ficiaries of his generosity with oysters, camellias, wisdom and summer time picture postcards from exotic foreign ports; and

WHEREAS, serving with him was an ever colorful experience and vastly enriched the lives of those who were privileged to be his col leagues, and the General Assembly shall not see his equal soon again.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body:
Observes with regret that the distinguished gentleman from Chat ham no longer occupies his customary seat, out of a draft and far removed from his fellow Chatham legislators;

Remembers him fondly and holds him in the highest esteem; and

Extends to him sincerest best wishes, with feelings of warm regard.

THURSDAY, JANUARY 21, 1971

325

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to deliver a ceremonial copy of this Resolution to the Chatham House Delegation for presenta tion to the Honorable Arthur J. Funk on an appropriate occasion.

HR 94. By Messrs. Lee, Gary and Northcutt of the 21st:

A RESOLUTION

Commending Miss Kimberley Dianne Graham of Morrow, Georgia; and for other purposes.

WHEREAS, Miss Kimberley Dianne Graham, age 14, the beautiful and talented daughter of Mr. and Mrs. C. D. Graham, won the llth annual Miss American Teen-Ager Contest last year at Palisades Amuse ment Park in New Jersey; and

WHEREAS, Kim won the coveted title of Miss American TeenAger in a contest with more than 250,000 girls between the ages of 13 and 17 from all sections of the United States; and
WHEREAS, Kim was selected as Miss American Teen-Ager from a field of 51 national finalists; and
WHEREAS, Kim is a perfect example of beauty and brains that exists in today's teen-agers; and
WHEREAS, this is not the first battle that Kim has ever won because she was the victor in a battle with death at the age of four; and
WHEREAS, it is the desire of the members of this body to recog nize Kim for her outstanding accomplishments and achievements at such an early age.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Miss Kimberley Dianne Graham, age 14, of Morrow, Georgia, for bringing the Miss American Teen-Ager Title to the State of Geor gia and the members of this body wish her every success in her future endeavors.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward an appropriate copy of this Reso lution to Miss Kimberley Dianne Graham and her parents, Mr. and Mrs. C. D. Graham of Morrow, Georgia.

HR 95. By Messrs. Chappell of the 42nd and Lane of the 44th:
A RESOLUTION
Wishing a speedy recovery for Honorable Herschel Lovett; and for other purposes.

326

JOURNAL OF THE HOUSE,

WHEREAS, Honorable Herschel Lovett, a former member of the House of Representatives and of the Senate, is confined to the hospital in his home town of Dublin, Georgia; and

WHEREAS, he served for a total of ten terms as a member of the House and three terms as a member of the Senate, and also served as a member of the State Board of Education from 1950 to 1957; and

WHEREAS, he was sponsor of some of the most significant legis lation that has been enacted in Georgia, and was an expert in fiscal matters affecting the State; and

WHEREAS, he is an outstanding businessman in Dublin and Wrightsville, Georgia, and is active in the civic, religious and public affairs of his locality and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the illness of Honorable Herschel Lovett and extend their best wishes for a speedy recovery.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this resolution to Honorable Herschel Lovett.

HR 96. By Messrs. Levitas and Farrar of the 77th, Dean of the 76th, Davis, Floyd and Granade of the 75th, Bell of the 73rd and many others:
A RESOLUTION
Expressing regret at the passing of Lieutenant Billy E. Cowart; and for other purposes.
WHEREAS, Lieutenant Billy E. Cowart, a veteran of seventeen years of service on the City of Decatur, Georgia Police Department, was killed in the line of duty during the early morning hours of January 17, 1971; and
WHEREAS, Lieutenant Cowart was the loving husband of a charm ing wife, Mrs. Jimmie Cowart, and the devoted father of three dutiful children, Eddie Cowart, Vicki Cowart and Michael Cowart; and
WHEREAS, Lieutenant Cowart was an active participant in the civic affairs of DeKalb County as a Mason, a Shriner and a member of the Peace Officers Association of Georgia; and
WHEREAS, Lieutenant Cowart was a man of deep Christian faith and an active member of the Rehoboth Presbyterian Church; and
WHEREAS, Lieutenant Cowart was highly respected amongst his fellow peace officers and other peace officers across Georgia for the

THURSDAY, JANUARY 21, 1971

327

courage, the commitment, the ability and the dedication with which he discharged his duties; and

WHEREAS, Lieutenant Cowart believed deeply in the American dream of an orderly society with justice for all people wherein the strong are just, the weak secure and the peace preserved; and

WHEREAS, Lieutenant Cowart will be sorely missed by all who knew him and will long be remembered for the contribution which he made to his community.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest and profoundest gratitude to his family for the great sacrifice which they have laid upon the altar of freedom and its sincerest regret at such a grievous loss to the State of Georgia, and ex tend their heartfelt sympathy to the members of his family.

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 City of Decatur Police Department and to the family of Lieutenant Billy E. Cowart.

Mr. Matthews of the 63rd moved that the following Bill of the House be recommitted to the Committee on Agriculture for further study:
HB 108. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell of the 70th, Hadaway of the 27th, Wheeler of the 57th, Strickland of the 56th and Hudson of the 28th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render the same free of any infectious or contagious disease which might affect domestic animals or human beings, so as to prohibit the feeding of garbage to swine; and for other purposes.

The motion prevailed and HB 108 was recommitted to the Committee on Agriculture for further study.

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

HB 72. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Calhoun County, known as the fee system; to pro vide in lieu thereof annual salary for such officer; and for other pur poses.

328

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 78. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City of LaGrange; and for other purposes.

The report 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 85. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to create a system of pensions and retire ment pay for officers, deputies and employees of Clayton County and the Clayton County Water 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 115, nays 0.

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

Mr. Howell of the 60th moved that the following Bill of the House be withdrawn from the Committee on State of Republic and referred to the Com mittee on Industry:

THURSDAY, JANUARY 21, 1971

329

HB 160. By Mr. Lane of the 101st:
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 it shall not be necessary for full-time plumbing inspectors employed by po litical subdivisions, who hold master plumbing certificates, to renew their certificates; and for other purposes.

The motion prevailed and HB 160 was withdrawn from the Committee on State of Republic and referred to the Committee on Industry.

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

HR 54-126. By Messrs. Smith of the 43rd, Edwards of the 45th, Larsen of the 42nd, Hadaway of the 27th, Lewis of the 37th, Wilson of the 117th, Smith of the 39th, Roach of the 10th, Wamble of the 69th and many others:
A RESOLUTION
Making application to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Con stitution of the United States; and for other purposes.
WHEREAS, a resolution of our nation's myriad and diverse prob lems is contingent upon a viable partnership between the federal gov ernment and strengthened state governments; and
WHEREAS, the federal government, by its extensive reliance on the graduated income tax as a revenue source, has virtually preempted the use of this source from state and local governments, thereby creat ing a disabling fiscal imbalance between the federal government and the state and local governments; and
WHEREAS, increasing demands upon state and local governments for essential public services have compelled the states to rely heavily on highly regressive and inelastic consumer taxes and property taxes; and
WHEREAS, federal revenues based predominantly on income taxes increase significantly faster than economic growth, while state and local revenues based heavily on sales and property taxes do not keep pace with economic growth; and
WHEREAS, the fiscal crisis at state and local levels has become the overriding problem of intergovernmental relations and of continu ing a viable federal system; and

330

JOURNAL OF THE HOUSE,

WHEREAS, the evident solution to this problem is meaningful sharing of federal income tax resources; and

WHEREAS, the United States Congress, despite the immediate and imperative need therefor, has failed to enact acceptable revenue sharing legislation; and

WHEREAS, in the event of such Congressional inaction, Article V of the Constitution of the United States grants to the states the right to initiate constitutional change by applications from the legislatures of two-thirds of the several states to the Congress, calling for a constitu tional convention; and

WHEREAS, the Congress of the United States is required by the Constitution to call such a convention upon the receipt of applications from the legislatures of two-thirds of the several states.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, pursuant to Article V of the United States Constitution, the General Assembly of Georgia does hereby make application to the Congress of the United States to call a convention for the sole and exclusive purpose of proposing to the several states a constitutional amendment which shall provide that a portion of the taxes on income levied by Congress pursuant to the sixteenth amend ment of the United States Constitution shall be made available each year to state governments and political subdivisions thereof, by means of direct allocation, tax credits, or both, without limiting directly or indirectly the use of such monies for any purpose not inconsistent with any other provision of the Constitution of the United States; and
BE IT FURTHER RESOLVED that this application shall con stitute a continuing application for such convention pursuant to Article V until the legislatures of two-thirds of the states shall have made like applications and such convention shall have been called by the Congress of the United States unless previously rescinded by this Gen eral Assembly; and
BE IT FURTHER RESOLVED that certified copies of this reso lution be presented by the Secretary of State forthwith to the Presi dent of the Senate and the Speaker of the House of Representatives of the United States and to the legislatures of each of the several states attesting the adoption of this resolution by the General Assembly of Georgia.

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, JANUARY 21, 1971

331

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Battle Bell Berry Black Bohannon , Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Edwards Ezzard Farrar Pelton Praser Gary Geisinger Gignilliat Grantham

Greer Griffin Hadaway Ham Harrington Harris Hawes Hays Hood Housley Howard Hudson, C. M. Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Larsen, G. K. Larsen, W. W. Leggett Lewis Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble

Nunn Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett
Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson
Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Bond

Bostick Bowen Brown, B. D.

Busbee Collier Collins, S.

332
Drury Floyd, L. R. Granade Harrison Hill, B. L.

JOURNAL OF THE HOUSE,

Johnson Lane, Dick Lane, W. J. Lee, W. S. Logan

Melton Murphy Odom Savage

Those not voting were Messrs.:

Barfield Bennett, J. T. Bennett, Tom Chandler Cook Daugherty Dean, N. Egan Evans Floyd, J. H. Gaynor

Grahl Gunter Hamilton Hill, G. Horton Howell Hudson, Ted Lee, W. J. (Bill) Levitas Lowrey McCracken

Moore Northcutt Peters Pickard Pinkston Shepherd Smith, J. R. Townsend Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 139, nays 23.

The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tern assumed the chair.

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

HB 27. By Messrs. Sorrells of the 24th and Lambert of the 25th:
A Bill to be entitled an Act to amend an Act placing the District Attorneys of the Superior Courts of this State upon an annual salary, so as to provide for the payment of certain expenses incurred by the district attorneys in the performance of their official duties; and for other purposes.

Mr. Bell of the 73rd moved that further consideration of HB 27 be post poned until February 8, 1971.

THURSDAY, JANUARY 21, 1971

333

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton
Bell Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brown, C. Buck Burruss Carter Chance Cole Collins, M. Collins, S. Colwell Coney, J. L.
Cook Dailey Davis, E. T. Dixon Dorminy Egan Ezzard Farrar Floyd, L. R. Fraser Gary

Gei singer Granade Grantham Greer Gunter Hadaway Harris Hawes Hays Hill, B. L. Hood Hudson, C. M. Isenberg
Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Leggett Logan Longino Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell Milford Moore Moyer

Mullinax Noble Northcutt Nunn Patterson Patten Peters Phillips, L. L. Pickard Poole Potts Rainey Reaves Ross Rush Salem Savage Shanahan Sims Smith, J. R. Smith, V. T. Stephens Strickland Toles Townsend Triplett Tripp Turner Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.

Battle Bennett, Tom Brantley, H. L. Brown, S. P. Busbee Carr Chandler Chappell Clements Collier

Coney, G. D. Conger Connell
Dean, Gib Dean, N. Dent Edwards Evans Felton Gignilliat

Griffin Ham Housley Howard Howell Hutchinson Johnson Knowles Kreeger Lambert

334
Larsen, W. W. Lee, W. S. Levitas Mason McDaniell McDonald Melton Merritt Miles Morgan Mulherin

JOURNAL OF THE HOUSE,

Nessmith Oxford Pearce Phillips, W. R. Pinkston Roach Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shepherd

Sherman Smith, H. R. Snow Sorrells Sweat Thomason Thompson Wamble Ware Wilson

Those not voting were Messrs.:

Alexander, W. H. Barfield Bennett, J. T. Bond Bray Brown, B. D. Cheeks Daugherty Davis, W. Dean, J. E.

Drury Floyd, J. H. Gaynor Grahl Hamilton Harrington Harrison Hill, G. Horton Hudson, Ted

Lewis Lowrey McCracken Miller Murphy Odom Phillips, G. S. Vaughn Mr. Speaker

On the motion, the ayes were 104, nays 62.

The motion prevailed and further consideration of HB 27 was postponed until February 8, 1971.
Mrs. Merritt of the 46th moved that the following Bill of the House be recommitted to the Committee on Agriculture for further study:

HB 126. By Mrs. Merritt of the 46th, Messrs. Matthews and Patten of the 63rd, Grantham of the 55th, Hudson of the 48th, Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Food Act", so as to define the term "food sales establishment"; and for other purposes.
The motion prevailed and HB 126 was recommitted to the Committee on Agriculture for further study.

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

THURSDAY, JANUARY 21, 1971

335

HB 138. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend the "Insurance Premium Finance Company Act", so as to provide what when a financed insurance con tract is cancelled, the insurer shall file with the agent, agency or broker placing the insurance, a report setting forth an itemization of the earned and unearned premiums under such policy; and for other purposes.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S.

Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton

Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino

336
Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson

JOURNAL OP THE HOUSE,

Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R.

Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland
Sweat Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Berry Bostick Bowen Bray Buck Daugherty Drury Floyd, J. H. Gaynor

Gunter Hill, B. L. Hill, G.
Hood Hudson, Ted Lowrey Mason McCracken Moore

Murphy Phillips, G. S. Russell, W. B. Shepherd Thomason Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 170, nays 0.

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

Mr. Salem of the 51st moved that the following Bill of the House be with drawn from the Committee on Education and referred to the Committee on Ways and Means:
HB 38. By Messrs. Salem of the 51st and Lewis of the 37th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the pro-

THURSDAY, JANUARY 21, 1971

337

visions relating to the participation by the State and local governments in the cost of the Minimum Foundation Program; and for other pur poses.

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

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr
Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon

Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grantham Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hutehinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W.

Lee, W. J. (Bill) Lee, W. S. Leggett Levitas
Logan Longino Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.

338
Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells

JOURNAL OF THE HOUSE,

Stephens Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn

Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T. Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. P. Carter Colwell Dorminy

Drury Floyd, J. H. Grahl Granade Greer Hadaway Hill, G. Hudson, Ted Lane, W. J. Lewis Lowrey

Matthews, D. R. McCracken Murphy Nessmith Phillips, G. S. Rainey Salem Shanahan Strickland Mr. Speaker

On the motion, the ayes were 0, nays 163.
The motion was lost.
Mr. Salem of the 51st arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 81. By Messrs. Roach, Poole and Harris of the 10th, Jones of the 4th, Whitmire and Wood of the llth:
A Bill to be entitled an Act to amend an Act providing for one addi tional Judge of the Superior Court of the Blue Ridge Judicial Circuit, so as to add one court reporter of the Blue Ridge Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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339

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom
Berry Black Blackshear
Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon

Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)

Lee, W. S. Leggett Levitas Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L, L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough

340
Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Stephens Strickland

JOURNAL OF THE HOUSE,

Thomason Thompson Toles Townsend Triplett Tripp Turner
Vaughn

Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Sorrells.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bohannon Brown, C. P. Dean, J. E. Drury Floyd, J. H. Grantham

Greer Hadaway Hill, G. Hudson, Ted Lewis Lowrey McCracken Murphy

Pickard Russell, W. B. Smith, J. R. Snow Sweat Wamble Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 1.

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

Mr. Busbee of the 61st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 9:30 o'clock, tomorrow morning.

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341

Representative Hall, Atlanta, Georgia Friday, January 22, 1971

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. Reece Turrentine, Pastor, First United Methodist Church, Fort Valley, Georgia:
Our Father, Thou art closer to us today because one so close to us is in Thy keeping. We thank Thee that his footprints led from this State to places across the world. Footprints not in sand, to be swept away by the tides of night: not in clay that dries crusty and brittle but in stone and marble--from halls of government, places of justice, and temples of faith.
There will be many testimonies of honor today but if our gratitude is genuine, we will not only speak of his qualities but try to incorporate them into our lives.
We will do him honor best by trying to be like him. We will show our love for him by doing the things he loved. We will show our grati tude by being leaders that will make him proud.
There is more for us to do because he is not here. May we be stronger and kinder to compensate for his loss. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell

Coney, G. D. Coney, J. L. Conger Connell Dailey
Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard

342
Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole

Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.
Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland
Sweat Thomason Thompson Toles Town send Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

The following Resolution of the House was read:

HR 103. By Messrs. Smith of the 43rd, Busbee of the 61st, Griffin of the 68th, Williams of the llth, Grahl of the 40th, Melton of the 32nd, Adams of the 100th and many others:
A RESOLUTION
Expressing regrets at the passing of the Honorable Richard Brevard Russell; and for other purposes.

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343

WHEREAS, on January 21, 1971, the State, the nation and the world suffered an incalculable loss at the death of Honorable Richard Brevard Russell, United States Senator from Georgia; and

WHEREAS, Senator Russell was born November 2, 1897 in Winder, Barrow County, Georgia, the son of Richard Brevard and Ina Dillard Russell; and

WHEREAS, he attended the public schools, was graduated from the Seventh District A & M School, Powder Springs, Georgia in 1914, from Gordon Institute in Barnesville, Georgia in 1915 and from the University of Georgia Law School in 1918; and

WHEREAS, he was admitted to the Bar of this State and began the practice of law in Winder in 1919, and also served as County At torney of his native Barrow County; and

WHEREAS, he was elected to the Georgia House of Representatives from Barrow County in 1921, where he served until 1931, during which period of service he was a Speaker Pro Tempore for four years and Speaker for four years; and

WHEREAS, he served as Governor of Georgia from January 27, 1931 to January 10, 1933, taking office as United States Senator on January 12, 1933, an office to which he was elected in 1932 to fill the unexpired term of William J. Harris; and

WHEREAS, during his tenure in the Senate he served on many committees, his most notable service being as Chairman of the Armed Service Committee and as Chairman of the Appropriations Committee; and
WHEREAS, in 1969 he was honored by being elected President Pro Tempore of the Senate, and at his death was the Dean of the Senate, having served continuously for 38 years; and

WHEREAS, he served the people of Georgia as United States Sen ator longer than anyone else in history; and

WHEREAS, he was the only Senator in history who served in the Senate more than half his life; and

WHEREAS, early in his career he became noted as the most able parliamentarian in the Senate, a reputation which he maintained throughout his long service; and

WHEREAS, his life was one of complete dedication to the service of his State and nation and his sphere of influence was worldwide in scope; and
WHEREAS, his ideals, his sense of fair play, his integrity, and his code of personal ethics were never tarnished and never questioned; and

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WHEREAS, he was the most respected Senator to serve in the Upper Body of the United States Congress, and his advice and counsel were sought by all members of the Senate and House of Representatives, as well as by Presidents;

WHEREAS, the impact of his public service will be felt for many long years in the future, and the United States has been and will be a greater nation because of his having served in the United States Senate; and

WHEREAS, Georgians in all walks of life mourn his passing but take pride in the memory of the high ideals which he exemplified during his long years of public service.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body hereby join with all persons everywhere in expressing their deepest and profoundest regrets at the passing of Honorable Richard Brevard Russell, and extend their heartfelt sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to the family of Senator Russell.

Immediately following the reading of the Resolution, the Speaker presented two close relatives of the late Senator Russell who are now serving as members of the House, the Honorable Alex B. Russell, M.D., Representative of the 14th District and youngest brother of the Senator and the Honorable Walter B. Rus sell, Jr., Representative of the 77th District and nephew of the Senator both of whom addressed the House sharing some of the personal reflections of the illustrious statesman whose body will lie in state in the rotunda of the State Capitol this day and tomorrow before being laid to rest in his native town of Winder, Georgia.

The entire membership of the House stood in silence, thereby adopting the Resolution.

By unanimous consent, HR 103 was ordered immediately transmitted to the Senate.

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

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345

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 228. By Messrs. Snow, Hays and Clements of the 1st and Peters of the 2nd:
A Bill to be entitled an Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), so as to increase compensation which may be paid the clerk-typist of the district attorney and for other purposes.
Referred to the Committee on Judiciary.

HB 229. By Messrs. Miller of the 83rd, Pinkston and Scarborough of the 81st and Coney of the 82nd:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to promote, stage or conduct any musical or entertainment event unless a permit is obtained from the Secretary of State; and for other purposes.
Referred to the Committee on Industry.

HB 230. By Messrs. Scarborough, Bennett, Evans, Pinkston and Brown of the 81st, Coney of the 82nd, Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating the office of Assistant Solicitor of the State Court of Bibb County, so as to provide for the creation of two offices of Assistant Solicitor of said Court; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HB 231. By Messrs. Matthews and Logan of the 16th and Maxwell of the 17th:
A Bill to be entitled an Act to amend Code Section 32-111, providing for compensation and expenses for members of the Board of Regents, so as to provide that members of the Board of Regents shall receive compensation and expenses for attendance at meetings of the Board and travel, within or without the State, as a member of a committee of the Board which has been authorized by the Chairman or by action of the Board; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 232. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Code Section 84-1109 relating to the annual registration of optometrists, so as to provide for the annual renewal of certificates to practice optometry; and for other purposes.
Referred to the Committee on Health & Ecology.

HB 233. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Section 84-1105 of the Code of Georgia, pertaining to the Georgia State Board of Examiners and Optometry, establishing the qualifications of applicants for registration to practice optometry, designating1 the subjects upon which an applicant shall be examined, and providing for the payment of fees, so as to increase the examination and registration fees; and for other purposes.
Referred to the Committee on Health & Ecology.

HR 88-233. By Mr. Rush of the 51st: A Resolution to compensate Tattnall County; and for other purposes.
Referred to the Committee on Appropriations.

HR 89-233. By Mr. McDonald of the 15th:
A Resolution to compensate Charlie K. Leachman; and for other pur poses.
Referred to the Committee on Appropriations.

HR 90-233. By Messrs. Evans, Bennett, Brown, Pinkston and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:
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.
Referred to the Committee on Natural Resources.

FRIDAY, JANUARY 22, 1971

347

HR 91-233. By Messrs. Snow, Hays and Clements of the 1st: A Resolution compensating R. L. Dotson; and for other purposes.
Referred to the Committee on Appropriations.

HR 92-233. By Mr. Brantley of the 52nd: A Resolution compensating Mr. C. B. Smith; and for other purposes.
Referred to the Committee on Appropriations.

HB 234. By Messrs. Lane of the 101st and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, so as to provide for the protection of alligators, crocodiles and caimen; and for other purposes.
Referred to the Committee on Game and Fish.

HB 235. By Messrs. Buck, Pearce and Pickard of the 84th, King and Davis of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide an annual salary for the coroner of certain counties in lieu of all fees or other emoluments to authorize certain expenses incidental to the office of coroner of such counties; and for other purposes.
Referred to the Committee on Retirement.

HB 236. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing the salary of the sheriff of Muscogee County, so as to change the salary of said sheriff; and for other purposes.
Referred to the Committee on Retirement.

HB 237. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
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 establishing in lieu thereof a municipal court in and for the City of Columbus, so as to change the compensation of the judge, clerk and marshal of said court; and for other purposes.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE,

HB 238. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.
Referred to the Committee on Retirement.

HB 239. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judge, solicitor and assistant solicitor of said Court; and for other purposes.
Referred to the Committee on Retirement.

HB 240. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act abolishing the office of tax receiver and tax collector of Muscogee County and creating the office of tax commissioner of said county, so as to change the compensa tion of said tax commissioner; and for other purposes.
Referred to the Committee on Retirement.

HB 241. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said Ordinary; and for other purposes.
Referred to the Committee on Retirement.

HB 242. By Messrs. Bostick of the 63rd. Bennett of the 71st, Chance of the 44th, Coney of the 118th, Salem of the 51st, Adams of the 100th, Williams of the llth, Grantham of the 55th and others:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to increase the rate of tax on all distilled spirits imported into the State of Georgia and on all alcohol imported into the State of Georgia; and for other purposes.
Referred to the Committee on Ways and Means.

FRIDAY, JANUARY 22, 1971

349

HB 243. By Messrs. Snow of the 1st, Lee of the 61st, Bennett of the 71st, Coney of the 118th, and others:
A Bill to be entitled an Act to completely revise, amend, and supersede the provisions of Georgia Law relating to criminal procedure; and for other purposes.
Referred to the Committee on Judiciary.

HB 244. By Messrs. Rainey of the 47th, Housley of the 117th, Peters of the 2nd, Adams of the 100th, Hays of the 1st and Strickland of the 56th:
A Bill to be entitled an Act to amend Code Chapter 36.1.1 known as the "State Properties Acquisition Law", so as to authorize the State Game and Fish Commission to acquire certain parcels of property and to provide that the provisions of said law shall not apply to the acquisition of such parcels; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 97-244. By Mr. Smith of the 43rd:
A Resolution to compensate Mr. William Nipper; and for other pur poses.
Referred to the Committee on Appropriations.

HB 245. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the excise tax on motor fuel, so as to increase the exise tax imposed on all distributors of motor fuel; and for other purposes.
Referred to the Committee on Ways and Means.

HB 246. By Mr. Mason of the 13th:
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 levied therein the sale or use of motor fuels; and for other purposes.
Referred to the Committee on Ways and Means.

HB 247. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to increase the tax on imported distilled spirits and alcohol; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

HB 248. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for license and excise taxes upon the business of dealing in malt beverages, so as ta increase the malt beverage excise tax; and for other purposes.
Referred to the Committee on Ways and Means.

HR 98-248. By Messrs. Cole, Turner and Smith of the 3rd: A Resolution compensating H. L. Plott; and for other purposes.
Referred to the Committee on Appropriations.

HR 99-248. By Messrs. Cole, Turner and Smith of the 3rd: A Resolution compensating E. Conrad Duke; and for other purposes.
Referred to the Committee on Appropriations.

HR 100-248. By Mr. Mason of the 13th:
A Resolution proposing an amendment to the Constitution so as ta allocate to the State Highway Department all monies derived from the annual registration and licensing fees imposed upon motor vehicles; and for other purposes.
Referred to the Committee on Ways and Means.
HB 249. By Messrs. Adams of the 100th, Lane of the 101st and Savage of the 104th:
A Bill to be entitled an Act to amend Section 92-6911 of the Code of Georgia, so as to provide for the method of giving notice to any tax payer of any changes made in his return; and for other purposes.
Referred to the Committee on State of Republic.

HR 101-249. By Mr. Wilson of the 117th:
A Resolution compensating Mr. Ray Douglas Martin; and for other purposes.
Referred to the Committee on Appropriations.

HB 250. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to provide that the clerks of the State Courts in this State shall not be required to file any civil case or proceeding until a deposit in the amount of $20 has been filed with said clerk on. account of cost; and for other purposes.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 22, 1971

351

HB 251. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 13-2013, relating to the limit of loans by banks, so as to provide that the limitation on loans shall not apply to certain loans to any person, firm or corporation; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 252. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Title 109, relating to trust companies, so as to change the fee for filing an application to organize a trust company; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 253. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law", so as to change the minimum capital stock require ments in applications for new charters; to change the fee for filing an application with the Secretary of State for a bank charter; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 254. By Mr. Mason of the 13th:
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 Judiciary.

HB 255. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to prohibit any corporation which is a private foundation from engaging in any act of self-dealing, retaining any excess business holdings, making any investments which would jeopardize the carrying out of any of the exempt purposes of the corpo ration, or making any taxable expenditures; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 256. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to prohibit engaging in any act of selfdealing, retaining any excess business holdings, making any investments which would jeopardize the carrying out of any of the exempt purposes of a trust, or making any taxable expenditures in the administration

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JOURNAL OF THE HOUSE,

of any trust which is a foundation, charitable trust or split interest trust; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 257. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Title 113 of the Code, relating to wills, descent and administration of estates, so as to reduce the time within which an administrator may pay the debts of the estate; and for other purposes.
Referred to the Committee on Judiciary.

HB 258. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating a system of retirement and pension pay for employees of the City of Decatur, so as to provide that excess funds in the city employee retirement fund may be invested subject to the restrictions placed upon investments of domes tic life insurance company; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 259. By Mr. Levitas of the 77th:
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 in the County of DeKalb, so as to authorize the City of Decatur to close to public use a part of a certain park located within said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 260. By Messrs. Levitas of the 77th and Mulherin of the 78th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities for the purpose of aiding in the construction and maintenance of streets, so as to provide that for the purpose of apportioning and allocating grants the term "incorporated municipality" shall also include certain counties; and for other pur poses.
Referred to the Committee on State of Republic.
HB 261. By Messrs. Levitas, Thomason, Farrar and Russell of the 77th, Mul herin and Cheeks of the 78th, Smith of the 80th, Westlake of the 75th and Geisinger of the 72nd:
A Bill to be entitled an Act to authorize any county which performs any three of the municipal type services to any of its citizens to receive

FRIDAY, JANUARY 22, 1971

353

grants from the State and Federal Government in same manner and to the same extent as any city lying wholly or partially in such county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 262. By Messrs. Levitas of the 77th and Mulherin of the 78th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities to be used for any public purposes, so as to provide that, for the purpose of distribution of such grants, the term "incorporated municipality" shall also include certain counties; and for other purposes.
Referred to the Committee on State of Republic.

HR 102-262. By Messrs. Hadaway of the 27th and Ham of the 33rd:
A Resolution naming the recently completed bridge spanning the Ocmulgee River in Juliette, Georgia "The John Neville Birch Memorial Bridge"; and for other purposes.
Referred to the Committee on Highways.

HB 263. By Messrs. Gaynor of the 88th, Longino of the 98th, Shanahan of the 8th and Pinkston of the 81st:
A Bill to be entitled an Act to relieve national banking associations, State banks and trust companies with capital and surplus of $200,000 or more from furnishing security or sureties on bonds executed as ad ministrators, executors or guardians; and for other purposes.
Referred to the Committee on Banks and Banking.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 203. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post-trial procedure in civil cases, known as the "Georgia Civil Practice Act", so as to completely revising and supersede Section 33 of said Act, relating to interrogatories to parties; and for other purposes.

HB 204. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Montgomery County, so as to change the compensation, of the tax commissioner; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 205. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Montgomery County upon an annual salary, so as to change the com pensation of the deputy sheriff; and for other purposes.

HB 206. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to provide that the Board of Education of Treutlen County may be appointed by the Grand Jury of Treutlen County in accordance with Code Section 39-903, relating to qualifica tions of members of county boards of education, irrespective of militia districts; and for other purposes.

HB 207. By Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to authorize and regulate nonprofit corpo rations providing prepaid comprehensive health care; and for other purposes.

HB 208. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, so as to provide that certain officials of the State Board of Workmen's Compensation shall not be subject to the laws and rules and regulations of the State Merit System; and for for other purposes.

HB 209. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act authorizing the superior court judge or judges in any county in this State elected in any judicial circuit of the State having a population of not less than 65,500 and not more than 65,600, to establish and maintain a law library for the use of the judges, solicitors and other court officials, so as to change the upper limit on the compensation of the library official; and for other purposes.

HB 210. By Messrs. Adams of the 100th, Rainey of the 47th, Grahl of the 40th, Lane of the 101st and Savage of the 104th:
A Bill to be entitled an Act to require the display of information re lating to maximum capacity on watercraft; and for other purposes.

HB 211. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend Code Section 59-801, relating to jury panels in felony trials, so as to change the number of jurors who must be impaneled in felony trials; and for other purposes.

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355

HB 212. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to reincorporate the City of Arlington in the County of Calhoun and Early; and for other purposes.

HR 71-212. By Mr. Matthews of the 63rd:
A Resolution compensating Mr. Stanley M. Councellor and Mr. Michael A. Councellor; and for other purposes.

HR 72-212. By Mr. Toles of the 9th:
A Resolution compensating Chaplain Zesely B. Cox; and for other purposes.

HR 73-212. By Mr. Patten of the 63rd: A Resolution compensating Mrs. Lexie W. Flup; and for other purposes.

HR 74-212. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to reduce the residency requirements for voting; and for other purposes.

HR 75-212. By Messrs. Salem of the 51st, Wheeler of the 57th, Lewis of the 37th, Dorminy of the 48th, Phillips of the 50th, Brown of the 32nd and Hadaway of the 27th, Whitmire and Wood of the llth:
A Resolution proposing an amendment to the Constitution, so as to change the maximum school tax levy from twenty mills to 15 mills; and for other purposes.

HR 76-212. 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; to provide that there shall be a right of appeal from inferior judicatories to the superior courts in the same manner as appeals are entered from justice of the peace courts; and for other purposes.

HR 77-212. By Mr. Chandler of the 34th:
A Resolution transferring control and jurisdiction over a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract of land or portions thereof to Baldwin County and the City of Milledgeville; and for other purposes.

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HE 78-212. By Mr. Bennett of the 71st:
A Resolution compensating Mr. Willie Carl Davis; and for other purposes.

HR 79-212. By Messrs. Brown and Melton of the 32nd:
A Resolution compensating Hensley Office Equipment Company; and for other purposes.

HB 213. By Mr. Brown of the 32nd:
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 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 214. By Messrs. Chandler of the 34th, Dailey of the 53rd, Burruss of the 117th, Rush of the 51st, Thompson of the 85th, Jones of the 87th, Edwards of the 45th, Potts of the 30th and Harrison of the 58th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to permit convicts to do contract work for private industry; and for other pur poses.

HB 215. By Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act providing for the terms of the Superior Court of Sumter County, so as to provide for two additional terms of said Superior Court; and for other purposes.

HB 216. By Messrs. Bell of the 73rd, Jordan of the 74th, Berry of the 85th and Gary of the 21st:
A Bill to be entitled an Act to require applications for rezoning to be reviewed by certain State departments, boards, commissions and other State agencies and by area planning and development commissions and by certain local planning commissions; and for other purposes.

HB 217. By Messrs. Bell of the 73rd, Jordan of the 74th, Berry of the 85th and Gary of the 21st:
A Bill to be entitled an Act to provide that each county and municipality of this State, by appropriate resolution or ordinance, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes; and for other purposes.

FRIDAY, JANUARY 22, 1971

357

HB 218. By Messrs. Bennett, Evans and Scarborough of the 81st, Dean of the 13th, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life in prison and other Acts relating to indeterminate sentences, so as to pro vide that pending indictments against the defendant shall not be presented to the jury in pre-sentence hearings; and for other purposes.

HB 219. By Messrs. Greer, Felton, Hawes, Cook and Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Gary of the 21st, Bond of the lllth, Alexander of the 108th nad Marcus of the 105th:
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 provide for the levy of a local option sales and use tax for rapid transit purposes in certain counties and cities; and for other purposes.
HB 220. By Messrs. Greer, Felton, Hawes, Cook and Horton of the 95th, Egan of the 116th, and Gary of the 21st, Mrs. Hamilton of the 112th, Messrs. Marcus of the 105th, Bond of the lllth and Alexander of the 108th:
A Bill to be entitled an Act to amend The Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to authorize certain local govern ments to levy a retail sales and use tax under certain circumstances; and for other purposes.
HB 221. By Messrs. Keyton and Russell of the 70th, Cheeks of the 78th and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act relating to the giving of security by the owners and operators of certain motor vehicles, so as to provide that no license of an operator or the registration of the owner shall be suspended until the Director of the Department of Public Safety shall receive notification that there is an unsatisfied judgment against said party arising out of an accident covered by the provisions of said Act; and for other purposes.
HB 222. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities and counties to establish sepa rate or joint planning commissions, so as to provide that the division of land into parcels where no new street is involved and the resultant lots are equal to standards of the municipality or county in which the division of land shall not be included within the meaning of the term "subdivision"; and for other purposes.

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HB 223. By Messrs. Levitas of the 77th, Lee of the 21st, Smith of the 43rd, Mason of the 13th, Hawes of the 95th, Murphy of the 19th, Davis of the 75th, Gary of the 21st, Geisinger of the 72nd and others:
A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to clarify what costs may be capitalized as costs of a rapid transit system or project; and for other purposes.

HB 224. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act providing for the creation of office of Judge of Superior Courts Emeritus, so as to extend the time in which certain judges of superior courts, in order to be eligible to receive the benefits provided by said Act, may begin making the contributions required by said Act; and for other purposes.

HR 82-224. By Mr. Maxwell of the 17th:
A Resolution compensating Mr. Wyatt C. Adams; and for other pur poses.

HR 83-224. By Mr. Wamble of the 69th: A Resolution compensating F. W. Roddenbery; and for other purposes.

HB 225. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to provide the procedure that wholesale dealers shall use in paying malt beverage taxes; and for other pur poses.

:HR 84-225. By Mr. Dixon of the 65th:
A Resolution compensating Mr. Samuel D. Fulford d/b/a Mincy Fulford Funeral Home; and for other purposes.

HR 85-225. By Mr. Dixon of the 65th: A Resolution compensating Mrs. Mary Hurst; and for other purposes.

HR 86-225. By Mr. Dixon of the 65th: A Resolution compensating Mr. Bill Murphy; and for other purposes.

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359

HB 226. By Mr. Westlake of the 75th:
A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the county board of educa tion shall be elected, and providing for the terms and method of electing such members, so as to provide that the county school superintendent shall be elected; and for other purposes.

HB 227. By Mr. Granade of the 75th:
A Bill to be entitled an Act to provide that in any case, civil or criminal, which is tried before a jury in courts below the level of superior court, said case shall be tried before a jury consisting of 6 members; and for other purposes.

HR 87-227. By Mr. Granade of the 75th:
A Resolution proposing an amendment to the Constitution so as to provide that in the superior court a jury of six shall hear civil cases and certain criminal cases; 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 has instructed me to report same back to the House with the following recommendations:
HB 105. Do Pass, by Substitute.
HB 108. Do Pass, as Amended.
HB 126. Do Pass, by Substitute.
Respectfully submitted, Matthews of the 63rd, Chairman.

Mr. Wayne Snow, Jr., of the 1st District, Chairman of the Committee on Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following

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Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 67. Do Pass, as Amended.

HB 70. Do Pass, as Amended.

HB 66. Do Pass, as Amended.

HB 95. Do Pass.

HB 69. Do Not Pass.

Respectfully submitted, Snow of the 1st, 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 169. Do Pass.

Respectfully submitted, Buck of the 84th, Chairman.

Mr. Roach of the 10th District, Chairman of the Committee on Special Judic iary 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 44. Do Pass.

HB 46. Do Pass.

Respectfully submitted, Roach of the 10th, Chairman.

FRIDAY, JANUARY 22, 1971

361

Mr. Levitas of the 77th District, Chairman of the Committee on State Planning and Community Affairs submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community 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 75. Do Pass, as Amended.

HB 170. Do Pass.

HB 178. Do Pass.

HB 180. Do Pass.

HB 189. Do Pass.

HB 204. Do Pass.

HB 205. Do Pass.

HB 206. Do Pass.

HB 212. Do Pass, as Amended.

Respectfully submitted, Levitas of the 77th, 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 following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 112. Do Pass.
HB 114. Do Pass.
Respectfully submitted, Melton of the 32nd, Chairman.

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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 Resolutions of the Senate, to-wit:

SR 17. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution opposing the lending of funds by the World Bank or the International Development Association to foreign countries for the pur pose of increasing the production of flue-cured tobacco; and for other purposes.

SR 19. By Senators Dean of the 6th, Spinks of the 9th 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 20. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution requesting each operator of a tobacco warehouse in the Georgia-Florida or Type 14 belt not to place the price support figures where they will be visible to the buyers; and for other purposes.

SR 21. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution urging the Industry-Wide Flue-cured tobacco Marketing Committee to give the Georgia-Florida flue-cured tobacco belt adequate marketing time in which to sell their tobacco and to help in any way possible to prevent tobacco produced in other belts from coming to Type 14 markets thereby delaying the opening of the markets north of the Type 14 area; and for other purposes.

SR 22. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution urging Georgia tobacco farmers to plant old-time highquality varieties of tobacco; and for other purposes.

FRIDAY, JANUARY 22, 1971

363

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

HB 2. By Messrs. Melton of the 32nd and Wamble of the 69th:
A Bill to amend an Act relating to the exemption from taxation of certain property, so as to exempt certain personal property from all ad valorem taxation; and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 75. By Mr. Dailey of the 53rd: A Bill to be entitled an Act to create and establish the CuthbertRandolph Airport Authority and to authorize such Authority to acquire and maintain airports and landing fields for the use of aircraft; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 75 as follows:
By striking the word "or" which appears on Line 27, Page 1, and by inserting in lieu thereof the word "of".
By striking the word "Chairman" which appears on Line 23, Page 3, and by inserting in lieu thereof the word "Chairman".
By striking the word "of" which appears on Line 19, Page 4, and by inserting in lieu thereof the word "or".
By inserting between the words "real" and "personal" as they appear on Line 2, Page 6, the word "and".
By striking the words "leases or" as they appear on Line 1, Page 7, and by inserting in lieu thereof the words "leases of".
By striking the first word "such" as it appears on Line 13, Page 10.
By striking the word "termporary" as it appears on Line 5, Page 12, and by inserting in lieu thereof the word "temporary".

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By striking the word "the" as it appears on Line 27, Page 13, and by inserting in lieu thereof the word "and".

By striking the word "extend" as it appears on Line 11, Page 16, and by inserting in lieu thereof the word "extent".

And by inserting in Section 6, subsection (c) on line 26 after the words "easements and franchises acquired," the following:

"including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such reloca tions are made necessary by the project."

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 170. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Jonesboro in Clayton County, so as to change the date of elections; and for other purposes.

The report 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 178. By Messrs. Smith, Cole and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act amending an Act in corporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to change the provisions relative to age at retirement date; and for other purposes.

FRIDAY, JANUARY 22, 1971

365

The report 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 180. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and Ordinary of Grady 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 120, nays 0.

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

HB 189. By Messrs. Pickard, Buck and Pearce of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, so as to comprehensively and exhaustively revise, supersede, consolidate and codify the law re lating to public health and the Muscogee County Department of Public Health; and for other purposes.

The report 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 169. By Mr. Lewis of the 37th: A Bill to be entitled an Act to provide that the governing authorities

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of certain counties shall supplement the compensation of certain district attorneys; 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 187. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th and Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide for the compensation of the judge of the juvenile court of certain counties of this State; to repeal a specific Act; 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 188. Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th and Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide for a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit to be paid from the funds of Muscogee 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.

FRIDAY, JANUARY 22, 1971

367

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

SR 17. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution opposing the lending of funds by the World Bank or the International Development Association to foreign counties for the purpose of increasing the production of flue-cured tobacco; and for other purposes.
Referred to the Committee on Agriculture.

SR 19. By Senators Dean of the 6th, Spinks of the 9th 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 20. Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th: A Resolution requesting each operator of a tobacco warehouse in the Georgia-Florida or Type 14 belt not to place the price support figures where they will be visible to the buyers; and for other purposes.
Referred to the Committee on Agriculture.
SR 21. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th: A Resolution urging the Industry-Wide Flue-Cured Tobacco Marketing Committee to give the Georgia-Florida flue-cured tobacco belt adequate marketing time in which to sell their tobacco and to help in any way possible to prevent tobacco produced in other belts from coming to Type 14 markets; and for other purposes.
Referred to the Committee on Agriculture.
SR 22. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th: A Resolution urging Georgia tobacco farmers to plant old-line highquality varieties of tobacco; and for other purposes.
Referred to the Committee on Agriculture.

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

HB 2. By Messrs. Melton of the 32nd and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act relating to the exemption from taxation of certain property, so as to exempt certain personal property from all ad valorem taxation; and for other purposes.

The following Senate amendment was read:
Senator Webb of the llth moves to amend HB 2 by striking from the second sentence of paragraph (b) of Section 1 (lines 19 and 20) the words "State, county, municipal and school district" and inserting in lieu thereof the word "all".

Mr. Melton of the 32nd moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.

Adams, G. D.
Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Atherton Barfield Battle Bell Bennett, J. T.
Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck

Burruss
Busbee
Carr Carter
Chance Chandler Chappell Clements
Cole Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger Connell
Dailey Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, J. E.
Dean, N. Dent Dixon

Dorminy Drury
Edwards Egan
Evans
Ezzard Farrar Felton Floyd, L. R.
Fraser Gary Gaynor
Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Ham Hamilton Harrington Harris Hawes Hays

FRIDAY, JANUARY 22, 1971

369

Hill, B. L. Hood Horton Housley Hudson, C. M. Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Longino Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell

McDaniell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, W. R. Pickard Pinkston Pool Potts Rainey Reaves Roach Ross Rush

Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative were Mr. Howard.

Those not voting were Messrs.:

Blackshear Cheeks Collier Cook Floyd, J. H. Greer Hadaway Harrison Hill, G.

Howell Hudson, Ted Hutchinson Lambert Leggett Lowrey Mason McCracken Morgan

Oxford Phillips, G. S. Phillips, L. L. Russell, H. P. Smith, H. R. Smith, V. T. Vaughn
Mr. Speaker

On the motion to agree, the ayes were 168, nays 1.

The motion prevailed and the Senate amendment to HB 2 was agreed to.

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

HR 110. By Messrs. Miles, Mulherin and Cheeks of the 78th, Connell and Dent of the 79th, Smith and Sherman of the 80th and Buck of the 84th:
A RESOLUTION
Commending Mr. Leslie Townes "Bob" Hope; and for other pur poses.
WHEREAS, Mr. Leslie Townes "Bob" Hope is one of the most famous and gifted entertainers in the world; and
WHEREAS, Mr. Hope's ability as an entertainer is exceeded only by his unselfishness in contributing his time, energy and resources in entertaining United States servicemen all over the world for many years; and
WHEREAS, Mr. Hope recently completed his 20th annual enter tainment tour of United States military bases overseas; and
WHEREAS, Mr. Hope and other famous members of his troupe have been of the utmost value in contributing to the morale of our servicemen through these annual entertainment tours; and
WHEREAS, because of his outstanding accomplishments and devotion to the ideals of the United States, Mr. Hope is recognized as one of our country's finest citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that Mr. Leslie Townes "Bob" Hope is hereby commended for his great achievements and for contributing his valuable time and ability by entertaining United States servicemen overseas during his annual tours for the last 20 years.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Mr. Leslie Townes "Bob" Hope; Honorable Richard M. Nixon, President of the United States; Honorable Melvin Laird, Secretary of Defense; and to General William C. Westmoreland, Chief of Staff, United States Army.

HR 111. By Messrs. Matthews of the 63rd, Reaves of the 71st, Collins of the 62nd, Russell of the 70th and many others:
A RESOLUTION
Opposing the lending of funds by the World Bank or the Inter national Development Association to foreign countries for the purpose

FRIDAY, JANUARY 22, 1971

371

of increasing the production of flue-cured tobacco; and for other pur poses.

WHEREAS, a surplus of flue-cured tobacco exists in our own country and in several other countries around the world; and

WHEREAS, increases in production of flue-cured tobacco in de veloping countries will definitely lead to increased export competition with United States-grown tobacco; and

WHEREAS, United States tobacco growers have taken tremendous reductions in their acreage and poundage marketed in an effort to bring supply in line with demand; and

WHEREAS, granting loans for the purpose of increasing foreign production of a commodity already in world surplus and especially in surplus in our own country is economically unsound and constitutes a flagrant violation or misuse of tax funds.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby oppose the granting of loans by the World Bank or the International Development Association to any foreign country for the purpose of increasing their production of flue-cured tobacco.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to the Secretary of Agriculture, Clifford M. Hardin; Under secretary of Agriculture, J. Phil Campbell; all members of the United States Senate; all members of the United States House of Representa tives; the Chairman of the National Senate and House Agriculture Committees and the Georgia Commissioner of Agriculture, Thomas T. Irvin.

HR 112. By Messrs. Matthews of the 63rd, Reaves of the 71st, Collins of the 62nd, Russell of the 70th and many others:
A RESOLUTION
Urging the Secretary of Agriculture to withhold price support from tobacco until the markets have opened in the area where such tobacco is grown; and for other purposes.
WHEREAS, the cross belt movement of tobacco has complicated and sometimes prevented the orderly marketing of flue-cured tobacco; and
WHEREAS, all segments of the tobacco industry would benefit if tobacco was sold at the markets near where it was grown because growers, buyers and warehousemen would be better qualified to plan their respective part of the selling operation; and

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WHEREAS, it is apparent that the withholding of price support by the Secretary of Agriculture until the markets in the area where the tobacco is grown have been opened will decrease substantially the flow of tobacco for auction from one belt to another and will provide orderly marketing in the flue-cured areas.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urge the Secre tary of Agriculture to grant price support for tobacco grown in each belt only after the markets in the belt in which the tobacco is grown have opened for auction sales.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to the Honorable Clifford M. Hardin, United States Secretary of Agriculture, and to Undersecretary of Agriculture J. Phil Campbell
and also to Mr. Frank M. Bryant, Chairman of the Industry-Wide Flue-Cured Tobacco Marketing Committee.

HR 113. By Messrs. Hood of the 99th, Dean of the 76th and Shepherd of the 107th:
A RESOLUTION
Paying tribute to the Black soldiers who have given their lives on the field of battle in Vietnam; and for other purposes.
WHEREAS, the majority of the American soldiers fighting in Vietnam are Black; and
WHEREAS, the majority of the American soldiers killed in Viet nam are Black; and
WHEREAS, the argument can and has been made that the Black man has not received the treatment in America that he deserves, yet he fights for the principles and ideals that made this country great, and he daily gives his blood and life to uphold the institutions that dis criminate against him; and
WHEREAS, it is only fitting and proper that the Black fighting soldier be singled out for praise and honor by the Georgia General Assembly, since his burden has been heavy and yet he has risen to the occasion to fight with dignity, honor and pride.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby pays its deepest respect and highest tribute to the Black soldier in Vietnam, to those who have given their lives and to those who are presently fighting.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a copy

FRIDAY, JANUARY 22, 1971

373

of this Resolution to the President of the United States, to the Joint Chiefs of Staff, and to the Secretary of Defense.

HR 114. By Messrs. Melton and Brown of the 32nd:
A RESOLUTION
Relative to the celebration of the Sesqui-Centennial Week in Fayette County; and for other purposes.
WHEREAS, during the week of June 26, 1971, Fayette County will celebrate its Sesqui-Centennial Week, with over 200 events scheduled to take place throughout the county during this commemorative week; and
WHEREAS, that territory which now comprises Fayette County was purchased from the Creek Indian Nation in the Treaty of Indian Springs in January 1821; and
WHEREAS, during January of 1821, Fayette County was organized by an Act of the Georgia General Assembly and became Georgia's forty-ninth county; and
WHEREAS, the county was named for General Marquis de LaFayette, a famous French nobleman, who assisted the American Colonies during the Revolutionary War; and
WHEREAS, the City of Fayetteville was laid out in 1823 and was designated as the County Seat of Fayette County; and
WHEREAS, the Fayette Inferior Court was organized in 1823, which now corresponds to our present county commissioner form of government, and was originally comprised of three men: William Morgan, James Strawn and John Williams; and
WHEREAS, in June of 1823, construction was commenced upon the first Fayette County courthouse; and
WHEREAS, said courthouse was completed in 1825 and that struc ture is still standing and is the oldest existing courthouse in Georgia; and
WHEREAS, said courthouse is still being used to house the county government; and
WHEREAS, in 1830, Fayette County had a population of 5,504 inhabitants and the 1970 census reflected a population of 11,226 in habitants; and
WHEREAS, out of the original territory comprising Fayette County, four additional counties have been laid out: DeKalb County

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in 1822; Old Campbell County (now Fulton) in 1828; Spalding County in 1851; and Clayton County in 1858; and

WHEREAS, the County Commissioners of Fayette County, who will be serving as such during the Sesqui-Centennial Celebration, are: Marvin Adams, Ruben Knowles and Theriol Padgett; and

WHEREAS, C. J. Mowell, Jr. and Mrs. Carolyn Gary have been designated as Co-Chairmen of the Sesqui-Centennial Celebration.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend each and every citizen of Fayette County and wish them success during the auspicious occasion of celebrating their Sesqui-Centennial Anniversary of the founding of Fayette County.

HR 115. By Mr. Scarborough of the 81st:
A RESOLUTION
Relative to the "Nancy Hanks" passenger train; and for other purposes.
WHEREAS, the Nancy Hanks has been in continuous operation since 1947; and
WHEREAS, the Nancy Hanks is the last passenger train traveling from Atlanta to Macon to Savannah, and from Savannah to Macon to Atlanta, and it is the feeling and belief of this body that the train should continue to serve the public by providing daily passenger service to these cities and the other Georgia cities and towns which lie between and among them; and
WHEREAS, there is presently before Congress legislation to create a National Rail Transportation System; and
WHEREAS, the Georgia Public Service Commission has urged the Secretary of Transportation to include the Nancy Hanks as a part of such system; and
WHEREAS, it is the sense of this body that the Nancy Hanks should be included therein.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby expresses its desire that the Nancy Hanks passenger train be included within the National Rail Transportation System.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives transmit a copy of this Resolution to the Secretary

FRIDAY, JANUARY 22, 1971

375

of the Department of Transportation, to the members of the Georgia Public Service Commission, and each and every member of the Georgia Congressional Delegation.

HR 116. By Messrs. Hill of the 94th, Blackshear of the 91st, Gaynor of the 88th and Gignilliat of the 89th:
A RESOLUTION
Commending Dr. Howard Jordan, Jr. for his appointment to the post of Vice Chancellor for Services of the University System of Georgia; and for other purposes.
WHEREAS, Dr. Howard Jordan, Jr. has demonstrated his ability through earning his doctorate and many other degrees in education; and
WHEREAS, Dr. Howard Jordan, Jr. has demonstrated his interest in higher education by serving with honor in various university systems for the past twenty-five years; and
WHEREAS, Dr. Howard Jordan, Jr. has brought credit and honor to Savannah State College, his race and Georgia; and
WHEREAS, Dr. Howard Jordan, Jr. has been appointed to the post of Vice Chancellor for Services of the University System of Geor gia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends Dr. Howard Jordan, Jr. for his magnificent contributions to education and for his appointment to the post of Vice Chancellor for Services of the Uni versity System of Georgia.
BE IT FURTHER RESOLVED that the Clerk of of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to Dr. Howard Jordan, Jr.

HR 117. By Messrs. Cheeks of the 78th, Dent of the 79th and Smith of the 80th:
A RESOLUTION
Commending the Musketeers Football Team of the Academy of Richmond County; and for other purposes.
WHEREAS, the Musketeers Football Team of the Academy of Richmond County was the runner-up in the State AAA Football > Championship for 1970; and

376

JOURNAL OF THE HOUSE,

WHEREAS, during the 1970 football season this outstanding team compiled a record of 11 wins, as against only two losses; and

WHEREAS, the members of this team displayed amazing offensive and defensive abilities and are noted for their sportsmanship; and

WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive and outstanding physical con ditioning of the members of the team and to the outstanding coaching ability of the coaching staff; and

WHEREAS, the coaches of this outstanding team are: Coley Cassedy, Head Coach; Eddie Buck, Offensive Line Coach; Jim Connor, Offensive Backs Coach; Paul Inglett, Defensive Line Coach; and Sammie Lamb, Defensive Backs Coach; and

WHEREAS, the members of the Musketeers Football Team of the Academy of Richmond County are: Mike Keepers, Anthony Lee Bartram, Tommy Harrell, Wayne Hooks, Traylor Johnson, Eddie Summerall, Chris Edenfield, Rich Bargeron, Ricky Thompson, Ronald Maddox, Willie Lam, Wayne Hendrix, Harley Shepard, Wayne Price, Ricky Smith, Barry O'Neil, Jim Bolander, David Duke, Nelson Barton, Ronnie Duncan, Benjamin Bailey, Bobby Powers, Bobby Borders, Billy Blitchington, Dennis Atkins, Bee Carlton, Crad Jaynes, Rickie Curd, Jeff Fountain, Mickey Gunnels, Phillip McKagen, Kelly Timmerman, David Sharpe, Brad Thompson, Sonny Merritt, David McKnight, Victor Wilhelm, Ashley Wilds, Steve Hammett, Pat McDonald, Terry Hallford, Jack Hudson, Tommy Owens, Jerry Wesse, Paul Greenway, Mason McKnight, Dudley Stubb, and Hugh Hamilton.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Musketeers of the Academy of Richmond County and their coaches for their exceptional record of achievement.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit ap propriate copies of this Resolution to the Academy of Richmond Count}7 and to each person hereinabove named.

SR 6. By Senators Plunkett of the 30th and Webb of the llth:
A RESOLUTION
Expressing deepest regrets at the passing of the late Dr. Alien C. Smith; and for other purposes.
WHEREAS, on September 16, 1970, Dr. Alien C. Smith, retired Deputy State Superintendent of Schools, died after giving 44 years of valuable service in the field of education to the State of Georgia; and

FRIDAY, JANUARY 22, 1971

377

WHEREAS, while serving in many capacities as an educatorteacher, school principal, State Department of Education official--Dr. Smith became known as "Mr. Education" to many people who regularly called on him to interpret department and Board of Education policies and provide information about proposed legislation or explain the significance of legislation already enacted; and

WHEREAS, because of his administrative ability, his initiative in carrying out new programs and the confidence which he inspired in people, he was chosen as the first Deputy State Superintendent for the Georgia Department of Education; and

WHEREAS, upon his retirement from the Department of Edu cation on June 30, 1970, and upon the urging of the judges of the U.S. Court for the Northern District of Georgia, Dr. Smith was ap pointed consultant to the State Board of Education especially for de segregation matters; and

WHEREAS, because of his genuine love and interest in Georgia's youth, Dr. Smith spent much of his leisure time working with young people in church activities and organizations such as the Boy Scouts of America, from which he was a recipient of the Silver Beaver Award.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby express its deepest regrets at the passing of Dr. Alien C. Smith and further, ex presses its deepest sympathy to his lovely wife.

BE IT FURTHER RESOLVED that the Secretary of the Senate transmit an appropriate copy of this Resolution to Mrs. Alien C. Smith, to the children of Dr. and Mrs. Smith, to the State Superintendent of Schools, and to the State Board of Education.

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

HB 106. By Messrs. Matthews and Patten of the 63rd, Reaves of the 71st, Collins of the 62nd, Russell of the 70th, Hudson of the 28th, Grantham of the 55th, Carter of the 64th and Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Meat Inspection Act", so as to repeal the provision of Section 14(a) which prohibits the custom slaughterer from buying and selling meat capable of use as human food; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

378

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chandler Chappell Clements Cole Collier Collins, M. Collins, S. Colwell Coney, J. L. Connell Dailey Daugherty Davis, E. T.
Davis, W.
Dean, N.
Dent
Dixon
Dorminy
Drury
Edwards
Ezzard
Farrar
Floyd, L. R.
Gaynor
Geisinger

Gignilliat Grahl Granade Grantham Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Hudson, C. M. Hutchinson Isenberg Jessup Jones, Herb Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Levitas Logan
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore

Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Oxford Patterson Patten Peters Phillips, W. R. Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Snow S orrells Stephens Strickland Sweat Thomason
Triplett
Tripp
Turner
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

FRIDAY, JANUARY 22, 1971

379

Those not voting were Messrs.:

Barfield

Bennett, J. T.

Bennett, Tom

Berry

Blackshear

Bond

.

Brown, B. D.

Buck

Chance

Cheeks

Coney, G. D.

Conger

Cook

Dean, G. B.

Dean, J. E.

Egan

Evans

Felton

Floyd, J. H. Fraser Gary Greer Griffin Hadaway Hill, B. L.
Hill, G. Howell Hudson, Ted Johnson Jones, J. R. Jordan Lee, W. J. (Bill) Lewis Longino Lowrey Matthews, D. R.

McCracken McDaniell Northcutt Odom Pearce Phillips, G. S. Phillips, L. L.
Pickard Pinkston Rainey Salem Smith, H. R. Smith, V. T. Thompson Toles Townsend Vaughn Mr. Speaker

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

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

Mr. Rainey of the 47th stated that he had been called from the floor of the House when the roll was called on HB 106, but had he been present would have voted "aye".
Mr. Evans of the 81st stated that he voted "aye" on the passage of HB 106, but that due to mechanical failure his vote was not recorded on the voting machine.
HB 57. By Messrs. Williams of the llth and Smith of the 39th: 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 licenses, so as to provide for a Medical Advisory Board; 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 and providing for the issuance, suspension and revoca-

380

JOURNAL OF THE HOUSE,

tion of motor vehicle driver licenses, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide for a Professional Ad visory Board; to provide for the compensation of said board; to provide for their functions and duties; to relieve persons from liability for divulging information to the board; to provide the procedures connected
therewith; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver licenses, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, is hereby amended by adding between Sections 2 and 3 of Article IV a new Section to be numbered Section 2A and to read as follows:

"Section 2A. (a) For the purpose of assisting the director, concerning professional questions relating to the licensing, revoca tion and suspension of driver licenses, there is hereby created a Professional Advisory Board to be composed of sixteen members to be appointed by the director with the assistance of the State De partment of Public Health. In appointing members to the board, the director shall appoint two practitioners of medicine with spe cialties in each of the following fields: psychiatry, neurology, gen eral surgery, orthopedic surgery, internal medicine, opthalmology and two optometrists.

(b) The director may refer to the board, for an advisory opin ion, the cases of all persons applying for a license to operate motor vehicles or of all persons whose licenses have been suspended or revoked when he has good cause to believe that the operation of a motor vehicle by such persons would be inimical to public safety and welfare because of an existing or suspected mental or physical disability.

(c) Reports received or made by the board, or its members, for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the board or the department and may not be divulged to any person or used as evidence in any trial.

(d) Members of the board and other persons making examina tions shall not be held liable for their opinions and recommendations presented pursuant to subsection (b).

(e) No person shall incur any liability for divulging to the board information concerning the mental or physical condition of a person whose case has been referred to the board for an advisory opinion and which is otherwise confidential."

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

FRIDAY, JANUARY 22, 1971

381

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 114, nays 2.

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

HB 22. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend Code Section 79-A-705, relating to labels on containers of dangerous drugs and cautionary statements stated in the prescription to appear on the label of each container of such drugs; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 79A-705, relating to labels on containers of dangerous drugs, so as to require the expiration date, if any, of such drug to appear on the label of each container of such drugs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 79A-705, relating to labels on containers of dangerous drugs, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 79A705 to read as follows:
"79A-705. Whenever a pharmacist dispenses a dangerous drug as defined in this law, he shall, in each case, place upon the contain er the following information:
Name of the patient, name of the physician prescribing such drug, the expiration date, if any, of such drug, name and address of the pharmacy from which such drug was dispensed, together with the date of the prescription."
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.

382

JOURNAL OF 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.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Clements Cole Collier Collins, M. Coiling, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury

Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas

Lewis Logan Longino Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims

Smith, J. R. Snow Sorrells Stephens
Strickland Sweat Thomason Thompson

FRIDAY, JANUARY 22, 1971

383

Toles Townsend Triplett Tripp
Turner Wamble Ware Westlake

Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Cheeks Conger Daugherty Floyd, J. H. Gary

Griffin Hadaway Hill, G. Howell Hudson, Ted Lowrey Mason McCracken

Miles Russell, W. B. Scarborough Smith, H. R. Smith, V. T. Vaughn Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 0.

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

HB 58. By Messrs. Williams of the llth and Smith of the 39th:
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 January 1, 1972; and for other purposes.

By unanimous consent, further consideration of HB 58 was postponed until February 8, 1971.

HB 54. By Messrs. Rush of the 51st and Jones of the 87th:
A Bill to be entitled an Act to amend Code Chapter 26-99, relating to miscellaneous criminal offenses, so as to provide that the taking of any weapon, intoxicating liquor, amphetamines, biphetamines, inhalers, or any other hallucinating or intoxicating substance onto the property of any penitentiary, any unit of the University System of Georgia, or any facility under the supervision and control of the Department of Public Safety; and for other purposes.

384

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL

To be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved February 16, 1961 (Ga. Laws 1961, p. 45), so as to provide that it shall be unlawful for any person to come inside the established guard lines at the various peni tentiaries in Georgia with amphetamines, biphetamines, inhalers or any other hallucinating or intoxicating substance; to provide penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved February 16, 1961 (Ga. Laws 1961, p. 45), is here by amended by striking Section 33.2 in its entirety and inserting in lieu thereof a new Section 33.2, which shall read as follows:

"Section 33.2. It shall be unlawful for any person to come in side the guard lines established at any penitentiary camp with a gun, pistol, or any other weapon, or any intoxicating liquor, or amphetamines, biphetamines, inhalers, or any other hallucinating or intoxicating substance, without the knowledge and consent of the warden or his deputy wardens in charge. Any person who violates the provisions of this Section shall be guilty of a felony and, upon conviction, shall be punished as provided in Section 33.7."

Section 2. 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. Murphy of the 19th moves to amend the Committee substitute to HB 54 by adding after the word "inhalers" on line 27 of page 1 the following words:
"containing hallucinating or intoxicating substance".
Mr. Savage of the 104th moves to amend the Committee substitute to HB 54 by removing "intoxicating substance" on line 1, page 2 and adding in lieu thereof '"any drugs given".

FRIDAY, JANUARY 22, 1971

385

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 156, nays 15.

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

Due to mechanical failure the roll call machine, after giving the total votes cast, failed to produce a certified copy for the Journal.

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 House, to-wit:

HR 103. By Speaker Smith and the entire membership of the House of Repre sentatives :
A Resolution expressing regrets at the passing of the Honorable Richard Brevard Russell; and for other purposes.

Mr. Busbee of the 61st moved that, pursuant to law, the House do now adjourn until 10:00 o'clock, A.M., Monday, February 8, 1971, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, February 8, 1971.

386

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 8,1971

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 Dr. Hugh Wamble, Professor of Church History, Midwestern Baptist Theological Seminary, Kansas City, Missouri:
God, give us men--good men! A time like this demands strong minds, great hearts, true faith and ready hands.
Men whom the lust of office does not kill; men whom the spoils of office cannot buy; men who possess opinions and a will; men who have honor; men who will not lie; men who can stand before a demagogue and damn his treacherous flatteries! Tall men--sun crowned--who live above the fog in public duty and private thinking!
For while the rabble, with their thumb-worn creeds, their large profes sions and their little deeds, mingle in selfish strife, lo! Freedom weeps, wrong rules the land and waiting justice sleeps.
God, give us men--good men! AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, C. Brown, S. P. Buck, T. B. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Dailey Daugherty Davis, E. T.

Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl

MONDAY, FEBRUARY 8, 1971

'387

Granade Grantham Greer Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan
Keyton
King
Knight
Knowles
Kreeger
Lane, Dick
Lane, W. J.
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Le vitas
Lewis

Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom
Oxford
Patterson
Patten
Pearce
Peters
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Pickard
Pinkston
Poole
Potts
Rainey

Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp
Turner
Vaughn
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

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

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

The Journal was confirmed.

388

JOURNAL OF 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.

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

HB 264. By Messrs. Mullinax of the 30th and 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; to declare same contraband and provide a method for the sale or disposal thereof; and for other purposes.
Referred to the Committee on Game and Fish.

HB 265. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "State Department of Air Transportation Act", so as to change the qualifica tions of the director; and for other purposes.
Referred to the Committee on Industry.

HB 266. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 88-909, relating to admissibility of information, in private actions, obtained by the Board of Health, the Department of Public Health or their employees or agents, so as to provide that information directly affecting any person obtained by the Board, the Department or their employees or agents as a result of studies, surveys, investigation, reports, etc. shall be ad missible as evidence; and for other purposes.
Referred to the Committee on Health and Ecology.

MONDAY, FEBRUARY 8, 1971

389

HB 267. By Mr. Larsen of the 42nd:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the waiver of indictments and the trial of defendants upon accusation, so as to provide that defendants who consent thereto may plead guilty to capital felonies without necessity of being indicted by a grand jury; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 268. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County, for regulatory and revenue purposes, to levy and collect a license tax from any person, firm or corporation except those subject to regulation by the Georgia Public Service Commission who may maintain a place of business in any area outside the incorporated limits of municipalities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 269. By Messrs. Knowles of the 22nd: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and the tax commissioner of Henry County on an annual salary in lieu of the fee system of com pensation, so as to provide that any uncollected fees and whatever other perquisites to which the tax commissioner was entitled shall be paid to said office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 270. By Mr. Coney of the 118th: A Bill to be entitled an Act to amend Code Section 26-1704, relating to bad checks, so as to require written notice of refusal to honor an instru ment for lack of funds in connection with prima facie evidence; and for other purposes.
Referred to the Committee on Judiciary.
HR 104-270. By Messrs. McDaniell, Kreeger and Burruss of the 117th: A Resolution compensating Mr. and Mrs. J. Hal Wallace; and for other purposes.
Referred to the Committee on Appropriations.

390

JOURNAL OF THE HOUSE,

HR 105-270. By Mr. Busbee of the 61st:
A Resolution compensating the Royal-Globe Insurance Company; and for other purposes.
Referred to the Committee on Appropriations.

HR 106-270. By Mr. Sims of the 106th:
A Resolution compensating the Sessions Company Enterprise, Alabama; and for other purposes.
Referred to the Committee on Appropriations.

HR 107-270. By Messrs. Adams and Smith of the 39th:
A Resolution compensating Carolyn Tanner Gray; and for other purposes.
Referred to the Committee on Appropriations.

HR 108-270. By Messrs. Adams and Smith of the 39th: A Resolution compensating Earl V. Gray; and for other purposes.
Referred to the Committee on Appropriations.

HR 109-270. By Mr. Thompson of the 85th: A Resolution compensating Mr. Roland Maye; and for other purposes.
Referred to the Committee on Appropriations.

HB 271. By Messrs. Shanahan of the 8th, Roach and Harris of the 10th:
A Bill to be entitled an Act to provide that in certain counties of this State, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds; and for other purposes.
Referred to the Committee on Game and Fish.

HB 272. By Messrs. Shanahan of the 8th, Roach and Harris 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.
Referred to the Committee on Special Judiciary.

MONDAY, FEBRUARY 8, 1971

391

HB 273. By Messrs. Greer of the 95th, McDaniell of the 117th and Levitas of the 77th:
A Bill to be entitled an Act to provide for the certification of factorybuilt housing and for the establishment of uniform health and safety standards and inspection procedures for factory-built housing; and for other purposes.
Referred to the Committee on Industry.

HB 274. By Messrs. Greer of the 95th, McDaniell of the 117th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the State Build ing Administrative Board, so as to increase the membership of said Board; to change the provisions relative to the organization of the Board; and for other purposes.
Referred to the Committee on State of Republic.

HB 275. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to change the date of the general primary; and for other purposes.
Referred to the Committee on State of Republic.

HB 276. By Messrs. McDaniell of the 117th, Cook of the 95th, Battle of the 90th and Noble of the 73rd:
A Bill to be entitled an Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, so as to change the definition of the practice of land surveying; and for other purposes.
Referred to the Committee on State of Republic.

HB 277. By Messrs, Bennett, Scarborough, Brown and Pinkston of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 27-1403, relating to list of witnesses, furnished accused, so as to provide that a statement by the State Prosecutor that the State was not aware of certain evidence at the time of furnishing the list of witnesses, creates only a presumption of such fact, and the defendant may offer evidence to, rebut the presumption; and for other purposes.
Referred to the Committee on Judiciary.

392

JOURNAL OF THE HOUSE,

HB 278. By Messrs. Mulherin and Miles of the 78th, Connell and Dent of the 79th and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that counties shall be compensated for the keep and confinement of prisoners who are participating in work release programs; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 279. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to provide that notwithstanding any law, rule or regulation to the contrary, an employee of State Government shall be authorized to run for and hold office in any government of any municipality having a population of 1,000 persons, or less; and for other purposes.
Referred to the Committee on State of Republic.

HB 280. By Mr. Egan of the 116th:
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 the "Georgia Civil Practice Act", so as to provide for the maintenance of class actions by one or more members of a class as representatives on behalf of all if certain prerequisites exist; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 281. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County, so as to change the title of the Comptroller; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 282. 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 twelve, agreement of nine of the twelve jurors shall be suf ficient for a verdict; and for other purposes.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 8, 1971

393

HB 283. By Mr. Gunter of the 6th:
A Bill to be 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 any letter addressed to an address contained in the aforesaid directory shall be deemed properly addressed if the letter is addressed as set out in said directory; and for other purposes.
Referred to the Committee on State of Republic.

HR 118-283. By Mr. Gunter of the 6th:
A Resolution proposing an amendment to the Constitution so as to change the qualifications for service as grand jurors; to provide that there shall be but one jury box for each county; and for other purposes.
Referred to the Committee on Judiciary.

HR 119-283. By Mr. Gunter of the 6th:
A Resolution proposing an amendment to the Constitution so as to provide that a person 65 years of age or older, after having once re ceived the additional homestead exemption now provided for such per sons with a certain income, need not apply for such exemption each year, but must notify the tax commissioner or tax receiver in the event he is no longer eligible for such exemption; and for other purposes.
Referred to the Committee on Ways and Means.

HB 284. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to define "coroner"; to grant the coroner of each county the power to make arrests, to pronounce per sons as dead and to sign death certificates; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 120-284. By Mr. Gignilliat of the 89th: A Resolution compensating William N. Jones; and for other purposes.
Referred to the Committee on Appropriations.

HB 285. By Mr. Greer of the 95th:
A Bill to be entitled an Act to be known as "The Medical Assistance for the Indigent Act'; and for other purposes.
Referred to the Committee on Welfare.

394

JOURNAL OF THE HOUSE,

HB 286. By Mr. Greer of the 95th:
A Bill to be entitled an Act to appropriate funds to the Fulton-DeKalb Hospital Authority; and for other purposes.
Referred to the Committee on Appropriations.

HB 287. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Chapters 92-31 and 92-32, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder, so as to change the rate of taxation imposed on individuals; and for other purposes.
Referred to the Committee on Ways and Means.

HB 288. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for a supplement to the salary of certain district attorneys, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 289. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act authorizing the appoint ment of assistants to certain coroners, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 290. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act providing for budgets in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 291. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act relating to the collection and remission of commissions of certain tax commissioners, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

MONDAY, FEBRUARY 8, 1971

395

HB 292. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for additional compensation for permanent employees of certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 293. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act fixing the compensation of certain elected officials, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 294. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act prohibiting the dumping of trash and other refuse in certain counties, so as to change the popula tion figures and census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 295. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act fixing the salaries of the court reporters, special bailiffs and secretaries to the Superior Court Judges of certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 296. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act providing for a law as sistant for the Judge of Superior Courts of certain counties, so as to change the population figures and census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 297. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act providing for the payment of witness fees to law enforcement officers in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

396

JOURNAL OP THE HOUSE,

HB 298. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing additional com pensation for the district attorneys of certain judicial circuits, so as to change the population figures and census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 299. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of depositories of trash and refuse in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 300. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend the "Juvenile Court Act", so as to change certain of the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 301. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of certain assistants to certain district attorneys, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 302. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend Code Section 21-105, relating to the fees of coroners, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 303. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of a secretary to certain judges of the State Courts in certain counties, so as to change the population figures and the census con tained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

MONDAY, FEBRUARY 8, 1971

397

HB 304. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing additional com pensation for certain district attorneys, so as to change the population figures and census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 305. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of law libraries in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 306. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the ap pointment of an assistant solicitor in the State Court of certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 307. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act relating to the conduct of certain public officials in certain counties and political subdivisions, so as to change the population figures and census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 308. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of certain assistants to certain district attorneys, so as to change the population figures and census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 309. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend Code Section 38-1501, relating to the attendance of witnesses and the fees therefor, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

398

JOURNAL OP THE HOUSE,

HB 310. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of a clerk for the district attorney in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 311. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of a jury clerk in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 312. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the ap pointment of an executive secretary and calendar clerk to the judge of the superior courts in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 313. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of court reporters to the judges of the superior courts of certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 314. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act creating a new board of education for Grady County, so as to provide that the Grady County School Superintendent shall be appointed by the board of education of Grady County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 315. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the ordinary of Houston County upon an annual salary, so as to change certain of the

MONDAY, FEBRUARY 8, 1971

399

dates relating to the submission and approval of budgets by said officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 316. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary, so as to change the certain dates relative to the submission and approval of budgets by said officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 317. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 318. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Houston County upon an annual salary, so as to change cer tain of the dates relative to the submission and approval of budgets by said officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 319. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Houston County, so as to provide that the fiscal year for Houston County shall commence on the 1st day of July each year and extend through the 30th day of June the following years; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 320. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
Referred to the Committee on Special Judiciary.

400

JOURNAL OF THE HOUSE,

HB 321. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide a specific enumeration of per sons authorized and empowered to consent, either orally or otherwise, to surgical or medical treatment which may be suggested, recommended, prescribed or directed by a duly licensed physician; and for other purposes.
Referred to the Committee on Health and Ecology.

HR 121-321. By Mr. Greer of the 95th: A Resolution compensating Mr. Bartle Bates; and for other purposes.
Referred to the Committee on Appropriations.

HR 122-321. By Mr. Levitas of the 77th:
A Resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Decatur, who is 65 years old or older shall be granted an exemption from all City of Decatur ad valorem taxes of $2,000 of the value on the homestead owned and oc cupied by said resident as a homestead within said City if the net income does not exceed $4,000 for the immediate preceding taxable year; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 322. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act establishing districts in DeKalb County from which the members of the County Board of Educa tion shall be elected and providing the terms and method of electing such members, so as to provide that the members of said Board of Education shall be elected by a majority of the qualified voters within their re spective School Board Districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 323. By Messrs. Levitas, Farrar, Thomason and Russell of the 77th, Vaughn and Jordan of the 74th and Dean of the 76th:
A Bill to be entitled an Act to provide that members and chairmen of boards of commissioners of certain counties shall be elected at nonpartisan elections; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, FEBRUAKY 8, 1971

401

HB 324. By Messrs. Geisinger and Collins of the 72nd, Hawes and Felton of the 95th and Granade of the 75th:
A Bill to be entitled an Act to amend an Act prescribing rates for taxa tion of certain property classified for taxation as tangible property, so as to exempt certain tangible property from ad valorem taxes; and for other purposse.
Referred to the Committee on Ways and Means.

HR 123-324. By Messrs. Geisinger and Collins of the 72nd, Hawes and Felton of the 95th and Granade of the 75th:
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 secured by an interest in real estate which fall due more than 3 years from the date thereof of 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.
HB 325. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Clayton Judicial Circuit, so as to authorize the district attorney of the Clayton Judicial Circuit to appoint one assistant district attorney to assist him in the performance of the official duties of his office; and for other purposes. Referred to the Committee on State Planning & Community Affairs.
HB 326. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to authorize certain counties and munici palities to levy and impose an excise tax upon the sale of alcoholic beverages to retail establishments licensed to sell alcoholic beverages by the drink for consumption on the premises; and for other purposes.
Referred to the Committee on Ways and Means.

HB 327. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to authorize each county and municipality to levy and collect an excise tax upon the sale or charges for any rooms, lodgings, or similar accommodations; and for other purposes.
Referred to the Committee on Ways and Means.

402

JOURNAL OF THE HOUSE,

HB 328. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to authorize each county and municipality to levy and collect an excise tax upon the sale of tickets, fees or charges made for admission to places of amusements, sports, or entertainment or any other place in which an exhibition, display, amusement, sport or entertainment is offered to the public; and for other purposes.
Referred to the Committee on Ways and Means.

HR 124-328. By Mr. Atherton of the 117th:
A Resolution compensating Mr. Hassil Culpepper; and for other pur poses.
Referred to the Committee on Appropriations.

HR 125-328. By Mr. Atherton of the 117th:
A Resolution compensating the Noonday Baptist Church; and for other purposes.
Referred to the Committee on Appropriations.

HB 329. By Messrs. Alexander of the 108th and Daugherty of the 109th, Mrs. Hamilton of the 112th, Messrs. Alexander of the 96th, Adams of the 100th, Greer of the 95th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7 of Article 6 of the Constitution, relating to the abolition of Justice Courts and the office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace, so as to provide that a defendant shall serve and file his answer within 30 days after the service of the summons; and for other purposes.
Referred to the Committee on Ways and Means.

HB 330. By Mrs. Hamilton of the 112th, Messrs. Egan of the 116th, Daugherty of the 109th, Hill of the 94th, Alexander of the 96th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to create the City of Atlanta Charter Commission; to provide for the membership of said Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 331. By Messrs. Adams of the 100th, Alexander of the 96th, Lane of the 101st, Hawes of the 95th, Egan of the 116th, Greer of the 95th, Marcus of the 105th, Savage of the 104th and others:
A Bill to be entitled an Act to amend an Act providing for the examina tion of master electricians in counties having populations of 150,000 or

MONDAY, FEBRUARY 8, 1971

403

more, so as to provide that said Act shall not apply to counties having a population of 500,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 126-331. By Mr. Dorminy of the 48th: A Resolution creating the Richard Brevard Russell Monument Com mission; 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 228. By Messrs. Snow, Hayes and Clements of the 1st, and Peters of the 2nd:
A Bill to be entitled an Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), so as to increase compensation which may be paid the clerk-typist of the district attorney; and for other purposes.
HB 229. By Messrs. Miller of the 83rd, Pinkston and Scarborough of the 81st and Coney of the 82nd:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to promote, stage or conduct any musical or entertainment event unless a permit is obtained from the Secretary of State; and for other purposes.

HB 230. By Messrs. Scarborough, Bennett, Evans, Pinkston and Brown of the 81st, Coney of the 82nd, Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating the office of Assistant Solicitor of the State Court of Bibb County, so as to provide for the creation of two offices of Assistant Solicitor of said Court; and for other purposes.

HB 231. By Messrs. Matthews and Logan of the 16th and Maxwell of the 17th:
A Bill to be entitled an Act to amend Code Section 32-111, providing for compensation and expenses for members of the Board of Regents, so as to provide that members of the Board of Regents shall receive com pensation and expenses for attendance at meetings of the Board and travel, within or without the State, as a member of a committee of the Board which has been authorized by the Chairman or by action of the Board; and for other purposes.

404

JOURNAL OF THE HOUSE,

HB 232. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Code Section 84-1109, relating to the annual registration of optometrists, so as to provide for the annual renewal of certificates to practice optometry; and for other purposes.

HB 233. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Section 84-1105 of the Code of Georgia, pertaining to the Georgia State Board of Examiners and Optometry, establishing the qualifications of applicants for registration to practice optometry, designating the subjects upon which an applicant shall be examined, and providing for the payment of fees, so as to in crease the examination and registration fees; and for other purposes.

HR 88-233. By Mr. Rush of the 51st: A Resolution to compensate Tattnall County; and for other purposes.

HR 89-233. By Mr. McDonald of the 15th: A Resolution to compensate Charlie K. Leachman; and for other purposes.

HR 90-233. By Messrs. Evans, Bennett, Brown, Pinkston and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:
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 91-233. By Messrs. Snow, Hays and Clements of the 1st: A Resolution compensating R. L. Dotson; and for other purposes.

HR 92-233. By Mr. Brantley of the 52nd: A Resolution compensating Mr. C. B. Smith; and for other purposes.

HB 234. By Messrs. Lane of the 101st and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act completely and exhaus tively revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, so as to provide for the protection of alligators, crocodiles and caimen; and for other pur poses.

MONDAY, FEBRUARY 8, 1971

405

HB 235. By Messrs. Buck, Pearce and Pickard of the 84th, King and Davis of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide an annual salary for the coroner of certain counties in lieu of all fees or other emoluments; to authorize certain expenses incidental to the office of coroner of such counties; and for other purposes.

HB 236. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing the salary of the sheriff of Muscogee County, so as to change the salary of said sheriff; and for other purposes.

HB 237. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
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 establishing in lieu thereof a municipal court in and for the City of Columbus, so as to change the compensation of the judge, clerk and marshal of said court; and for other purposes.

HB 238. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.

HB 239. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judge, solicitor and assistant solictor of said Court; and for other purposes.

HB 240. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act abolishing the office of tax receiver and tax collector of Muscogee County and creating the office of tax commissioner of said county, so as to change the compensation of said tax commissioner; and for other purposes.

406

JOURNAL OF THE HOUSE,

HB 241. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said Ordinary; and for other purposes.

HB 242. By Messrs. Bostick of the 63rd, Bennett of the 71st, Chance of the 44th, Coney of the 118th, Salem of the 51st, Adams of the 100th, Williams of the llth, Grantham of the 55th and others:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to increase the rate of tax on all distilled spirits imported into the State of Georgia and on all alcohol imported into the State of Georgia; and for other purposes.

HB 243. By Messrs. Snow of the 1st, Lee of the 61st, Bennett of the 71st, Coney of the 118th, and others:
A Bill to be entitled an Act to completely revise, amend, and supersede the provisions of Georgia Law relating to criminal procedure; and for other purposes.

HB 244. By Messrs. Rainey of the 47th, Housley of the 117th, Peters of the 2nd, Adams of the 100th, Hays of, the 1st and Strickland of the 56th:
A Bill to be entitled an Act to amend Code Chapter 36.1.1 known as the "State Properties Acquisition Law", so as to authorize the State Game and Fish Commission to acquire certain parcels of property and to pro vide that the provisions of said law shall not apply to the acquisition of such parcels; and for other purposes.

HR 97-244. By Mr. Smith of the 43rd: A Resolution to compensate Mr. William Nipper; and for other pur poses.
HB 245. By Mr. Mason of the 13th: A Bill to be entitled an Act to amend Code Section 92-1403, relating to the excise tax on motor fuel, so as to increase the excise tax imposed on all distributors of motor fuel; and for other purposes.
HB 246. By Mr. Mason of the 13th: 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 levied therein the sale or use of motor fuels; and for other purposes.

MONDAY, FEBRUARY 8, 1971

407

HB 247. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to increase the tax on imported distilled spirits and alcohol; and for other purposes.

HB 248. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act to amend an Act providing for license and excise taxes upon the business of dealing in malt bever ages, so as to increase the malt beverage excise tax; and for other purposes.

HE 98-248 By Messrs. Cole, Turner and Smith of the 3rd: A Resolution compensating H. L. Plott; and for other purposes.

HR 99-248. By Messrs. Cole, Turner and Smith of the 3rd: A Resolution compensating E. Conrad Duke; and for other purposes.

HR 100-248. By Mr. Mason of the 13th:
A Resolution proposing an amendment to the Constitution so as to allo cate to the State Highway Department all monies derived from the an nual registration and licensing fees imposed upon motor vehicles; and for other purposes.
HB 249. By Messrs. Adams of the 100th, Lane of the 101st and Savage of the 104th:
A Bill to be entitled an Act to amend Section 92-6911 of the Code of Georgia, so as to provide for the method of giving notice to any tax payer of any changes made in his return; and for other purposes.

HR 101-249. By Mr. Wilson of the 117th:
A Resolution compensating Mr. Ray Douglas Martin; and for other purposes.

HB 250. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to provide that the clerks of the State Courts in this State shall not be required to file any civil case or proceeding until a deposit in the amount of $20 has been filed with said clerk on account of cost; and for other purposes.

408

JOURNAL OP THE HOUSE,

HB 251. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 13-2013, relating to the limit of loans by banks, so as to provide that the limitation on loans shall not apply to certain loans to any person, firm or corporation; and for other purposes.

HB 252. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Title 109, relating to trust companies, so as to change the fee for filing an application to organize a trust company; and for other purposes.

HB 253. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Title 13, known as the "Bank ing Law", so as to change the minimum capital stock requirements in applications for new charters; to change the fee for filing an application with the Secretary of State for a bank charter; and for other purposes.

HB 254. By Mr. Mason of the 13th:
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 255. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to prohibit any corporation which is a private foundation from engaging in any act of self-dealing, retaining any excess business holdings, making any investments which would jeopardize the carrying out of any of the exempt purposes of the cor poration, or making any taxable expenditures; and for other purposes.

HB 256. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to prohibit engaging in any act of selfdealing, retaining any excess business holdings, making any invest ments which would jeopardize the carrying out of any of the exempt purposes of a trust, or making any taxable expenditures in the ad ministration of any trust which is a foundation, charitable trust or split interest trust; and for other purposes.
HB 257. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Title 113 of the Code, relating to wills, descent and administration of estates, so as to reduce the time with in which an administrator may pay the debts of the estate; and for other purposes.

MONDAY, FEBRUARY 8, 1971

409

HB 258. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating a system of retire ment and pension pay for employees of the City of Decatur, so as to pro vide that excess funds in the city employee retirement fund may be in vested subject to the restrictions placed upon investments of domestic life insurance company; and for other purposes.

HB 259. By Mr. Levitas of the 77th:
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 in the County of DeKalb, so as to authorize the City of Decatur to close to public use a part of a certain park located within said City; and for other purposes.

HB 260. By Messrs. Levitas of the 77th and Mulherin of the 78th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities for the purpose of aiding in the con struction and maintenance of streets, so as to provide that for the pur pose of apportioning and allocating grants the term "incorporated municipality" shall also include certain counties; and for other purposes.

HB 261. By Messrs. Levitas, Thomason, Farrar and Russell of the 77th, Mul herin and Cheeks of the 78th, Smith of the 80th, Westlake of the 75th and Geisinger of the 72nd:
A Bill to be entitled an Act to authorize any county which performs any three of the municipal type services to any of its citizens to receive grants from the State and Federal Government in same manner and to the same extent as any city lying wholly or partially in such county; and other purposes.

HB 262. By Messrs. Levitas of the 77th and Mulherin of the 78th:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities to be used for any public purposes, so as to provide that, for the purpose of distribution of such grants, the term "incorporated municipality" shall also include certain counties; and for other purposes.
HR 102-262. By Messrs. Hadaway of the 27th and Ham of the 33rd:
A Resolution naming the recently completed bridge spanning the Ocmulgee River in Juliette, Georgia "The John Neville Birch Memorial Bridge"; and for other purposes

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JOURNAL OF THE HOUSE,

HB 263. By Messrs. Gaynor of the 88th, Longino of the 98th, Shanahan of the 8th and Pinkston of the 81st:
A Bill to be entitled an Act to relieve national banking associations, State banks and trust companies with capital and surplus of $200,000 or more from furnishing security or sureties on bonds executed as ad ministrators, executors or guardians; and for other purposes.

SR 17. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution opposing the lending of funds by the World Bank or the International Development Association to foreign countries for the pur pose of increasing the production of flue-cured tobacco; and for other purposes.

SR 19. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th r
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 20. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution requesting each operator of a tobacco warehouse in the Georgia-Florida or Type 14 belt not to place the price support figures where they will be visible to the buyers; and for other purposes.

SR 21. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution urging the Industry-Wide Flue-Cured Tobacco Marketing Committee to give the Georgia-Florida flue-cured tobacco belt adequate marketing time in which to sell their tobacco and to help in any way possible to prevent tobacco produced in other belts from coming to Type 14 markets; and for other purposes.

SR 22. By Senators Dean of the 6th, Spinks of the 9th and Kennedy of the 4th:
A Resolution urging Georgia tobacco farmers to plant old-line highquality varieties of tobacco; and for other purposes.

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-

MONDAY, FEBRUARY 8, 1971

411

ing Resolutions of the House and has instructed me to report same back to the House with the following recommendations:

HR 43-83. Do Pass.

HR 11-18. Do Pass.

HR 13-18. Do Pass.

HR 14-18. Do Pass.

HR 15-18. Do Pass.

HR 16-18. Do Pass.

HR 17-18. Do Pass.

HR 19-38. Do Pass.

HR 21-38. Do Pass.

HR 35-64. Do Pass.

HR 49-83. Do Pass, as Amended.

Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Gaynor of the 88th 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 House and has instructed me to report same back to the House with the following recommendations:
HB 263. Do Pass by Substitute.
Respectfully submitted, Gaynor of the 88th, Chairman.

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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 Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 136. Do Pass.

HB 10. Do Pass.

HB 96. Do Pass.

HB 97. Do Pass.

HB 98. Do Pass.

HB 99. Do Pass.

HB 100. Do Pass.

HB 101. Do Pass.

HB 102. Do Pass.

HB 103. Do Pass.

HB 104. Do Pass.

HB 235. Do Pass.

HB 236. Do Pass.

HB 237. Do Pass.

HB 238. Do Pass.

HB 239. Do Pass

HB 240. Do Pass.

HB 241. Do Pass.

Respectfully submitted, Buck of the 84th, Chairman.

MONDAY, FEBRUARY 8, 1971

413

Mr. Roach of the 10th District, Chairman of the Committee on Special Ju diciary, 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 House with the following recommendations:

HB 53. Do Pass.

HB 267. Do Pass.

HB 50. Do Not Pass.

HB 49. Do Not Pass.

HB 215. Do Pass.

Respectfully submitted, Roach of the 10th, 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 fol lowing Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 109. Do Pass.
HB 249. Do Pass.
HB 283. Do Pass.
HB 275. Do Pass.
Respectfully submitted, Howell of the 60th, Chairman.

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Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community 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 84. Do Pass by Substitute.

HB 223. Do Pass by Substitute.

HB 120. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

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

HB 204. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Montgomery County, as amended, so as to change the compensation of the tax commissioner; 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 majoirty, was passed..

HB 205. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Montgomery County upon an annual salary, so as to change the compensa tion of the deputy sheriff; to provide for a secretary; to provide for an additional automobile for the use of the sheriff's office; to repeal con flicting laws; and for other purposes.

MONDAY, FEBRUARY 8, 1971

415

The report 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 206. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to provide that the Board of Education of Treutlen County may be appointed by the Grand Jury of Treutlen County in accordance with Code Section 32-903, relating to qualifications of members of county boards of education, as amended, irrespective of militia districts; 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 212. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to reincorporate the City of Arlington in the County of Calhoun and Early; to create a new charter for said city; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB212 as follows:
By striking from Line 17 of Page 8, the following: "second Tuesday", and by inserting in lieu thereof the following:
* "first Tuesday".

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By striking from Line 27 of Page 8, the following:

"second Tuesday",

and by inserting in lieu thereof the following:

"first Tuesday".

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.

The following communication was received:
REPORT TO THE GENERAL ASSEMBLY
from the
STATE ELECTION BOARD
1970-1971
The following report is made to the General Assembly by the State Election Board concerning election activities during the past year and setting forth specific recommendations as to changes deemed necessary in the Georgia Election Code.
ELECTIONS
In the opinion of the Board, the elections held during 1970 were the best ever conducted in Georgia. The General Primary on September 9th, the Run-Off Primary on September 23rd, and the General Election on November 3rd were almost without incident. Very few complaints were received and no incident was found where evidence of fraud or other irregularity was apparent. The smooth execution of the election process undoubtedly resulted from the thorough preparation given elec tion officials generally and from the high standard of efficiency main tained in the Office of the Secretary of State in furnishing materials and instructions to all public officials concerned with elections.
WORKSHOPS
During the months of July and^ugust, 1970, the Secretary of State personally conducted Workshops in every Congressional District in the

MONDAY, FEBRUARY 8, 1971

417

State. Twelve of these Workshops were conducted, with an average at tendance of more than fifty. The written materials furnished to all per sons in attendance and made available to all other election officials throughout Georgia, gave detailed instructions not only to Counties us ing paper ballots, but to other Counties using voting machines and vote recorders. Every possible action was taken to insure that the persons charged with the responsibilities for holding elections were informed of their duties and responsibilities in every conceivable type of situation. It is believed that these Workshops contributed substantially to the order ly fashion in which the elections were later conducted.

RECOMMENDED LEGISLATION

It is the opinion of the Board that changes should be kept to a minimum. The present Code has been effective in controlling elections held during 1970, and it is believed that changes should be limited to those few proposals which would substantially meet a direct need. After careful review, it is recommended that the following Code Sections be amended to accomplish the indicated objective, as follows:

1. That Section 34-405 be amended to provide that the Ordinary may disqualify himself when opposed. The present Code Section requires the Ordinary to disqualify himself and the Board believes that such re quirement will lead to unnecessary complications.
2. That Section 34-801 be amended to provide for holding the General Primary on the second Wednesday in August and that Section 34-1513 be amended to provide for holding the Run-Off three weeks later. It is obvious that the present provision for holding a Run-Off two weeks after the General Primary does not allow sufficient time for election officials to do everything that is required to be done. There is not now a sufficient period of time between the General Primary and General Election to allow the Run-Off date to be moved to a later date within this period. The suggested changes will shorten the time for campaigning prior to the General Primary, will extend to three weeks the period between the General Primary and the Run-Off Primary and will allow more time for campaigning during the period between the Primary and the General Election.

3. That Section 34-1513 be amended to provide for any Run-Off necessary after the General Election to be held three weeks after the said General Election, instead of two weeks as presently required. Sec tion 34-1002 should also be amended to provide for the filing of notices of candidacy immediately after the General Pirmary is held. Instead of forty-five days, the amended Section would provide at least seventy-five days prior to the General Election for this activity.
4. That Section 34-1406 be amended to provide that Registrars, Deputy Registrars, Ordinaries, Deputy Ordinaries, as well as designated Clerks, be allowed to witness absentee ballots. This is made necessary because officials in the reorganized post office will no longer function for execution of absentee ballots. Problems exist concerning such execu tion in States other than Georgia and more study is needed to broaden these requirements so as to cause the absentee voter as little difficulty

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JOURNAL OF THE HOUSE,

as possible. Section 34-1406 should further be amended to allow Reg istrars, Deputy Registrars, and designated Clerks to witness the execu tion of absentee ballots, regardless of the elector's residence.

5. That a new provision be enacted removing from the Primary Ballot the names of those candidates who are unopposed in the Pri mary. The new provision could allow the listing of the names of un opposed candidates on the bottom of the ballot in concise form. This change would substantially shorten the length of the Primary Ballot and would make voting much easier.

6. That Code Section 34-1513 be amended to provide that in in stances where no candidate receives a majority of the votes cast and the candidate receiving the highest number of votes cast withdraws, the two candidates receiving the next highest number of votes cast will run in the Run-Off Election. In instances where no candidate receives a majority of the votes cast and the candidate receiving the second highest number of votes withdraws, no-Run-Off will be held and the candidate receiving the highest number of votes will be elected.

7. That Section 34-1314 be amended to provide that in Special Elections where only one candidate is seeking office, it would not be necessary to open all polling places in the County and to further pro vide that only one polling place in the County Seat must be opened.

8. That the residential requirement for voting in any Primary or Election be reduced for State residence from twelve months to six months, and for County residence from six months to three months. This will require a Constitutional Amendment.

GENERAL COMMENT

Since 1964, the election process in Georgia has improved tre mendously. This Board has dedicated itself to every possible action which is conducive to the holding of elections in a fair and impartial atmos phere. The Board will welcome any recommendations or any comments by the General Assembly and promises the un-stinting cooperation of the Members of the Board to accomplish the objective for which it has been established.
Respectively submitted,
/s/ Ben W. Fortson, Jr. Secretary of State Chairman, State Election Board
/s/ W. F. Blanks Vice-Chairman Members:
S. Jarvin Levison
Mrs. L. Glen Parham
M. M. Smith (Seal).

MONDAY, FEBRUARY 8, 1971

419

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 58. By Messrs. Williams of the llth and Smith of the 39th:
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 all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1972; and for other purposes.

By unanimous consent, further consideration of HB 58 was postponed until Tuesday, February 9, 1971.

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

HB 108. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell of the 70th, Hadaway of the 27th, Wheeler of the 57th, Strickland of the 56th and Hudson of the 28th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render the same free of any infectious or contagious disease which might affect domestic animals or human beings, as amended, so as to prohibit the feeding of garbage to swine; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Agriculture moves to amend HB 108 as follows:
By striking from the material quoted as subsection 2A(c), para graph (2) beginning on line 22 of page 2 of said bill and inserting in lieu thereof the following:
"(2) does not purchase, import, or permit the importation, onto such farm or property on which swine are raised, of, swine, any portion of the carcass of any swine or any pork food product, or any garbage containing any animal tissue, whether liquid or otherwise, and".

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

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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, G. D. Adams, John
Alexander, W. H. Alexander, W. M. Alien Atherton
Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond
Bostick Bo wen Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell
Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury

Edwards Egan Evans Ezzard
Ployd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Ham Hamilton Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan

Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell Melton Merritt Miles Miller
Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland

Sweat Thomason Toles Townsend Triplett Tripp

MONDAY, FEBRUARY 8, 1971

421

Turner Vaughn Wamble Ware Westlake Wheeler, Bobby

Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Harrington Harrison

Mauldin

Milford

Those not voting were Messrs.:

Adams, Marvin Blackshear Brantley, H. H. Chandler Collier Colwell Cook Farrar Felton

Gunter Hadaway Hood Howell Jones, Herb Lewis McDonald Moore Phillips, G. S.

Pinkston Rush Russell Salem Savage Scarborough Smith, J. R. Thompson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 164, nays 4.

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

Mr. McDonald of the 15th stated that he had been called from the floor of the House when the roll was called on HB 108, as amended, and wished to be re corded as voting "aye".

HB 126. By Mrs. Merritt of the 46th, Messrs. Matthews and Patten of the 63rd, Grantham of the 55th, Hudson of the 48th, Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Food Act", so as to define the term "food sales establishment"; and for other purposes.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To be entitled an Act to amend an Act known as the "Georgia Food Act", approved February 23, 1956 (Ga. Laws 1956, p. 195), as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 652), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 180), so as to de fine the term "food sales establishment"; to provide for the licensing of food sales establishments; to provide for enforcement; to repeal con flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Food Act" approved February 23, 1956 (Ga. Laws 1956, p. 195), as amended by an Act ap proved March 25, 1958 (Ga. Laws 1958, p. 652), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 180), is hereby amended by adding at the end of Section 2 of said Act immediately following sub section "(K)", a new subsection to be known as subsection "1", to read as follows:
"(1) The term 'food sales establishment' means and includes retail and wholesale grocery stores, retail seafood stores and places of business, food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law, bakeries, confec tioneries, fruits, nuts and vegetable stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises, but shall not include 'food service establishments' as defined in Code Section 88-1001."
Section 2. Said Act is further amended by adding at the end of Section 3 of said Act a new subsection to be known as subsection "(k)", to read as follows:
"(k) The operation of a food sales establishment in violation of Section 3A."
Section 3. Said Act is further amended by adding thereto im mediately following Section 3 a new Section, to be known as "Section 3A", to read as follows:
"Section 3A. It shall be unlawful for any person to operate a food sales establishment as herein defined without having first ob tained a license from the Commissioner. No license issued hereunder shall be suspended or revoked until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under the provisions of the Georgia Admin istrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. Licenses issued hereunder shall thereafter be

MONDAY, FEBRUARY 8, 1971

423

valid until suspended or revoked and shall not be transferable with respect to persons or location. There shall be no fee for such license."

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, G. D. Adams, John Alexander, W. H. Alexander, W. M.
Bar field Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bond Bo stick Bo wen Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook

Dailey Daugherty Davis, E, T. Davis, W. Dent Dixon Dorminy Edwards Ployd, L. R. Gary Gaynor Gei singer Gignilliat Grahl Granade Grantham Griffin Gunter Hamilton Harris Harrison Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Isenberg Jessup Jones, J. R. Jordan Keyton King Kreeger Lambert Lane, Dick

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. 3. (Bill) Lee, W. S. Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Murphy Nessmith
Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Pickard Pinkston

424
Poole Potts Rainey Reaves Roach Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan

JOURNAL OF THE HOUSE,

Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Toles

Tripp Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Bohannon Dean, N. Evans Eraser Ham

Knight Knowles Leggett Mauldin Pearce

Phillips, L. L. Phillips, W. R. Ross Russell Scarborough

Those not voting were Messrs.:

Adams, Marvin Alien Atherton Blackshear Burruss Chandler Colwell Dean, G. B. Dean, J. E. Drury Egan Ezzard Farrar

Felton Floyd, J. H. Greer Hadaway Harrington Hawes Hill, B. L. Hood Howell Hutchinson Johnson Jones, Herb Mason

Milford Mullinax Phillips, G. S. Smith, J. R. Thomason Thompson Town send Triplett Vaughn Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 143, nays 15.

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

Messrs. Drury of the 66th and Johnson of the 29th stated that they had been called from the floor of the House when the roll was called on HB 126, by sub stitute, and wished to be recorded as voting "aye".

MONDAY, FEBRUARY 8, 1971

425

HB 67. By Messrs. Gunter and Moore 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 following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend HB 67 as follows:

By adding after the word "bail" on line 14 the words "for the same offense", so that same shall read on line 14:

"this chapter shall be permitted one bail for the same offense as a matter of".

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, John Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Carr Carter

Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell
Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon

Dorminy Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat
Grahl Granade Grantham Greer Gunter Ham Harrington Harrison

426
Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R.

JOURNAL OP THE HOUSE,

Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts

Rainey Reaves Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith V. T. Snow Sorrells Stephens Strickland Sweat Toles Townsend Tripp Turner Wamble Westlake Wheeler Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Alexander, W. H. Bond Brown, B. D.

Brown, S. P. Daugherty Hamilton

Knowles Roach

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Alien Blackshear Bohannon Burruss Chandler Collier Dean, J. E. Drury Edwards Floyd, J. H.

Griffin Hadaway Harris Hawes Hill, B. L. Hood Horton Jones, Herb Lambert Lewis Mason Miles

Phillips, G. S. Shepherd Smith, J. R. Thomason Thompson Triplett Vaughn Ware Wheeler, Bobby Mr. Speaker

MONDAY, FEBRUARY 8, 1971

427

On the passage of the Bill, as amended, the ayes were 153, nays 8.

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

HB 86. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to provide that, at the option of the insured, he may be provided with increased limits of coverage for pro tection against uninsured motorists; and for other purposes.

The following amendment was read:
Mr. Dixon of the 65th moves to amend HB 86 as follows:
By inserting in Line 6 of Page 1 before the word "to" the following:
"to provide additional liabilities for the insurer under certain conditions;".
By renumbering Section 2 as Section 3, and by inserting following Section 1 a new Section 2, to read as follows:
"Section 2. Said Code Section is further amended by adding at the end thereof a new subsection (h) to read as follows:
' (h) If the insurer shall refuse to pay any insured, any loss covered by the provisions of this Section within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith, the insurer shall be liable to the insured in addition to any recovery under the provisions of this Section for not more than 25% of the recovery and all reason able attorney's fees for the prosecution of the case under the pro visions of this Section. The amount of such reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment which is rendered in such action. Such attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where such suit is pending. The trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the neces sity of disapproving the entire verdict. The limitations contained in this paragraph in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action against the insurer.' "

428

JOURNAL OP THE HOUSE,

The following amendment to the Dixon amendment was read and adopted:

Mr. Levitas of the 77th moves to amend the Dixon amendment to HB 86 by striking the word "trial jury" and inserting in lieu thereof the words "trier of facts" where they first appear.

The Dixon amendment, as amended, was adopted.

The following amendment was read and adopted:

Mr. Ware of the 30th moves to amend HB 86 as follows:
By deleting in their entirety Lines 13, 14 and 15 on Page 1 and substituting in lieu thereof the following:
"hereby amended by striking from subsection (a) the words 'costs which shall be no less than' and substituting in lieu thereof the following: 'costs which shall, at the option of the insured, be no less than (i)' and by".
By inserting in Line 17 on Page 1 between the words "or" and "not" the following:
"(ii)".
By inserting in Line 10 on Page 2 between the words "than" and "ten" the following:
"(i)".
And by inserting in Line 16 on Page 2 between the words "or" and "not" the following:
"(ii)".

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:

MONDAY, FEBRUARY 8, 1971

429

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander W. H. Alexander, W. M. Alien Barfield Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan

Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, C. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan

Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinks ton Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

430
Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Toles

JOURNAL OF THE HOUSE,

Townsend Tripp Turner Vaughn Wamble Ware Westlake

Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Atherton Bennett, J. T. Collier Drury Hadaway

Hill, B. L. Hood Phillips, G. S. Reaves Snow

Thompson Triplett Mr. Speaker

On the passage of the Bill, as amended, the ayes were 182, nays 0.

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

HB 95. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 58-108, relating to jury boxes, so as to provide that each county shall have one traverse jury box from which all courts of the county shall select jurors; and for other purposes.

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

On the passage of the Bill, the ayes were 119, nays 0.

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

HB 46. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds for total divorce, so as to provide that drug addiction shall constitute a ground for divorce; and for other purposes.

MONDAY, FEBRUARY 8, 1971

431

The following amendment was read and adopted:

Mr. Sweat of the 65th moves to amend HB 46 by adding the word "Habitual" preceding the word "Drug" on line 10, page 3.

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, G. D. Adams, John Alexander, W. M. Atherton. Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell

D ailey Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Harrington Harris Harrison Hays Hill, G. Housley Howard

Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson
Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles

432
Milford Moore Morgan Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R.

JOURNAL OP THE HOUSE,

Pinkston Poole Potts Reaves Roach
Ross Rush Russell, A. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.

Snow Sorrells Stephens Strickland Sweat Thomason Toles Townsend Tripp Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Bray Ham

Hamilton Hawes Lee, W. J. (Bill)

Longino Moyer Turner

Those not voting were Messrs.:

Adams, Marvin Alien Battle Blackshear Collier Colwell Cook Daugherty Hadaway

Hill, B. L. Hood Horton Jones, Herb
Mason Miller Phillips, G. S. Pickard
Rainey

Russell, H. P. Russell, W. B. Thompson
Triplett Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 161, nays 19.

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

HB 70. By Messrs. Gunter and Moore 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 the District Attorney or Solicitor shall be served with a copy

MONDAY, FEBRUARY 8, 1971

433

of the demand before filing the same with the Clerk of the Court; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend HB 70 as follows:
By striking on line 17, page 1, the words "prior to filing same" and inserting in lieu thereof the following after the word demand:
"and the same shall be filed"
and by striking on line 18 the word "may" and the words "or by mail," and inserting in lieu thereof after the word service the word "must" and before the word "be".
The following amendment was read and adopted:
Mr. Ham of the 33rd moves to amend HB 70 by changing "district attorney" to read "prosecuting attorney" wherever it appears in Sec tion 27-1903.

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, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon

Bond Bostick
Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance

Chandler Chappell Cheeks Clements Cole Collins, M.
Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W.

434
Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Ezzard Farrar Pelton Floyd, J. H. Floyd, L. E. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. E. Jordan

JOURNAL OF THE HOUSE,

King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. E. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten

Pearce Peters Phillips, L. L. Phillips, W. E. Pinkston Poole Potts Rainey Reaves Eoach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow S orrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Tripp Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. H. Collier Colwell Daugherty Evans Griffin

Hadaway Hill, B. L. Hood Keyton Phillips, G. S. Pickard

Triplett Turner Ware Mr. Speaker

MONDAY, FEBRUARY 8, 1971

435

On the passage of the Bill, as amended, the ayes were 179, nays 0.

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

HB 44. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to provide that the clerks of the superior courts shall not be required to file any civil case or proceeding until a deposit has been made with said clerk on account of cost; and for other purposes.

The following amendment was read and adopted:
Mr. Larsen of the 42nd moves to amend HB 44 by deleting the period at the end of line 24, page 1 and adding:
"providing that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect."

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, G. D. Adams, John Adams, Marvin Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Black Bohannon Bostick Bowen Brantley, H. L. Bray

Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, S. Coney, G. D. Coney, J. L. Conger Connell

Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Parrar Felton Floyd, J. H.

436
Floyd, L. R. Fraser Gary Gaynor Gei singer Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knowles Kreeger Lambert

JOURNAL OF THE HOUSE,

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Murphy Nessmith Noble Nunn Oxford Patterson Patten

Peters Phillips, L. L. Pinkston Poole Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Toles Townsend Tripp Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood

Those voting in the negative were Messrs.

Alexander, W. H. Berry Blackshear Bond Brown, B. D. Buck

Dean, J. E. Hamilton King Knight Lee, W. S. Mullinax

Odom Pearce Potts Shanahan
Ware

Those not voting were Messrs.:

Alien Brantley, H. H. Chandler Collier Collins, M.

Colwell Cook Daugherty Drury Hadaway

Hill, B. L. Hood Northcutt Phillips, G. S.
Phillips, W. R.

MONDAY, FEBRUARY 8, 1971

437

Pickard Scarborough Shepherd Snow

Thomason Thompson Triplett Turner

Westlake Mr. Speaker

On the passage of the Bill, as amended, the ayes were 153, nays 17.

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

Mr. Alien of the 92nd stated that due to mechanical failure, his vote failed to record on the passage of HB 44, as amended, and that he wished to be re corded as voting "aye".

Mr. Wamble of the 69th 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.

438

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 9, 1971

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. George L. Griffin, Retired Baptist Minister, Pinehurst, Georgia.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T.
Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S.

Coney, G. D. Coney, J. L. Connell Cook Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L.

Hill, Guy Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Kins; Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton

Merritt
Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson
Patten Pearce Peters Phillips, L. L.

TUESDAY, FEBRUARY 9, 1971

439

Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R, Smith, J. R. Snow

Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

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.

440

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 332. 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 Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, by changing the salary provisions therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 333. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Peach County upon an annual salary in lieu of the fee system of com pensation, so as to delete the requirement that the ordinary serve as the clerk of the board of commissioners of Peach County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 334. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners for Peach County, so as to delete the requirement that the ordinary of Peach County shall be clerk of the board of com missioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 335. By Mr. Grahl of the 40th: A Bill to be entitled an Act authorizing the governing authority of Peach County to levy a license tax upon any organization, trade or business and to license and regulate and control same; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 127-335. By Mr. Grahl of the 40th: A Resolution proposing an amendment to the Constitution so as to authorize any county to exercise the power of taxation for the purpose of enacting reasonable ordinances for the regulation of an organiza tion, trade or business carried on within the county within or without

TUESDAY, FEBRUARY 9, 1971

441

the geographical limits of any municipality and to license and to levy a license tax on same; and for other purposes.
Referred to the Committee on Ways and Means.

HB 336. By Mr. Lane of the 101st:
A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.
Referred to the Committee on Natural Resources.

HB 337. By Messrs. Collins and Geisinger of the 72nd, Floyd, Davis, Westlake and Granade of the 75th, Bell and Noble of the 73rd and others:
A Bill to be entitled an Act to amend Code Section 34A-501, relating to elector's qualifications; and for other purposes.
Referred to the Committee on State of Republic.

HB 338. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County to levy and collect a tax on mobile home rental units and mobile home sites located within said county; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 339. By Messrs. Pickard, Pearce and Buck of the 84th, Berry of the 85th, King and Davis of the 86th:
A Bill to be entitled an Act to amend an Act creating the Muscogee County School District, so as to provide that no member of the Mus cogee Board of Education shall be eligible for reappointment after such member has served two consecutive full terms on said Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 340. By Messrs. Rainey of the 47th, Peters of the 2nd, Housley of the 117th, Adams of the 100th and Hays of the 1st:
A Bill to be entitled an Act to amend an Act completely and exhaus tively revising, superseding and consolidating the laws of 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.

442

JOURNAL OF THE HOUSE,

HB 341. By Messrs. Evans, Bennett, Brown, Pinkston and Scarborough of the 81st, Coney of the 82nd and Miller of the 83rd and others:
A Bill to be entitled an Act to repeal Code Section 114-403, relating to the right of subrogation; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 342. By Messrs. Smith and Sherman of the 80th, Miles, Cheeks and Mulherin of the 78th, McCracken of the 36th, Matthews of the 63rd and others:
A Bill to be entitled an Act to amend Code Section 114-406, relating to compensation for injuries, so as to change the maximum period for which compensation shall be paid; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 343. By Mr. Vaughn of the 74th: 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 provide that gross sales shall not include the tax imposed by Chapter 92-14 of the Code of Georgia of 1933, known as the "Motor Fuel Tax Law", and for other purposes.
Referred to the Committee on Ways and Means.
HB 344. By Messrs. Brown of the 110th, Felton of the 95th, Alexander of the 108th, Horton of the 95th and Hill of the 94th: A Bill to be entitled an Act to amend Code Section 34-1304, relating to the time for opening and closing polls, so as to provide that the polls shall remain open until 9:00 p.m. at which time they shall be closed; and for other purposes.
Referred to the Committee on State of Republic.
HB 345. By Messrs. Felton, Cook, Greer, Hawes and Horton of the 95th, Alex ander of the 108th, Larsen of the 113th, Hill of the 97th and others: A Bill to be entitled an Act to add four additional judges of the Su perior Court for the Atlanta Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 346. By Messrs. Rush and Salem of the 51st: A Bill to be entitled an Act to amend an Act incorporating the City of Cobbtown in the County of Tattnall, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 9, 1971

443

HB 347. By Messrs. Pickard and Pearce of the 84th and Berry of the 85th:
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 dealers in junk or metals; and for other purposes.
Referred to the Committee on Industry.

HB 348. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to create and establish an Airport Au thority for the City of Calhoun and Gordon County, and to authorize such Authority to acquire and maintain all necessary property apper taining to such undertaking; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 349. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to change the compensation of the deputy sheriffs in certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 350. By Mr. Ross of the 26th: A Bill to be entitled an Act to amend an Act placing the sheriff, ordinary and clerk of the superior court of Wilkes County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 351. By Messrs. Salem and Rush of the 51st: A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to redefine the city limits of the City of Lyons; and for other purposes.
Referred to the Committee on State Planning- & Community Affairs--Local Legislation.
HB 352. By Mr. Harrington of the 34th: 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 Industry.

444

JOURNAL OF THE HOUSE,

HB 353. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 354. 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, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 355. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Stephens County, so as to change the provisions relative to the compensation of said clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 356. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Stephens County on an annual salary, so as to change the provisions relative to the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 357. By Messrs. Harrington and Chandler of the 34th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Wilkinson County on an annual salary in lieu of the fee system of compensation, so as to authorize the governing authority to furnish the sheriff with such automobiles as may be required for him to ade quately perform the official duties of his office; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 358. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act establishing a City Court

TUESDAY, FEBRUARY 9, 1971

445

in the County of Clarke, so as to abolish the office of special investi gator; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 359. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to abolish the office of treasurer of Clarke County; to provide that the board of commissioners shall appoint depositories for county funds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 360. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to provide for the authentication and admissibility of medical records or copies thereof for use as evidence; and for other purposes.
Referred to the Committee on Health and Ecology.

HR 128-360. By Messrs. Westlake, Granade, Davis and Floyd of the 75th: A Resolution compensating Frank G. Miller; and for other purposes.
Referred to the Committee on Appropriations.

HR 129-360. By Mr. Wood of the llth:
A Resolution compensating Mr. Eugene McClung Graves; and for other purposes.
Referred to the Committee on Appropriations.

HR 130-360. By Messrs. Brown and Melton of the 32nd:
A Resolution proposing an amendment to the Constitution so as to authorize an increase in retirement benefits of retired employees of the City of Griffin; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 131-360. By Messrs. Brown and Melton of the 32nd: A Resolution compensating Mrs. Lillie S. Ard; and for other purposes.
Referred to the Committee on Appropriations.

446

JOURNAL OF THE HOUSE,

HR 132-360. By Mr. Hill of the 97th: A Resolution compensating Louis Cavalli; and for other purposes.
Referred to the Committee on Appropriations.

HR 133-360. By Messrs. Smith, Cole and Turner of the 3rd, Smith of the 43rd, Gary, Lee and Northcutt of the 21st, Dean of the 19th, Maxwell of the 17th, Carr of the 35th and Peters of the 2nd:
A Resolution relative to grants to municipalities; and for other pur poses.
Referred to the Committee on State of Republic.

HB 361. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to create the Georgia State Board of Physical Therapy; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 362. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 363. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis, so as to change the compensation of the Sheriff of Bartow County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 364. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Bartow County, so as to change the compensation of the Commissioner of Bartow County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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447

HB 365. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensa tion of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis, so as to change the compensation of the Clerk of the Superior Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 366. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 367. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to designate as depositories for public and trust funds the treasury in counties of Georgia having a popula tion of not less than 32,350 nor more than 32,700; to authorize the various county officers and officers of court to deposit in the treasury any funds in their custody not required for immediate disbursement; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 368. By Messrs. Battle of the 90th, Dorminy of the 48th, Edwards of the 45th, Hadaway of the 27th, Poole of the 10th, Phillips of the 50th, Gignilliat of the 89th, Phillips of the 38th, Jones of the 87th and Adams of the 39th:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to provide a procedure whereby the Water Quality Control Board may obtain an order of court for the enforcement of its orders; and for other purposes.
Referred to the Committee on Natural Resources.

HB 369. By Messrs, Battle of the 90th, Dorminy of the 48th, Edwards of the 45th, Hadaway of the 27th, Poole of the 10th, Phillips of the 50th, Gignilliat of the 89th, Phillips of the 38th, Jones of the 87th and Adams of the 39th:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to authorize the Board to institute proceedings of mandamus to enforce the provisions of this Act; and for other purposes.
Referred to the Committee on Natural Resources.

448

JOURNAL OF THE HOUSE,

HB 370. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for licensing ambulance serv ices; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 371. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A bill to be entitled an Act to provide for the necessary consents for the treatment of minors for drug abuse; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 372. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend an Act providing for the control and operation of clinical laboratories, so as to include blood banks and tissue banks within the present definition of clinical laboratory; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 373. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide mental health diagnostic and treatment services and home health care services for the acutely or chronically ill and for the aged; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 374. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Section 88-502.15, relating to notice of actions to be taken in regard to mentally ill persons, as to delete the requirement that notice by mail be by registered or certified mail, and to provide for the recording of the date and hour of mailing of said mail; and for other purposes.
Referred to the Committee on Health and Ecology.
HB 375. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide an additional procedure

TUESDAY, FEBRUARY 9, 1971

449

whereby a person who appears to be mentally ill and likely to injure himself or others may be taken into custody by any peace officer upon an order issued from the ordinary and delivered forthwith to the near est available emergency receiving facility; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 376. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to provide for the necessary consents for the treatment of minors for venereal disease; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 377. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to provide certain exclusions from the implied warranty of merchantability and the implied warranty of fitness for a particular purpose; and for other purposes.
Referred to the Committee on Judiciary.

HB 378. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Chapter 88-3 relating to enforcement and administrative procedure, so as to provide the appel late procedure to be followed by any person aggrieved or adversely affected by any final order or action of any county board of health or the Department of Public Health; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 379. By Messrs. Vaughn of the 74th and Wood of the llth:
A Bill to be entitled an Act to provide for retained amounts on road construction contracts; to provide an alternate escrow procedure for retained amounts on road construction contracts; and for other pur poses.
Referred to the Committee on Highways.

HB 380. By Mr. Russell of the 14th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Oconee County on a salary basis, so as to change the salary of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

450

JOURNAL OF THE HOUSE,

HB 381. By Messrs. Kreeger, Howard, Housley, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to add one additional judge of the Supe rior Court of Cobb Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 382. By Messrs. Peters of the 2nd, Snow, Clements and Hays of the 1st and Hudson of the 48th: -
A Bill to be entitled an Act to provide that no person, firm or corpora tion shall transport, on a continuing basis, garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, unless permission is first obtained from the governing authority of the county in which the dump is located; and for other purposes.
Referred to the Committee on Natural Resources.

HB 383. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Burke County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 384. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements within the right-ofway of any public street within Clayton County or on any public property or building in said county; and for other purposes.
Referred to the Committee on State of Republic.

HB 385. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, so as to remove the provisions relating to maximum compensa tion payable from State and County funds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 134-385. By Mr. Chappell of the 42nd: A Resolution compensating Mrs. Bob Hollis; and for other purposes.
Referred to the Committee on Appropriations.

TUESDAY, FEBRUARY 9, 1971

451

HR 135-385. By Messrs. McDaniell, Wilson, Atherton, Kreeger, Howard, Housley and Burruss of the 117th:
A Resolution authorizing the conveyance of certain real property located in Cobb County; and for other purposes.
Referred to the Committee on Appropriations.

HR 136-385. By Messrs. Johnson of the 29th and Busbee of the 61st: A Resolution to create the Motor Vehicle Width Study Committee; and for other purposes.
Referred to the Committee on Rules.
HB 386. By Mr. Russell of the 14th: A Bill to be entitled an Act to provide that the members of the Board of Education of the Barrow County School System shall be authorized to meet and exercise certain powers prior to their taking office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 387. By Messrs. Shanahan of the 8th, Gaynor of the 88th, Ross of the 26th, Bennett of the 71st, Lane of the 101st, Miller of the 83rd, Geisinger of the 72nd and others: A Bill to be entitled an Act to amend Code Title 22, relating to corpo rations, so as to change the fees for advertising; and for other purposes.
Referred to the Committee on Judiciary.
HB 388. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to amend an Act incorporating the Town of Warrenton, so as to change the salary of the mayor and council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 389. By Mr. Carter of the 64th:
A Bill to be entitled an Act to reincorporate the City of Pearson in the County of Atkinson; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

452

JOURNAL OF THE HOUSE,

HB 390. By Mr. Carr of the 35th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Washington County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 391. By Mr. Carr of the 35th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Washington County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 392. By Mr. Carr of the 35th:
A Bill to be entitled an Act to provide that certain officers of Washing ton County shall submit an annual budget; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 393. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Deepstep, so as to change the term of office for the mayor and council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 394. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, so as to change the compensation of the clerk of the superior court of Washing ton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 395. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to change the time of the election and installation of city officials; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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453

HB 396. By Mr. Cook of the 95th:
A Bill to be entitled an Act to authorize the practice of astrology; to create the State Board of Astrology Examiners; and for other purposes.
Referred to the Committee on Industry.

HB 397. By Mr. Cook of the 95th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to enact for their respective jurisdictions, ordinances which have the effect of restricting the operation of adult bookstores and movie houses to areas zoned for commercial or industrial purposes; and for other purposes.
Referred to the Committee on Industry.

HB 398. By Mr. Cook of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that persons pleading nolo contendere for driving under the influence shall have their drivers' licenses suspended for 30 days and other punishment as the judge shall deem appropriate; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 399. By Mr. Cook of the 95th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to provide that in the event an operator shall enter a plea of non contendere for driving under the influence the Director of the Department of Public Safety shall suspend his operator's license for not less than 30 days; and for other purposes.
Referred to the Committee on Motor Vehicles.

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 402. By Messrs. Bostick, Matthews and Patten of the 63rd:
A Bill to be entitled an Act creating and establishing the State Court of Tift County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

454

JOURNAL OF THE HOUSE,

HB 432. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act abolishing the 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 revise, consolidate and clarify all the laws relating to the Mu nicipal Court; and for other purposes.
Referred to the Committee on Special Judiciary.

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

HB 264. By Messrs. Mullinax of the 30th and 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; to declare same contraband and provide a method for the sale or disposal thereof; and for other purposes.

HB 265. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "State Department of Air Transportation Act", so as to change the qualifica tions of the director; and for other purposes.

HB 266. By Mr. Busbee of the 61st:

A Bill to be entitled an Act to amend Code Section 88-909, relating to

admissibility of information, in private actions, obtained by the Board

of Health, the Department of Public Health or their employees or agents,

so as to provide that information directly affecting any person ob-

!

tained by the Board, the Department or their employees or agents as a

result of studies, surveys, investigation, reports, etc. shall be admissible

as evidence; and for other purposes.

HB 267. By Mr. Larsen of the 42nd:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the waiver of indictments and the trial of defendants upon accusation, so as to provide that defendants who consent thereto may plead guilty to capital felonies without necessity of being indicted by a grand jury; and for other purposes.

HB 268. By Mr. Knowles of the 22nd:

A Bill to be entitled an Act to authorize the Board of Commissioners

1

of Henry County, for regulatory and revenue purposes, to levy and

collect a license tax from any person, firm or corporation except those

TUESDAY, FEBRUARY 9, 1971

455

subject to regulation by the Georgia Public Service Commission who may maintain a place of business in any area outside the incorporated limits of municipalities; and for other purposes.

HB 269. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and the tax commissioner of Henry County on an annual salary in lieu of the fee system of com pensation, so as to provide that any uncollected fees and whatever other perquisites to which the tax commissioner was entitled shall be paid to said office; and for other purposes.

HB 270. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend Code Section 26-1704, relating to bad checks, so as to require written notice of refusal to honor an instrument for lack of funds in connection with prima facie evidence; and for other purposes.

HR 104-270. By Messrs. McDaniell, Kreeger and Burruss of the 117th:
A Resolution compensating Mr. and Mrs. J. Hal Wallace; and for other purposes.

HR 105-270. By Mr. Busbee of the 61st: A Resolution compensating the Royal-Globe Insurance Company; and for other purposes.
HR 106-270. By Mr. Sims of the 106th: A Resolution compensating the Sessions Company, Enterprise, Alabama; and for other purposes.
HR 107-270. By Messrs. Adams and Smith of the 39th: A Resolution compensating Carolyn Tanner Gray; and for other pur poses.
HR 108-270. By Messrs. Adams and Smith of the 39th: A Resolution compensating Earl V. Gray; and for other purposes.
HR 109-270. By Mr. Thompson of the 85th: A Resolution compensating Mr. Roland Maye; and for other purposes.

456

JOURNAL OF THE HOUSE,

HB 271. By Messrs. Shanahan of the 8th, Roach and Harris of the 10th:
A Bill to be entitled an Act to provide that in certain counties of this State, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds; and for other purposes.

HB 272. By Messrs. Shanahan of the 8th, Roach and Harris 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.

HB 273. By Messrs. Greer of the 95th, McDaniell of the 117th and Levitas of the 77th:
A Bill to be entitled an Act to provide for the certification of factorybuilt housing and for the establishment of uniform health and safety standards and inspection procedures for factory-built housing; and for other purposes.

HB 274. By Messrs. Greer of the 95th, McDaniell of the 117th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the State Building Administrative Board, so as to increase the membership of said Board; to change the provisions relative to the organization of the Board; and for other purposes.

HB 275. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to change the date of the general primary; and for other purposes.

HB 276. By Messrs. McDaniell of the 117th, Cook of the 95th, Battle of the 90th and Noble of the 73rd:
A Bill to be entitled an Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, so as to change the definition of the practice of land surveying; and for other purposes.

HB 277. By Messrs. Bennett, Scarborough, Brown and Pinkston of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 27-1403, relating to list of witnesses, furnished accused, so as to provide that a statement by the State Prosecutor that the State was not aware of certain evidence

TUESDAY, FEBRUARY 9, 1971

457

at the time of furnishing the list of -witnesses, creates only a presump tion of such fact, and the defendant may offer evidence to rebut the presumption; and for other purposes.

HB 278. By Messrs. Mulherin and Miles of the 78th, Connell and Dent of the 79th and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that counties shall be compensated for the keep and confinement of prisoners who are participating in work release programs; and for other pur poses.

HB 279. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to provide that notwithstanding any law, rule or regulation to the contrary, an employee of State Government shall be authorized to run for and hold office in any government of any municipality having a population of 1,000 persons or less; and for other purposes.

HB 280. By Mr. Egan of the 116th:
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 the "Georgia Civil Practice Act", so as to provide for the maintenance of class actions by one or more members of a class as representatives on behalf of all if certain prerequisites exist; and for other purposes.

HB 281. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County, so as to change the title of the Comptroller; and for other purposes.

HB 282. 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 twelve, agreement of nine of the twelve jurors shall be suffi cient for a verdict; and for other purposes.
HB 283. 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 addresses of the offices and officers therein, and any letter addressed

458

JOURNAL OF THE HOUSE,

to an address contained in the aforesaid directory shall be deemed properly addressed if the letter is addressed as set out in said directory; and for other purposes.

HR 118-283. By Mr. Gunter of the 6th:
A Resolution proposing an amendment to the Constitution so as to change the qualifications for service as grand jurors; to provide that there shall be but one jury box for each county; and for other purposes.

HR 119-283. By Mr. Gunter of the 6th:
A Resolution proposing an amendment to the Constitution so as to pro vide that a person 65 years of age or older, after having once received the additional homestead exemption now provided for such persons with a certain income, need only apply for such exemption each year, but must notify the tax commissioner or tax receiver in the event he is no longer eligible for such exemption; and for other purposes.

HB 284. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to define "coroner"; to grant the coroner of each county the power to make arrests, to pronounce persons as dead and to sign death certificates; and for other purposes.

HR 120-284. By Mr. Gignilliat of the 89th: A Resolution compensating William N. Jones; and for other purposes.

HB 285. By Mr. Greer of the 95th:
A Bill to be entitled an Act to be known as "The Medical Assistance for the Indigent Act"; and for other purposes.

HB 286. By Mr. Greer of the 95th:
A Bill to be entitled an Act to appropriate funds to the Fulton-DeKalb Hospital Authority; and for other purposes.

HB 287. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Chapters 92-31 and 92-32, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder, so as to change the rate of taxation imposed on individuals; and for other purposes.

TUESDAY, FEBRUARY 9, 1971

459

HB 288. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for a supple ment to the salary of certain district attorneys, so as to change the population figures and the census contained therein; and for other purposes.

HB 289. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act authorizing the appoint ment of assistants to certain coroners, so as to change the population figures and the census contained therein; and for other purposes.

HB 290. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for budgets in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 291. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act relating to the collection and remission of commissions of certain tax commissioners, so as to change the population figures and the census contained therein; and for other purposes.

HB 292. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for additional compensation for permanent employees of certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 293. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act fixing the compensation of certain elected officials, so as to change the population figures and the census contained therein; and for other purposes.

HB 294. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act prohibiting the dumping of trash and other refuse in certain counties, so as to change the popula tion figures and census contained therein; and for other purposes.

HB 295. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act fixing the salaries of the court reporters, special bailiffs and secretaries to the Superior Court

460

JOURNAL OF THE HOUSE,

Judges of certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 296. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for a law assistant for the Judge of Superior Courts of certain counties, so as to change the population figures and census contained therein; and for other purposes.

HB 297. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the payment of witness fees to law enforcement officers in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 298. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing additional com pensation for the district attorneys of certain judicial circuits, so as to change the population figures and census contained therein; and for other purposes.

HB 299. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of depositories of trash and refuse in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 300. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend the "Juvenile Court Act", so as to change certain of the population figures and the census contained therein; and for other purposes.

HB 301. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of certain assistants to certain district attorneys, so as to change the population figures and the census contained therein; and for other purposes.

HB 302. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend Code Section 21-105, relating to the fees of coroners, so as to change the population figures and the census contained therein; and for other purposes.

TUESDAY, FEBRUARY 9, 1971

461

HB 303. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of a secretary to certain judges of the State Courts in certain counties, so as to change the population figures and the census con tained therein; and for other purposes.

HB 304. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act providing additional com pensation for certain district attorneys, so as to change the population figures and census contained therein; and for other purposes.
HB 305. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act authorizing the establish ment of law libraries in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
HB 306. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act providing for the ap pointment of an assistant solicitor in the State Court of certain counties, so as to change the population figures and the census contained therein; and for other purposes.
HB 307. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act relating to the conduct of certain public officials in certain counties and political subdivisions, so as to change the population figures and census contained therein; and for other purposes.

HB 308. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of certain assistants to certain district attorneys, so as to change the population figures and census contained therein; and for other purposes.

HB 309. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend Code Section 38-1501, relating to the attendance of witnesses and the fees therefor, so as to change the population figures and the census contained therein; and for other purposes.

462

JOURNAL OF THE HOUSE,

HB 310. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of a clerk for the district attorney in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 311. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the ap pointment of a jury clerk in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 312. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act providing for the appointment of an executive secretary and calendar clerk to the judge of the superior courts in certain counties, so as to change the popula tion figures and the census contained therein; and for other purposes.

HB 313. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of court reporters to the judges of the superior courts of certain counties, so as to change the population figures and the census con tained therein; and for other purposes.

HB 314. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act creating a new board of education for Grady County, so as to provide that the Grady County School Superintendent shall be appointed by the board of education of Grady County; and for other purposes.

HB 315. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the ordinary of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officer; and for other purposes.

HB 316. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary, so as to change the certain dates relative to the submission and approval of budgets by said of ficer; and for other purposes.

TUESDAY, FEBRUARY 9, 1971

463

HB 317. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officers; and for other purposes.

HB 318. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the tax com missioner of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officer; and for other purposes.

HB 319. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Houston County, so as to provide that the fiscal year for Houston County shall commence on the 1st day of July each year and extend through the 30th day of June the following years; and for other purposes.
HB 320. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
HB 321. By Mr. Egan of the 116th: A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide a specific enumeration of persons authorized and empowered to consent, either orally or other wise, to surgical or medical treatment which may be suggested, recom mended, prescribed or directed by a duly licensed physician; and for other purposes.
HR 121-321. By Mr. Greer of the 95th:
A Resolution compensating Mr. Bartle Bates; and for other purposes.
HR 122-321. By Mr. Levitas of the 77th:
A Resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Decatur, who is 65 years old or older shall be granted an exemption from all City of Decatur ad valorem taxes of $2,000 of the value on the homestead owned and occupied by said resident as a homestead within said City if the net income does not exceed $4,000 for the immediate preceding taxable year; and for other purposes.

464

JOURNAL OF THE HOUSE,

HB 322. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act establishing districts in DeKalb County from which the members of the County Board of Education shall be elected and proving the terms and method of electing such members, so as to provide that the members of said Board of Education shall be elected by a majority of the qualified voters within their respective School Board Districts; and for other purposes.

HB 323. By Messrs. Levitas, Farrar, Thomason and Russell of the 77th, Vaughn and Jordan of the 74th and Dean of the 76th:
A Bill to be entitled an Act to provide that members and chairmen of boards of commissioners of certain counties shall be elected at nonpartisan elections; and for other purposes.

HB 324. By Messrs. Geisinger and Collins of the 72nd, Hawes and Felton of the 95th and Granade of the 75th:
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.

HR 123-324. By Messrs. Geisinger and Collins of the 72nd, Hawes and Felton of the 95th and Granade of the 75th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt money and interests in patent rights, copyrights, 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 of 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.
HB 325. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Clayton Judicial Circuit, so as to authorize the district attorney of the Clayton Judicial Circuit to appoint one assistant district attorney to assist him in the performance of the official duties of his office; and for other purposes.

HB 326. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to authorize certain counties and municipali ties to levy and impose an excise tax upon the sale of alcoholic beverages to retail establishments licensed to sell alcoholic beverages by the drink for consumption on the premises; and for other purposes.

TUESDAY, FEBRUARY 9, 1971

465

HB 327. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to authorize each county and municipality to levy and collect an excise tax upon the sale or charges for any rooms, lodgings, or similar accommodations; and for other purposes.

HB 328. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to authorize each county and municipality to levy and collect an excise tax upon the sale of tickets, fees or charges made for admission to places of amusements, sports, or enter tainment or any other place in which an exhibition, display, amusement, sport or entertainment is offered to the public; and for other purposes.

HR 124-328. By Mr. Atherton of the 117th:
A Resolution compensating Mr. Hassil Culpepper; and for other pur poses.

HR 125-328. By Mr. Atherton of the 117th:
A Resolution compensating the Noonday Baptist Church; and for other purposes.

HB 329. By Messrs. Alexander of the 108th and Daugherty of the 109th, Mrs. Hamilton of the 112th, Messrs. Alexander of the 96th, Adams of the 100th, Greer of the 95th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amend ment to Paragraph 1, of Section 7 of Article 6 of the Constitution, relating to the abolition of Justice Courts and the office of Justice" of the Peace and of Notary Public Ex Officio Justice of the Peace, so as to provide that a defendant shall serve and file his answer within 30 days after the service of the summons; and for other purposes.

HB 330. By Mrs. Hamilton of the 112th, Messrs. Egan of the 116th, Daugherty of the 109th, Hill of the 94th, Alexander of the 96th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to create the City of Atlanta Charter Commission; to provide for the membership of said Commission; and for other purposes.

HB 331. By Messrs. Adams of the 100th, Alexander of the 96th, Lane of the 101st, Hawes of the 95th, Egan of the 116th, Greer of the 95th, Marcus of the 105th, Savage of the 104th and others:
A Bill to be entitled an Act to amend an Act providing for the ex amination of master electricians in counties having populations of 150,000 or more, so as to provide that said Acts shall not apply to counties having a population of 500,000; and for other purposes.

466

JOURNAL OP THE HOUSE,

HR 126-331. By Mr. Dorminy of the 48th:
A Resolution creating the Richard Brevard Russell Monument Com mission; and for other purposes.

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 follow ing Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 61. 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:

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others:
A Bill to create a State Athletics Commission; to provide the jurisdic tion, duties and authority of said Commission; to provide for membership and meetings; to repeal conflicting laws; and for other purposes.

SB 19. By Senator Starr of the 44th:
A Bill to amend Code Section 59-120, relating to the compensation of jurors and court bailiffs, so as to change the minimum and maximum amounts allowable for court bailiffs; to repeal conflicting laws; and for other purposes.

SB 25. By Senators Webb of the llth and Plunkett of the 30th:
A Bill to amend an Act creating a juvenile court system for the State of Georgia, so as to authorize the judge of the juvenile court to hold hear-

TUESDAY, FEBRUARY 9, 1971

467

ings at any time or place within the judicial circuit; to repeal conflicting laws; and for other purposes.

SB 26. By Senator Kidd of the 25th:
A Bill to amend Code Chapter 84-9, relating to medical practitioners, so as to redesignate a certain code section; to provide that aliens who have resided within the U.S. for at least one year and who have filed a notice of intention of becoming a citizen shall be eligible to stand examination and upon successful completion and compliance with all requirements shall be granted a license to practice medicine; to repeal conflicting laws; and for other purposes.
SB 35. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill relating to the negotiation of contracts by the State Highway Di rector and the State Highway Department, so as to provide for the ne gotiation of contracts by the State Highway Director and the State Highway Department with incorporated municipalities; to repeal con flicting laws; and for other purposes.

SB 47. By Senators Webb of the llth and Plunkett of the 30th:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to remove from the involuntary separation provisions that portion relative to the failure in an election of elected official; 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 16. By Senators Kidd of the 25th, Kennedy of the 4th, Hill of the 29th and others:
A Resolution creating the Consumer Protection Study Committee; and for other purposes.

The Senate has adopted the following Resolution of the House, to-wit:

HR 110. By Mr. Miles of the 78th and others:
A Resolution commending Mr. Leslie Townes "Bob" Hope; and for other purposes.

468

JOURNAL OF THE HOUSE,

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

HB 120. By Messrs. Lane of the 101st, Adams of the 100th, Cook of the 95th, Stephens of the 103rd, Egan of the 116th and Marcus of the 105th: A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville, Ga., and for other purposes", so as to provide for increased payments to the pension fund by the City; 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 215. By Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act providing for the terms of the Superior Court of Sumter County, so as to provide for two addi tional terms of said Superior Court; 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.

HB 235. By Messrs. Buck, Pearce and Pickard of the 84th, King and Davis of the 86th, and Berry and Thompson of the 85th:
A Bill to be entitled an Act to provide an annual salary for the coroner of certain counties of this state in lieu of all fees or other emoluments; to authorize the payment of certain expenses incidental to the office of coroner of such counties; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 9, 1971

469

The report 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 236. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th and Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing the salary of the sheriff of Muscogee County, as amended, so as to change the salary of said sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 237. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th and Thompson and Berry of the 85th:
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 establishing in lieu thereof a municipal court in and for the City of Columbus, as amended, so as to change the compensation of the judge, clerk and marshal of said court; 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.

470

JOURNAL OF THE HOUSE,

HB 238. By Messrs. Buck, Pearce and Pickard of the 84th, King and Davis of the 86th and Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, as amended, so as to change the salary of said clerk; 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.

HB 239. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th and Thompson and Berry of the 85th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Muscogee County, as amended, so as to change the compensa tion of the judge, solicitor and assistant solicitor of said Court; 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.

HB 240. By Messrs. Buck, Pearce and Pickard of the 84th, King and Davis of the 86th and Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act abolishing the office of tax receiver and tax collector of Muscogee County and creating the office of tax commissioner of said Ctmnty, as amended, so as to change the compensation of said tax commissioner; to repeal conflicting laws; and for other purposes.

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

TUESDAY, FEBRUARY 9, 1971

471

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 241. By Messrs. Buck, Pearce and Pickard of the 84th, King and Davis of the 86th and Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act establishing the salary of the Ordinary of Muscogee County, as amended, so as to change the salary of said Ordinary; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

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

HR 11-18. By Mr. Grantham of the 55th:
A Resolution compensating the Supreme Meadow Ice Cream Co.; and for other purposes.

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

On the adoption of the Resolution, the ayes were 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 13-18. By Mr. Shanahan of the 8th:
A Resolution compensating Joan Elizabeth Putnam; and for other purposes.

472

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 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 14-18. By Mr. Shanahan of the 8th: A Resolution compensating John K. Hobgood; and for other purposes.

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

On the adoption of the Resolution, the ayes were 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 15-18. By Mr. Shanahan of the 8th: A Resolution compensating Milton Stewart; and for other purposes.

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

On the adoption of the Resolution, the ayes were 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 16-18. By Mr. Mullinax of the 30th: A Resolution compensating Mr. Alfred H. Nader; and for other purposes.

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

TUESDAY, FEBRUARY 9, 1971

473

On the adoption of the Resolution, the ayes were 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 17-18, By Mr. Strickland of the 56th: A Resolution compensating Mr. J. P. Dean; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 19-38. By Mr. Scarborough of the 81st: A Resolution compensating Mr. Scott F. Sinclair; and for other purposes.

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

On the adoption of the Resolution, the ayes were 170, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 21-38. By Messrs. Russell and Keyton of the 70th: A Resolution compensating Mr. James E. Howell; 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 170, nays 0.

474

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted.

HR 35-64. By Mr. Felton of the 95th:
A Resolution compensating Mrs. Irvin Blumenthal; 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 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 43-83. By Mr. Harrington of the 34th: A Resolution compensating Mr. J. R. Bouchillon, and for other purposes.

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

On the adoption of the Resolution, the ayes were 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 49-83. By Mr. Harrington of the 34th: A Resolution compensating Mr. Arthur Mosely; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 49-83 by changing the figure "$381.60" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$361.60".

TUESDAY, FEBRUARY 9, 1971

475

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 170, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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

HB 99. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State sup ported schools, so as to provide that the expense fund shall be the fund to which shall be credited the State funds or federal funds to pay the administrative expenses of the 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H.

Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S.

Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard

476
Parrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Greer Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick

JOURNAL OF THE HOUSE,

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino
Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odora Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R.

Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Atherton Barfield Bennett, J. T. Bray Collier Colwell Conger

Davis, W. Dean, J. E. Gaynor Grantham Griffin Hawes Hudson, Ted

Lewis McDonald Phillips, G. S. Sims Smith, V. T. Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 174, nays 0.

TUESDAY, FEBRUARY 9, 1971

477

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

HB 100. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the public and State supported schools, so as to delete the prohibition against providing increased retirement funds to members who have retired after July 1, 1961; and for other purposes.

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, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield
Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements

Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham

Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick
Lane, W. J. Larsen, G. K.

478
Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Murphy

JOURNAL OP THE HOUSE,

Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce
Peters Phillips, G. S. Phillips, L. L.
Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach
Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough

Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Bray Collier Colwell Dean, J. E.

Egan Hawes Hood Lambert Lewis

Mullinax Savage Shepherd Smith, V. T. Mr. Speaker

On the passage of the Bill, the ayes were 180, nays 0.

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

Mr. Adams of the 39th stated that he had been called from the floor of the House when the roll was called on HB 100, and wished to be recorded as voting

HB 101. By Messrs. Parrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State

TUESDAY, FEBRUARY 9, 1971

479

supported schools, so as to change the name of the "Georgia Educa tion Association" to the "Georgia Association of Educators"; and for other purposes.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D.

Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E, T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Parrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays

Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell

480
McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce

JOURNAL OF THE HOUSE,

Peters Phillips, L. L. Phillips, W. K. Pinkston Poole Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R.

Smith, J. R. Sorrells Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Collier Colwell Dean, J. E. Ezzard
Gary Lane, W. J.

Lewis McCracken Nessmith Phillips, G. S. Pickard Rush

Savage Smith, V. T. Snow Thomason Ware Mr. Speaker

On the passage of the Bill, the ayes were 177, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 96. By Messrs. Farrar of the 77th, and Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing the Teacher's Retirement System, so as to implement a constitutional amendment authorizing the increase of retirement or pension benefits of retired persons who retired pursuant to the Teachers' Retirement System Act; and for other purposes.
An amendment, offered by Mr. Egan of the 116th, was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 9, 1971

481

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell
Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N.

Dent Dixon Dorminy Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter
Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood
Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach

482
Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims

JOURNAL OP THE HOUSE,

Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp

Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Collier Colwell Dean, J. E. Drury Egan

Ezzard Gary Lewis Matthews, D. R. Phillips, G. S.

Smith, V. T. Townsend Mr. Speaker

On the passage of the Bill, the ayes were 182, nays 0.

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

HB 97. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teacher's Retirement System, so as to provide that in the case of retirement of any member of the Teacher's Retirement System prior to his attaining the age of 62 years the service allowance shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 98. By Messrs. Farrar of the 77th and Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing a Teachers' Retirement System, so as delete the requirement that a member obtain advance approval from the Board of Trustees in the event he desires to pursue full-time study which will require a break of service of more than two years; and for other purposes.

TUESDAY, FEBRUARY 9, 1971

483

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheek Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty

Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Ham Hamilton Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R.

Jordan Keyton King Knight Knowles Kreeger Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten

484
Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem

JOURNAL OF THE HOUSE,

Savage
Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Sorrells Stephens Strickland
Sweat Thomason Thompson Toles

Triplett
Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood

Those not voting were Messrs.:

Blackshear Collier Colwell Dean, J. E. Drury Egan Ezzard

Griffin Harrington Howell Lambert Lewis Lowrey Phillips, G. S.

Pickard Reaves Smith, V. T. Snow Townsend Mr. Speaker

On the passage of the Bill, the ayes were 175, nays 0.

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

HB 102. By Messrs. Farrar of the 77th and Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State sup ported schools, as amended, so as to amend subsection (5) of Section 1 by changing the names of the "Georgia Education Association" to the "Georgia Association of Educators"; 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 9, 1971

485

HB 103. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, as amended, so as to change the minimum and maximum rates of regular interest for use in all calculations required in connection with the Teachers' Retirement System; to repeal conflict ing 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole

Collins, M. Collins, S. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dorminy Drury Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Greer Griffin Gunter Hadaway Ham Harrington Harris

Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Le vitas Logan Longino Lowrey Marcus

486
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Odom

JOURNAL OF THE HOUSE,

Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims

Smith, H. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. G. D. Coney.

Those not voting were Messrs.:

Atherton Blackshear Collier Colwell Dean, J. E. Dean, N. Egan Ezzard

Gary Grantham Hamilton Housley Johnson Lee, W. J. (Bill) Lewis Northcutt

Phillips, G. S. Pickard Pinkston Savage Smith, J. R. Smith, V. T. Townsend Mr. Speaker

On the passage of the Bill, the ayes were 170, nays 1.

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

HB 104. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, as amended, so as to provide that any teacher who is an active member of the Teacher's Retirement System shall be entitled to receive credit for teaching serv ice in other state school systems, state supported independent school systems or American dependents schools; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 9, 1971

487

The report 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 263. By Messrs. Gaynor of the 88th, Longino of the 98th, Shanahan of the 8th and Pinkston of the 81st:
A Bill to be entitled an Act to relieve national banking associations, State banks and trust companies with capital and surplus of $200,000 or more from furnishing security or sureties on bonds executed as administrators, executors or guardians; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to relieve national banking associations, State banks and trust companies with capital and surplus of $400,000 or more from furnishing security or sureties on bonds executed as administrators, executors or guardians unless the instrument under which it qualifies provides that it shall give bond; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. In every case where a national banking association or ganized under the laws of the United States, or a bank or trust com pany organized under the laws of Georgia shall qualify as adminis trator of the estate of a decedent, or as executor of any will probated in this State, or as guardian of the person or property of any minor or incompetent, and shall be required by any statute of this State, or by the ordinary of any county, or the judge of any court of competent jurisdiction to give bond for the faithful performance of its duties in such fiduciary capacity, such national bank, State bank or trust company shall not be required to furnish security or sureties upon such bond unless its combined capital and surplus shall be less than four hundred thousand dollars ($400,000.00) or unless the instrument under which it qualifies provides that it shall give bond. The last statement filed by such bank or trust company with the Comptroller of the Cur rency of the United States or the Superintendent of Banks of Georgia shall be controlling.

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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 106, nays 6.

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

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary for further study:

HB 66. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to authorize the District Attorneys of Georgia, upon approval by their Superior Court Judges to grant im munity from prosecution in certain criminal proceedings; and for other purposes.

The following Resolution of the House was read:

HR 146. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Berry of the 85th, Dean of the 19th and many others:
A RESOLUTION
Urging the legislatures of other states to adopt a Resolution di rected to the signatories of the last Geneva Convention; and for other purposes.
WHEREAS, the General Assembly of Georgia has unanimously adopted a Resolution urging the signatories of the last Geneva Con vention to insist that the Government of North Vietnam, as a signatory of said Convention, live up to the rules concerning the treatment of prisoners of war of the last Geneva Convention; and
WHEREAS, the members of this body believe that the combined efforts of all of the state legislatures to spotlight the inhumane treat ment of prisoners of war by the Government of North Vietnam may prompt the other signatories of the last Geneva Convention to prevail

TUESDAY, FEBRUARY 9, 1971

489

upon the Government of North Vietnam to abide by the rules of the Geneva Convention.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urge the legis latures of the other 49 states to adopt a Resolution directed to the signatories of the last Geneva Convention urging them to demand that the Government of North Vietnam, as a signatory of said Con vention, live up to its commitments concerning the treatment of prison ers of war.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to the Speaker of the House of Representatives and the President of the Senate of the legislatures of the other 49 states.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks

Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat

Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton

490
King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. E. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller

JOURNAL OF THE HOUSE,

Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinks ton Poole Potts Rainey Reaves Roach Ross Russell, H. P. Russell, W. B. Salem Savage

Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Collier Colwell

Cook Dean, J. E. Lambert Lewis Phillips, G. S.

Pickard Rush Russell, A. B. Smith, V. T. Mr. Speaker

On the adoption of the Resolution, the ayes were 180, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read:

HR 147. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Berry of the 85th, Dean of the 19th and many others:

TUESDAY, FEBRUARY 9, 1971

491

A RESOLUTION

Urging the signatories of the last Geneva Convention to exert their influence in an effort to persuade the Government of North Vietnam to live up to the rules of the last Geneva Convention concerning prison ers of war; and for other purposes.

WHEREAS, the signatories of the last Geneva Convention estab lished a common brotherhood to insure humane treatment of prisoners of war; and

WHEREAS, there are more than 1,600 American servicemen classi fied by the United States Government as prisoners of war or missing in action in Southeast Asia; and

WHEREAS, the Government of North Vietnam is violating every rule adopted by the signatories at the last Geneva Convention concern ing the prisoners of war; and

WHEREAS, no nation should be allowed to ignore or disobey the rules of the last Geneva Convention because if such conduct can oc cur against the prisoners of war of one of the signatories, it can happen to the prisoners of war of any of the other signatories; and

WHEREAS, it behooves all of the signatories of the last Geneva Convention to become intermediaries between the United States Govern ment and the Government of North Vietnam in a united effort to as sure that the Government of North Vietnam complies with the rules of the last Geneva Convention; and

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urge the signa tories of the last Geneva Convention to exert their influence to persuade the Government of North Vietnam to meet the following minimal conditions:

1. Release sick and injured POW's immediately.

2. Treat prisoners of war more humanely.

3. Establish better communications between prisoners of war and their families.

4. Allow international inspection of prisoner of war camps.

5. Release a complete and bona fide roster of prisoners of war and the names of prisoners of war who have died.

6. Allow prisoners of war to receive mail and packages from home on a regular basis.

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JOURNAL OP THE HOUSE,

7. Establish a policy whereby future prisoners of war may be properly repatriated through existing organizations such as the Red Cross.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to the Chief Executive of all of the countries which adopted the rules of the last Geneva Convention, the President of the United States, the President of the United States Sen ate, the Speaker of the United States House of Representatives, the Secretary of Defense and the Speaker of the House and President of the Senate of the legislatures of each of the other 49 states.

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, G. D. Adams, John Adams, Marvin
Alexander, W. H. Alexander, W. M. Alien Atherton
Battle Bell
Bennett, J. T. Bennett, Tom Berry
Black Bohannon
Bostick Bowen Brantley, H. L. Bray
Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks
Cole Collins, M. Collins, S.
Coney, G. D. Coney, J. L. Conger

Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib
Dean, N. Dent
Dixon Dorminy
Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl
Granade Grantham
Greer Griffin Gunter
Hadaway Ham Hamilton Harrington
Harris

Harrison Hawes Hill, G. Hood Horton
Housley Howard Howell Hudson, C. M. Hudson, Ten Hutchinson Isenberg Jessup Johnson
Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Mason
Matthews, C.

TUESDAY, FEBRUARY 9, 1971

493

Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson

Patten Pearce Peters Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Rush Russell, H. P. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Snow Sorrells

Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Blackshear Bond Brantley, H. H. Brown, B. D. Clements Collier Colwell Dean, J. E. Farrar

Hays Hill, B. L. Keyton Lambert Lewis McCracken McDaniell Odom Phillips, G. S. Phillips, W. R.

Pickard Ross Russell, A. B. Russell, W. B. Shanahan Smith, J. R. Smith, V. T. Thomason Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read:

HR 148. By Mrs. Merritt of the 46th and Mr. Oxford of the 46th:
A RESOLUTION
Electing Mr. William F. Blanks of Macon County as a member of the "State Election Board"; and for other purposes.

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BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that pursuant to Code Section 34-201 (a) of the "Georgia Election Code", Mr. William F. Blanks of Macon County, is hereby elected by the House of Representatives as a member of the "State Election Board".

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Reso lution to the Governor, to the Secretary of State and to Mr. Blanks.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom
Berry Black Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee
Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook

Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Fraser Gary Gaynor Gei singer Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin

Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Poole Potts

TUESDAY, FEBRUARY 9, 1971

495

Rainey Reaves Roach Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells

Stephens Strickland Sweat Toles Townsend Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Bond Bowen Brown, B. D. Collier Colwell Dean, J. E. Dean, N. Farrar

Floyd, L. R. Greer Hill, B. L. Jones, J. R. Lane, W. J. Levitas Lewis Mason Merritt

Phillips, G. S. Pinkston Russell, A. B. Russell, W. B. Smith, V. T. Thomason Thompson Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 168, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House were read and adopted:

HR 149. By Messrs. Miller of the 83rd, Brown, Evans, Bennett and Scar borough of the 81st and Coney of the 82nd:
A RESOLUTION
Wishing the Honorable Frank Pinkston a very Happy Birthday; and for other highly suspicious purposes.
WHEREAS, due to a combination of events beyond the control of this Body, the Honorable Frank Pinkston was born 48 years ago on this date, February 9; and

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WHEREAS, known as "Pinky" to his friends and enemies, the Honorable Prank Pinkston has come a long way since he was born . . . he is now an attorney and assistant vice president of the Trust De partment of Macon C & S (ol' Choke 'em and Squeeze 'em) Bank; and

WHEREAS, it is only fitting and proper that this Body wish the Honorable Frank Pinkston a very Happy Birthday and many happy returns (maybe he'll return home).

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby wishes the Honorable Frank Pinkston a very Happy Birthday and many happy returns.

BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Honorable Frank Pinkston.

HR 150. By Messrs. Felton of the 95th, Collins of the 62nd, Phillips of the 50th, Longino of the 98th and many others:
A RESOLUTION
Extending an invitation to Honorable Robert C. (Bobby) Pafford to address the House of Representatives; and for other purposes.
WHEREAS, Honorable Robert C. (Bobby) Pafford, former mem ber of the House of Representatives, is now serving as a member of the Public Service Commission, having been overwhelmingly elected to that office in 1970; and
WHEREAS, his former colleagues have felt a definite void in the House of Representatives due to the absence of the "Lanier Lamenter"; and
WHEREAS, he is the foremost exponent of the "Old Crocodile Tears Trick", and the members of this Body have a yearning once again to hear this dulcet tones reverberating through the Chamber and see the handkerchief knitted by Grandma Pafford come forth again to dab his tear-stained eyes; and
WHEREAS, it is only fitting and proper that the members of this Body hear from their distinguished former cohort.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a most cordial invitation is hereby ex tended to Honorable Robert C. (Bobby) Pafford, Public Service Com missioner, to address the House of Representatives at such time as shall be agreed upon by the Speaker and Commissioner Pafford.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Commissioner Pafford.

TUESDAY, FEBRUARY 9, 1971

497

HR 151. By Messrs. Smith of the 43rd, Connell and Dent of the 79th, Miles and Mulherin of the 87th and Smith and Sherman of the 80th:

A RESOLUTION

Commending Dr. George Lombard Kelly; and for other purposes.

WHEREAS, Dr. George Lombard Kelly has served the State of Georgia with unusual distinction as a medical doctor, scholar, scientist, medical diplomat and courageous innovator; and

WHEREAS, he attended the University of Georgia and was a graduate from the Medical College of Georgia in 1924; and

WHEREAS, he has provided many years of dedicated leadership to the Medical College of Georgia, having served as its professor of anatomy, dean and president over a period of many years; and

WHEREAS, at the time he became head of the Medical College of Georgia, the College had lost its accreditation and was about to be moved from Augusta; and

WHEREAS, his faith, courage, and endurance to overcome ob stacles enabled him to restore the school's Class A rating and to re build the College into one of the leading medical colleges in the country; and

WHEREAS, Dr. Kelly has by his integrity and wisdom helped to establish a climate in which the medical profession of Georgia can continue to progress for years to come.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Dr. George Lombard Kelly for a lifetime of excellence in service to the citizens of this 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 Dr. George Lombard Kelly.

HR 152. By Mr. Mullinax of the 30th:
A RESOLUTION
Expressing appreciation to the commercial broadcasting industry for the coverage of the funeral of Georgia's late Senator Richard B. Russell; and for other purposes.
WHEREAS, the commercial broadcasting industry rendered an outstanding service to the people of Georgia in the excellent and digni fied coverage of the funeral of the late Senator Richard B. Russell; and

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JOURNAL OF THE HOUSE,

WHEREAS, when inclement weather forced the three aircraft carrying dignitaries to said funeral to land in Charleston, South Carolina, the broadcasting industry demonstrated remarkable dedication and technical ability in arranging a live broadcast of the eulogies to Senator Russell delivered by said dignitaries; and

WHEREAS, many members of the broadcasting media participated in the coverage of said funeral which was coordinated by Mr. J. Leonard Reinsch, President of Cox Broadcasting Corporation; and

WHEREAS, the facilities of Southern Bell Telephone and Tele graph Company, General Telephone Company of the Southeast, WSB Radio-TV of Atlanta and WCSC-TV of Charleston, South Carolina were essential to media coverage of said funeral and the cooperation and technical assistance provided by said companies were outstanding; and

WHEREAS, the entire media coverage of this sad event in Georgia's history from the initial announcement of Senator Russell's death until his interment was carried out in very good taste and with the respect the occasion demanded; and

WHEREAS, said media coverage provided a splendid example of how the commercial broadcasting industry in cooperation with the pub lic utilities stands ready to serve the public interest when called upon to do so.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby express their sincere appreciation to the commercial broadcasting indus try for outstanding public service in the coverage of the funeral of Georgia's late Senator Richard B. Russell.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. J. Leonard Reinsch, President, Cox Broadcasting Corporation; Mr. Jasper Dorsey, Executive Vice Presi dent, Southern Bell Telephone and Telegraph Company; Mr. Edward H. Jared, General Manager, Georgia Division, General Telephone Company of the Southeast; Mr. John Rivers, General Manager, WCSC-TV, Char leston, South Carolina; Mr. Don E. Heald, President, Georgia Associa tion of Broadcasters; Mr. Vincent T. Wasilewski, President, National Association of Broadcasters and to Mr. Dean Burch, Chairman, Federal Communications Commission.

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

TUESDAY, FEBRUARY 9, 1971

499

HR 153. By Messrs. Dean of the 76th, Farrar of the 77th, Noble of the 73rd and Westlake of the 75th:

A RESOLUTION

Creating the Illiteracy Study Committee; and for other purposes.

WHEREAS, the State of Georgia still has the highest school drop out rate in the country which contributes toward a continuation of a high level of illiteracy; and

WHEREAS, the Governor, in his inaugural address, committed him self to ridding illiteracy in the State; and
WHEREAS, the relatively high level of illiteracy in Georgia causes many social and economic problems; and

WHEREAS, the population continues to shift from rural to urban areas, and many of the people coming to the urban areas are functional illiterates who are not able to find gainful employment or successfully adjust to the pressures of urban life; and

WHEREAS, there is a need for the State of Georgia to make a special effort to develop programs and innovative techniques toward solving illiteracy; and
WHEREAS, these factors contribute to the many problems that beset the urban areas of our State and particularly the core cities of these urban areas; and
WHEREAS, a thorough study should be made of the causes of illiteracy; and
WHEREAS, methods should also be found to help those members of our society who are seriously handicapped by being functionally il literate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Illiteracy Study Committee to be composed of 10 members of the House of Representa tives to be appointed by the Speaker of the House. Said Committee shall make a thorough study of all matters relating to the problem of illiteracy. All departments and agencies of the State government shall assist the Committee in completing its study, and private organizations and political subdivisions are hereby requested and urged to cooperate with the Committee by supplying information and other assistance which the Committee may request in carrying out the purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the Commit tee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the Com mittee to effectively carry out its duties and responsibilities under this Resolution. Each member of the Committee shall be authorized to re ceive the expenses and allowances provided by law for members of legis lative interim committees for service on the Committee. Any funds nee-

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essary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1972, on which date the Committee shall stand abolished. Such report may be accompanied by any proposed legislation that may be recommended by the Committee.

Mr. Melton of the 32nd 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.

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501

Representative Hall, Atlanta, Georgia Wednesday, February 10, 1971

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 Thy eternal promise to stretch out Thy everlasting arms to be our protection, our dwelling place, our refuge and our security amid the storms of life.
We know, Father, that Thou art aware of the clouds of increasing administrative responsibilities which fall upon this body of law-makers. Thou art conscious of the crisis of inflation in our State. Thou are in formed of the growth of crime in every large city and each small hamlet.
We praise Thee, 0 living Christ, for being an all-knowing God wide awake to our conditions and our needs.
On this day we thank Thee for the privilege of prayer in our As sembly. Help us to realize that prayer is noble, that prayer is profitable and that prayer is essential and vital to good government.
From this moment on, help all of us recognize how absolutely de pendent we are upon Thee for Thy guidance.
Lead us through hopeless deadlocks and moments when we are di vided on our thoughts. In moments when impatience begins to flare, constrain us with this thought: "In everything, by prayer and suppli cation, with thanksgiving, let your request be made known unto God" (Phil. 4:6).
Thou who created us as a nation and blessed us with our State government, we give Thee thanks in Christ's name. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton
Barfield

Battle Bell Bennett, J. T. Bennett, Tom Berry
Black Blackshear
Bohannon

Bond Bostick Bowen Brantley, H. H. Brantley, H. L.
Bray Brown, B. D.
Brown, C.

502
Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell
Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.
Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E.
Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans
Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger
Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison
Hawes

JOURNAL OF THE HOUSE,

Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M.
Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. K. Jordan
Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken
McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax
Murphy

Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts
Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage
Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Snow Sorrells Stephens Strickland Sweat Thompson Toles Townsend
Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson
Wood

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503

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

HB 400. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Douglas, so as to extend the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 401. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to provide the procedures which govern the con test of elections and primaries in said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HR 137-401. By Messrs. Nunn and Moyer of the 41st:
A Resolution compensating Mr. D. N. Zoumberis; and for other pur poses.
Referred to the Committee on Appropriations.

HB 403. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said Court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 404. By Mr. Davis of the 86th:
A Bill to be entitled an Act to amend an Act prohibiting the manufac ture, sale, possession and discharge of fireworks, so as to delete the provisions added by said amendatory Act which permit the manufac ture, sale, possession, storage and distribution of certain fireworks under certain conditions; and for other purposes.
Referred to the Committee on Industry.
HB 405. By Messrs. Brown of the 32nd, Marcus of the 105th, Mullinax of the 30th, Melton of the 32nd, Howell of the 60th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that effective July 1, 1972, whenever any local unit of education shall determine that it will need one or more school bus bodies for the coming school year the local unit shall report its requirement to the State Board of Edu cation which shall compile requirements from all boards of education and submit them to the State Supervisor of Purchases; and for other purposes.
Referred to the Committee on Education.

HB 406. By Messrs. Brown of the 32nd, Marcus of the 105th, Mullinax of the 30th, Howell of the 60th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that effective July 1, 1972, whenever any local unit of education shall determine

WEDNESDAY, FEBRUARY 10, 1971

505

that it will need one or more school bus chassis it shall report its re quirements to the State Board of Education, who shall in turn compile all such requirements and present them to the State Supervisor of Purchases; and for other purposes.
Referred to the Committee on Education.

HB 407. By Messrs. Brown of the 32nd, Marcus of the 105th, Westlake of the 75th, Melton of the 32nd, Mullinax of the 30th, Busbee of the 61st and Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act authorizing and requir ing the various school boards of the counties, cities and independent school systems employing school buses to cause policies of insurance to be issued on said school buses, so as to provide that the various boards of education of the counties, municipalities and independent school systems shall obtain insurance for their school buses; and for other purposes.
Referred to the Committee on Education.

HB 408. By Messrs. Pinkston, Brown, Bennett, Evans and Scarborough of the 81st, Miller of the 83rd, Coney of the 82nd:
A Bill to be entitled an Act to amend an Act creating the Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County, so as to extend the period of time in which the Commission may function; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 409. By Messrs. Hadaway of the 27th, Hudson of the 28th, Busbee of the 61st, Edwards of the 45th, Roach of the 10th, Knowles of the 22nd, Dailey of the 53rd and Felton of the 95th:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to preparation for and conduct of primaries and elections, so as to provide that whenever any candidate for party nomination is unopposed, his name shall appear on the primary ballot but the votes cast for him shall not be counted; and for other purposes.
Referred to the Committee on State of Republic.

HB 410. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county of this State, so as to change the minimum and maximum population figures; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 411. By Messrs. Hill of the 94th, Brown of the 110th, Bond of the lllth, Horton of the 95th and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility, so as to redefine the term "employee" so as to include domestic employees ; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 412. By Messrs. Hill of the 94th, Bond of the lllth, Brown of the 110th and Horton of the 95th:
A Bill to be entitled an Act to amend an Act establishing a minimum wage for certain employees within the State of Georgia, so as to provide that domestic employees shall be covered; and for other pur poses.
Referred to the Committee on Industrial Relations.

HB 413. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act changing the method and manner of electing the members to the Board of Education of Houston County, so as to provide a procedure whereby the compensation of the members of the board may be changed; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 414. By Messrs. Miller of the 83rd, Pinkston, Brown, Evans and Bennett of the 81st, Coney of the 82nd:
A Bill to be entitled an Act to amend Section 57 of an Act approved August 27, 1972, incorporating the City of Macon, so as to provide that notwithstanding any provision of said Section, the City shall have the power and authority to transfer and convey by quitclaim to the State of Georgia a certain described portion of Central City Park; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 415. 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.
Referred to the Committee on Industry.

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507

HB 416. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new Board of Education of Newton County, so as to change the provisions relative to the election of the members of the Board of Education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 417. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Newton County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 418. By Mr. Morgan 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 a salary, so as to change the compensation of the clerk of the Superior Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 419. By Mr. Morgan 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 compensation, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 420. By Mr. Morgan of the 23rd: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner, so as to change the salary of the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 421. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code," so as to provide certain definitions; to require

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those who desire to hold or promote by advertising or otherwise a mass gathering within the State likely to attract 5,000 people or more for 12 hours or more to obtain a permit from the Department of Public Health; and for other purposes.
Referred to the Committee on Industry.

HB 422. By Messrs. Nunn of the 41st, Pinkston of the 81st and Knowles of the 22nd:
A Bill to be entitled an Act to amend Code Section 59-7 of the Code of Georgia, relating to juries, so as to authorize the judge, in his discretion, to allow the dispersion of the jury during the trial of criminal and civil cases; and for other purposes.
Referred to the Committee on Judiciary.

HB 423. By Messrs. Nunn of the 41st and Pinkston of the 81st:
A Bill to be entitled an Act to amend Code Section 27-2101, relating to separate trials of persons jointly indicted, competency of defendants separately tried to testify, and order of trial in case of severancy, so as to provide that when two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be tried separately, unless the State shall waive the death penalty; and for other purposes.
Referred to the Committee on Judiciary.

HB 424. By Messrs. Nunn of the 41st, Pinkston of the 81st, Knowles of the 22nd and Levitas of the 77th:
A Bill to be entitled an Act to amend Code Chapter 59-7, relating to petit jurors for the trial of civil and criminal cases, so as to reduce the number of jurors for the trials of misdemeanors in courts other than superior courts; and for other purposes.
Referred to the Committee on Judiciary.

HB 425. By Messrs. Nunn of the 41st, Pinkston of the 81st and Knowles of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 59-8, relating to juries in felony trials, so as to reduce the number of jurors impaneled for the trial of felonies; and for other purposes.
Referred to the Committee on Judiciary.

HR 138-425. By Mr. Smith of the 43rd:
A Resolution compensating the Rev. Inman Gerald; and for other pur poses.
Referred to the Committee on Appropriations.

WEDNESDAY, FEBRUARY 10, 1971

509

HR 139-425. By Mr. Patterson of the 20th:
A Resolution compensating Lillian Louise Couch; and for other pur poses.
Referred to the Committee on Appropriations.

HR 140-425. By Mr. Kreeger of the 117th: A Resolution compensating Mrs. J. A. Aquirre; and for other purposes.
Referred to the Committee on Appropriations.

HR 141-425. By Mr. Morgan of the 23rd:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment, administration and maintenance of sewerage, water, sanitation, garbage collection, landfill and fire pro tection districts in Newton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 142-425. By Mr. Morgan of the 23rd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unin corporated areas of Newton County and collect excise taxes in con nection with any activity at any racetrack in any area of Newton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 143-425. By Messrs. Odom and Lee of the 61st, Bennett of the 71st and Jordan of the 74th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the State Board of Education may establish, merge and con solidate school districts, upon approval of the General Assembly; and for other purposes.
Referred to the Committee on Education.

HR 144-425. By Messrs. Nunn of the 41st, Pinkston of the 81st, Knowles of the 22nd and Levitas of the 77th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide that a jury of less than twelve may try misdemeanor cases in the superior courts; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 426. By Mr. Conger of the 68th:
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 provisions of said Code Section shall not affect the validity of certain contracts; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 427. 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, shall be designated as an unsafe railroad crossing; and for other purposes.
Referred to the Committee on Highways.

HB 428. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to provide that the Board of Commis sioners of Jefferson County may supplement the compensation presently received by the Ordinary of Jefferson County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 429. By Messrs. Jordan and Vaughn of the 74th, Farrar, Russell, Thomason adn Levitas of the 77th, Collins and Geisinger of the 72nd, Granade and Floyd of the 75th, and Bell of the 73rd:
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.

HB 430. By Messrs. Greer of the 95th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to change the provisions relative to the exercise of the power of eminent domain; to provide a certain option for owners of real property in an urban redevelopment area; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 431. By Messrs. Miller of the 83rd, Scarborough and Bennett of the 81st:
A Bill to be entitled an Act to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide

WEDNESDAY, FEBRUARY 10, 1971

511

that whenever any group or blanket accident and sickness insurance policy or contract or certificate provides for reimbursement for any service which is within the lawful scope, any person covered by such policy or contract shall be entitled to reimbursement for services whether rendered by a physician or psychologist; and for other pur poses.
Referred to the Committee on Insurance.

HR 145-431. By Messrs. Savage of the 104th, Granade and Floyd of the 75th, Egan of the 116th, Wilson of the 117th, Alexander of the 96th, Stephens of the 103rd, Geisinger of the 72nd and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the proceeds of any particular tax or fund or a part or percentage thereof may be allocated for particular purposes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 433. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 434. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Chapter 24-19, relating to the jurisdiction of the Court of Ordinary, so as to provide for the appointment of temporary guardians; and for other purposes.
Referred to the Committee on Judiciary.

HB 435. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to amend an Act known as the "Develop ment Authorities Law", so as to include in the definition of the word "project" the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities; and for other purposes.
Referred to the Committee on Industry.

HB 436. By Mr. Gunter of the 6th: A Bill to be entitled an Act to amend Chapter 26-18, Theft, of the

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Criminal Code of Georgia, so as to prohibit and penalize persons bring ing stolen property into this State; and for other purposes.
Referred to the Committee on Judiciary.

HB 437. By Messrs. Scarborough, Bennett and Brown of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act establishing the board of public education and orphanage for Bibb County, so as to change the number of members of the board; to change the method of selection of the members of the board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 438. By Messrs. Carter of the 64th, Dixon of the 65th, Bostick of the 63rd, Bennett of the 71st, Bowen of the 47th, Salem of the 51st, Hadaway of the 27th, Hudson of the 48th, and others:
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 fix the yearly opening date of the Georgia Flue-Cured Tobacco Auction Market; and for other purposes.
Referred to the Committee on Agriculture.

HB 439. By Messrs. Mullinax of the 30th, and Bray of the 31st:
A Bill to be entitled an Act to provide for the control of cigarette advertising and for requirements relative thereto; and for other pur poses.
Referred to the Committee on Industry.

HB 440. By Messrs. Snow of the 1st, Gunter of the 6th, McCracken of the 36th, Russell of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the qualifications of persons eligible for appointment as assistant district attorneys in said circuits; and for other purposes.
Referred to the Committee on Judiciary.

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

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513

HB 332. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of the compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, by changing the salary provisions therein; and for other purposes.

HB 333. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Peach County upon an annual salary in lieu of the fee system of compensation, so as to delete the requirement that the ordinary serve as the clerk of the board of commissioners of Peach County; and for other purposes.

HB 334. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Peach County, so as to delete the requirement that the ordinary of Peach County shall be clerk of the board of commissioners; and for other purposes.

HB 335. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to authorize the governing authority of Peach County to levy a license tax upon any organization, trade or business and to license and regulate and control same; and for other purposes.

HR 127-335. By Mr. Grahl of the 40th:
A Resolution proposing an amendment to the Constitution so as to authorize any county to exercise the power of taxation for the purpose of enacting reasonable ordinances for the regulation of an organiza tion, trade or business carried on within the county within or without the geographical limits of any municipality and to license and to levy a license tax on same; and for other purposes.

HB 336. By Mr. Lane of the 101st:
A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.

HB 337. By Messrs. Collins and Geisinger of the 72nd, Floyd, Davis, Westlake and Granade of the 75th, Bell and Noble of the 73rd and others:
A Bill to be entitled an Act to amend Code Section 34A-501, relating to elector's qualifications; and for other purposes.

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HB 338. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County to levy and collect a tax on mobile home rental units and mobile home sites located within said county; and for other purposes.

HB 339. By Messrs. Pickard, Pearce and Buck of the 84th, Berry of the 85th, King and Davis of the 86th:
A Bill to be entitled an Act to amend an Act creating the Muscogee County School District, so as to provide that no member of the Mus cogee Board of Education shall be eligible for reappointment after such member has served two consecutive full terms on said Board; and for other purposes.
HB 340. By Messrs. Rainey of the 47th, Peters of the 2nd, Housley of the 117th, Adams of the 100th and Hayes of the 1st:
A Bill to be entitled an Act to amend an Act completely and exhaus tively revising, superseding and consolidating the laws of the State Game and Pish Commission, so as to change the fees prescribed for certain hunting and fishing licenses; and for other purposes.

HB 341. By Messrs. Evans, Bennett, Brown, Pinkston and Scarborough of the 81st, Coney of the 82nd and Miller of the 83rd and others: A Bill to be entitled an Act to repeal Code Section 114-403, relating to the right of subrogation; and for other purposes.
HB 342. By Messrs. Smith and Sherman of the 80th, Miles, Cheeks and Mulherin of the 78th, McCracken of the 36th, Matthews of the 63rd and others:
A Bill to be entitled an Act to amend Code Section 114-406, relating to compensation for injuries, so as to change the maximum period for which compensation shall be paid; and for other purposes.

HB 343. By Mr. Vaughn of the 74th:
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 provide that gross sales shall not include the tax imposed by Chapter 92-14 of the Code of Georgia of 1933, known as the "Motor Fuel Tax Law", and for other purposes.

HB 344. By Messrs. Brown of the 110th, Felton of the 95th, Alexander of the 108th, Horton of the 95th and Hill of the 94th:
A Bill to be entitled an Act to amend Code Section 34-1304, relating to

WEDNESDAY, FEBRUARY 10, 1971

515

the time for opening and closing polls, so as to provide that the polls shall remain open until 9:00 p.m. at which time they shall be closed; and for other purposes.

HB 345. By Messrs. Felton, Cook, Greer, Hawes and Horton of the 95th, Alex ander of the 108th, Larsen of the 113th, Hill of the 97th and others:
A Bill to be entitled an Act to add four additional judges of the Supe rior Court for the Atlanta Judicial Circuit; and for other purposes.

HB 346. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Cobbtown in the County of Tattnall, so as to change the corporate limits of said City; and for other purposes.
HB 347. By Messrs. Pickard and Pearce of the 84th and Berry of the 85th:
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 dealers in junk or metals; and for other purposes.

HB 348. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to create and establish an Airport Au thority for the City of Calhoun and Gordon County, and to authorize such Authority to acquire and maintain all necessary property apper taining to such undertaking; and for other purposes.

HB 349. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to change the compensation of the deputy sheriffs in certain counties; and for other purposes.

HB 350. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act placing the sheriff, ordi nary and clerk of the superior court of Wilkes County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.

HB 351. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to redefine the city limits of the City of Lyons; and for other purposes.

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HB 352. By Mr. Harrington of the 34th:
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.

HB 353. By Messrs. Moore and Gunter of the 6th: A Bill to be entitled an Act to amend an Act establishing the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
HB 354. 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, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.

HB 355. By Messrs. Moore and Gunter of the 6th: A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Stephens County, so as to change the provisions relative to the compensation of said clerk; and for other purposes.
HB 356. By Messrs. Moore and Gunter of the 6th: A Bill to be entitled an Act to amend an Act placing the ordinary of Stephens County on an annual salary, so as to change the provisions relative to the compensation of the ordinary; and for other purposes.

HB 357. By Messrs. Harrington and Chandler of the 34th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Wilkinson County on an annual salary in lieu of the fee system of compensation, so as to authorize the governing authority to furnish the sheriff with such automobiles as may be required for him to adequately perform the official duties of his office; and for other purposes.
HB 358. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, so as to abolish the office of special investi gator; and for other purposes.

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517

HB 359. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to abolish the office of treasurer of Clarke County; to provide that the board of commissioners shall appoint depo sitories for county funds; and for other purposes.

HB 360. By Messrs. Smith of the 3rd and Brown of the 32nd: A Bill to be entitled an Act to provide for the authentication and admissibility of medical records or copies thereof for use as evidence; and for other purposes.
HR 128-360. By Messrs. Westlake, Granade, Davis and Floyd of the 75th: A Resolution compensating Frank G. Miller; and for other purposes.
HR 129-360. By Mr. Wood of the llth: A Resolution compensating Mr. Eugene McClung Graves; and for other purposes.

HR 130-360. By Messrs. Brown and Melton of the 32nd:
A Resolution proposing an amendment to the Constitution so as to authorize an increase in retirement benefits of retired employees of the City of Griffin; and for other purposes.

HR 131-360. By Messrs. Brown and Melton of the 32nd: A Resolution compensating Mrs. Lillie S. Ard; and for other purposes.

HR 132-360. By Mr. Hill of the 97th: A Resolution compensating Louis Cavalli; and for other purposes.

HR 133-360. By Messrs. Smith, Cole and Turner of the 3rd, Smith of the 43rd, Gary, Lee and Northcutt of the 21st, Dean of the 19th, Maxwell of the 17th, Carr of the 35th and Peters of the 2nd:
A Resolution relative to grants to municipalities; and for other pur poses.

HB 361. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to create the Georgia State Board of Physical Therapy; and for other purposes.

518

JOURNAL OP THE HOUSE,

HB 362. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner, so as to change the compensation of the Tax Com missioner; and for other purposes.

HB 363. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis, so as to change the compensation of the Sheriff of Bartow County; and for other purposes.
HB 364. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Bartow County, so as to change the compensation of the Commissioner of Bartow County; and for other purposes.
HB 365. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis, so as to change the compensation of the Clerk of the Superior Court; and for other purposes.
HB 366. By Messrs. Harris, Poole and Roach of the 10th: A Bill to be entitled an Act to amend an Act placing the compensa tion of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis, and the Ordinary of Bartow County on a salary basis, so as to change the compensation of the Ordinary; and for other purposes.

HB 367. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to designate as depositories for public and trust funds the treasury in counties of Georgia having a popula tion of not less than 32,350 nor more than 32,700; to authorize the various county officers and officers of court to deposit in the treasury any funds in their custody not required for immediate disbursement; and for other purposes.

HB 368. By Messrs. Battle of the 90th, Dorminy of the 48th, Edwards of the 45th, Hadaway of the 27th, Poole of the 10th, Phillips of the 50th, Gignilliat of the 89th, Phillips of the 38th, Jones of the 87th and Adams of the 39th:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to provide a procedure whereby the

WEDNESDAY, FEBRUARY 10, 1971

519

Water Quality Control Board may obtain an order of court for the enforcement of its orders; and for other purposes.

HB 369. By Messrs. Battle of the 90th, Dorminy of the 48th, Edwards of the 45th, Hadaway of the 27th, Poole of the 10th, Phillips of the 50th, Gignilliat of the 89th, Phillips of the 38th, Jones of the 87th and Adams of the 39th:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to authorize the Board to institute proceedings of mandamus to enforce the provisions of this Act; and for other purposes.

HB 370. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for licensing ambulance serv ices; and for other purposes.

HB 371. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to provide for the necessary consents for the treatment of minors for drug abuse; and for other purposes.

HB 372. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend an Act providing for the control and operation of clinical laboratories, so as to include blood banks and tissue banks within the present definition of clinical laboratory; and for other purposes.

HB 373. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide mental health diagnostic and treatment services and home health care services for the acutely or chronically ill and for the aged; and for other purposes.
HB 374. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Section 88-502.15, relating to notice of actions to be taken in regard to mentally ill persons, as to delete the requirement that notice by mail be by registered or certified mail, and to provide for the recording of the date and hour of mailing of said mail; and for other purposes.

520

JOURNAL OF THE HOUSE,

HB 375. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide an additional procedure where by a person who appears to be mentally ill and likely to injure him self or others may be taken into custody by any peace officer upon an order issued from the ordinary and delivered forthwith to the nearest available emergency receiving facility; and for other purposes.

HB 376. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to provide for the necessary consents for the treatment of minors for venereal disease; and for other pur poses.

HB 377. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to provide certain exclusions from the implied warranty of merchantability and the implied warranty of fitness for a particular purpose; and for other purposes.

HB 378. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Chapter 88-3 relating to enforcement and administrative procedure, so as to provide the appel late procedure to be followed by any person aggrieved or adversely affected by any final order or action of any county board of health or the Department of Public Health; and for other purposes.

HB 379. By Messrs. Vaughn of the 74th and Wood of the llth:
A Bill to be entitled an Act to provide for retained amounts on road construction contracts; to provide an alternate escrow procedure for retained amounts on road construction contracts; and for other pur poses.

HB 380. By Mr. Eussell of the 14th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Oconee County on a salary basis, so as to change the salary of the sheriff; and for other purposes.

WEDNESDAY, FEBRUARY 10, 1971

521

HB 381. By Messrs. Kreeger, Howard, Housley, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to add one additional judge of the Supe rior Court of Cob Judicial Circuit; and for other purposes.

HB 382. By Messrs. Peters of the 2nd, Snow, Clements and Hays of the 1st and Hudson of the 48th:
A Bill to be entitled an Act to provide that no person, firm or cor poration shall transport, on a continuing basis, garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, unless permission is first obtained from the governing authority of the county in which the dump is located; and for other purposes.

HB 383. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Burke County upon an annual salary, so as to change the compensa tion of the sheriff; and for other purposes.

HB 384. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements within the rightof-way of any public street within Clayton County or on any public property or building in said county; and for other purposes.

HB 385. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act providing for a supple ment to the salaries of the judges of the superior court of the Clayton Judicial Circuit, so as to remove the provisions relating to maxi mum compensation payable from State and County funds; and for other purposes.

HR 134-385. By Mr. Chappell of the 42nd: A Resolution compensating Mrs. Bob Hollis; and for other purposes.

HR 135-385. By Messrs. McDaniell, Wilson, Atherton, Kreeger, Howard, Housley and Burruss of the 117th:
A Resolution authorizing the conveyance of certain real property lo cated in Cobb County; and for other purposes.

522

JOURNAL OP THE HOUSE,

HR 136-385. By Messrs. Johnson of the 29th and Busbee of the 61st:
A Resolution to create the Motor Vehicle Width Study Committee; and for other purposes.

HB 386. By Mr. Russell of the 14th:
A Bill to be entitled an Act to provide that the members of the Board of Education of the Barrow County School System shall be authorized to meet and exercise certain powers prior to their taking office; and for other purposes.

HB 387. By Messrs. Shanahan of the 8th, Gaynor of the 88th, Ross of the 26th, Bennett of the 71st, Lane of the 191st, Miller of the 83rd, Geisinger of the 72nd and others:
A Bill to be entitled an Act to amend Code Title 22, relating to cor porations, so as to change the fees for advertising; and for other purposes.

HB 388. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Warrenton, so as to change the salary of the mayor and council; and for other purposes.

HB 389. By Mr. Carter of the 64th:
A Bill to be entitled an Act to reincorporate the City of Pearson in the County of Atkinson; to create a new charter for said city; and for other purposes.

HB 390. By Mr. Carr of the 35th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Washington County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 391. By Mr. Carr of the 35th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Tax Commissioner of Washington County, known as the fee system; to provide in lieu thereof an annual salary; and for other pur poses.

WEDNESDAY, FEBRUARY 10, 1971

523

HB 392. By Mr. Carr of the 35th:
A Bill to be entitled an Act to provide that certain officers of Wash ington County shall submit an annual budget; and for other purposes.

HB 393. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Deepstep, so as to change the term of office for the mayor and council; and for other purposes.

HB 394. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, so as to change the compensation of the clerk of the superior court of Washington County; and for other purposes.

HB 395. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to change the time of the election and installation of city officials; and for other purposes.

HB 396. By Mr. Cook of the 95th:
A Bill to be entitled an Act to authorize the practice of astrology; to create the State Board of Astrology Examiners; and for other purposes.

HB 397. By Mr. Cook of the 95th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to enact for their respective jurisdictions, ordinances which have the effect of restricting the operation of adult bookstores and movie houses to areas zoned for commercial or industrial purposes; and for other purposes.

HB 398. By Mr. Cook of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that persons pleading nolo contendere for driving under the influence shall have their drivers' licenses suspended for 30 days and other punishment as the judge shall deem appropriate; and for other purposes.

524

JOURNAL OP THE HOUSE,

HB 399. By Mr. Cook of the 95th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to provide that in the event an operator shall enter a plea of nolo contendere for driving under the influence the Director of the Department of Public Safety shall suspend his operator's license for not less than 30 days; and for other purposes.

HB 402. By Messrs. Bostick, Matthews and Patten of the 63rd:
A Bill to be entitled an Act creating and establishing the State Court of Tift County; and for other purposes.

HB 432. By Mr. Miles of the 78th:
A Bill to be entitled an Act to amend an Act abolishing the 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 revise, consolidate and clarify all the laws relating to the Municipal Court; and for other purposes.

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 following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 92. Do Pass, by Substitute.
Respectfully submitted, Floyd of the 7th, 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 Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 77. Do Pass.

WEDNESDAY, FEBRUARY 10, 1971

525

HB 113. Do Pass, by Substitute.

HB 115. Do Pass.

HB 379. Do Pass, by Substitute.

Respectfully submitted, Vaughn of the 74th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report: Mr. Speaker:
Your Committee on State Planning and Community 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:
HR 130-360. Do Pass.
HB 268. Do Pass.
HB 269. Do Pass.
HB 281. Do Pass.
HB 290. Do Pass. HB 314. Po Pass. HB 332. Do Pass. HB 333. Do Pass. HB 334. Do Pass. HB 338. Do Pass. HB 339. Do Pass. HB 346. Do Pass. HB 348. Do Pass. HB 349. Do Pass.

526 HB HB HB HB HB HB HB HB HB HB HB HB

JOURNAL OF THE HOUSE,

350. Do Pass. 351. Do Pass. 358. Do Pass. 359. Do Pass. 362. Do Pass. 363. Do Pass. 364. Do Pass. 365. Do Pass. 366. Do Pass. 367. Do Pass. 388. Do Pass. 389. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

Mr. Snow of the 1st 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 has instructed me to report same back to the House with the following recommendations:
HB 31. Do Pass, as Amended.

HB 141. Do Pass.

HB 228. Do Pass.

HB 28. Do Pass, as Amended.

HB 270. Do Pass.

Respectfully submitted, Snow of the 1st, Chairman.

WEDNESDAY, FEBRUARY 10, 1971

527

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 Bill and Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HB

65. Do Pass, by Substitute.

HR 133-360. Do Pass.

Respectfully submitted, Howell of the 60th, Chairman.

Mr. Matthews of the 16th District, Chairman of the Committee on University 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 231. 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 of the House and has instructed me to report same back to the House with the following recommendations:
HB 217. Do Pass, as Amended.
HB 219. Do Pass.

528

JOURNAL OF THE HOUSE,

HB 220 Do Pass, by Substitute.

HB 329. 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 Bills of the House and Senate, to-wit:
SB 3. By Senator Carter of the 14th: A Bill to amend an Act known as the "Georgia Surface Mining Act of 1968", so as to redefine certain terms; to define "government securities"; to authorize the Board to decline to assert jurisdiction under this Act under certain conditions; to clarify the provisions relating to annual license fees; to repeal conflicting laws; and for other purposes.
SB 36. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to amend Code Section 34-604, relating to deputy registrars, as amended, so as to provide that principals of public high schools shall be deputies to the Board of Registrars for the purpose of registering qualified applicants; and for other purposes.
SB 43. By Senators Riley of the 1st, Searcey of the 2nd and Zipperer of the 3rd: A Bill to create a local tenure law for all administrative and teaching personnel of the Board of Public Education for the City of Savannah and County of Chatham, except those who work directly under a state or local merit system; and for other purposes.
SB 45. By Senator Abney of the 53rd:
A Bill to amend an Act placing the Sheriff of Walker County upon an annual salary, as amended, so as to provide for the appointment of one additional deputy sheriff whose responsibility is to serve petitions, summons and processes and whatever else may be made subject of order of the Judge of the Juvenile Court of Walker County; and for other purposes.

WEDNESDAY, FEBRUARY 10, 1971

529

SB 79. By Senator Henderson of the 33rd:
A Bill to provide that the Clerk of the civil-criminal Court of certain counties shall be entitled to membership in any retirement system created by the governing authority of said counties; and for other pur poses.

SB 81. By Senator Henderson of the 33rd:
A Bill to amend an Act providing for retirement benefits for clerks of the superior courts of Georgia, as amended, so as to provide that clerks of certain counties shall be entitled to membership in the retirement fund; and for other purposes.

HB 6. By Messrs. Matthews and Logan of the 16th:
A Bill to amend an Act granting a charter to the Mayor and Council of the City of Athens, so as to provide that a municipal elective officer of the Mayor and Council while holding such office shall also be eligible to enter as a candidate any political party primary or general election other than to succeed himself or a public elective office; and for other purposes.

HB 7. By Messrs. Matthews and Logan of the 16th: A Bill to amend the charter of the Town of Athens, so as to provide for automatic qualification for 120 months guaranteed certain plan as pro vided with option to change to a regular retirement benefit and to provide a special death benefit for participant's spouse; and for other purposes.
HB 8. By Messrs. Matthews and Logan of the 16th: A Bill to amend an Act entitled "An Act to amend the charter of the Town of Athens", so as to authorize the Mayor and Council of the City of Athens in enforcing Housing Codes to assess cost of demolition where a financial hardship exists; and for other purposes.
HB 34. By Mr. Howell of the 60th: A Bill to amend an Act incorporating the City of Blakely, so as to change the salaries of the mayor and councilmen; and for other pur poses.

HB 41. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to amend an Act prescribing the time for holding the Superior Court of Echols County, so as to change the time for holding said court; and for other purposes.

530

JOURNAL OF THE HOUSE,

HB 55. By Messrs. Leggett and Isenberg of the 67th:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for the extension of the season for taking shrimp under certain conditions; and for other purposes.

SB 40. By Senator Smalley of the 28th:
A Bill to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act'', as amended, so as to remove the provision prohibiting trial judges and solicitors of inferior courts from practicing law while receiving retirement pay; and for other purposes.

SB 62. By Senators London of the 50th and Overby of the 49th:
A Bill to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts relating to indeterminate sentences as amended, so as to provide for opening and closing arguments of counsel in pre-sentence hearings; and for other purposes.

SB 30. By Senators Smith of the 18th, Kidd of the 25th and Carter of the 14th:
A Bill to provide for health and safety requirements in metal and nonmetallic mines to provide for a short title; to repeal conflicting laws; and for other purposes.

SB 32. By Senator Johnson of the 38th: A Bill to create a Statewide tenure law for all administrative and teach ing personnel of the public school system, except those who work directly under a State or local merit system; to repeal conflicting laws; and for other purposes.
SB 50. By Senators Plunkett of the 30th and Webb of the llth: A bill relating to State Depositories, so as to change the times which the State Depository shall meet; to place additional duties upon the Board; to delete certain limitations upon investments which may be made by the Board; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 10, 1971

531

HB 141. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Elbert County, as amended, so as to change the provisions relating to the salaries of the judge and solicitor; and for other purposes.

The report 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 228. By Messrs. Snow, Hays and Clements of the 1st and Peters of the 2nd:
A Bill to be entitled an Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), as amended, so as to increase com pensation which may be paid the clerk-typist of the district attorney; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 268. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County, for regulatory and revenue purposes, to levy and collect a license tax from any person, firm or corporation except those subject to regulation by the Georgia Public Service Commission who may maintain a place of business in any area outside the incorporated limits of mu nicipalities; and for other purposes.
The report 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.

532

JOURNAL OP THE HOUSE,

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

HB 269. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and the tax commissioner of Henry County on an annual salary in lieu of the fee system of com pensation, as amended, so as to provide that any uncollected fees and whatever other perquisites to which the tax commissioner was entitled shall be paid to said 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 120, nays 0.

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

HB 281. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County, as amended, so as to change the title of the Comptroller; and for other purposes.

The report 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 290. By Messrs. Miles, Mulherin and Cheeks of the 78th, Dent of the 79th and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act providing for budgets in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

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

WEDNESDAY, FEBRUARY 10, 1971

533

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 314. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act creating a new board of education for Grady County so as to provide that the Grady County School Superintendent shall be appointed by the board of education of Grady 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 329. By Messrs. Alexander of the 108th, Daugherty of the 109th, Mrs. Ham ilton of the 112th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7 of the Constitution of the State of Georgia", relating to the abolition of justice Courts, etc., as amended, so as to provide that a defendant shall serve and file his answer within 30 days after the service of the summons; and for other purposes.

The report 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.

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

534

JOURNAL OF THE HOUSE,

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others:
A Bill to be entitled an Act to create a State Athletics Commission; to provide the jurisdiction, duties and authority of said Commission; and for other purposes.
Referred to the Committee on Industry.

SR 16. By Senators Kidd of the 25th, Kennedy of the 4th, Hill of the 29th and others: A Resolution creating the Consumer Protection Study Committee; and for other purposes.
Referred to the Committee on Rules.
SB 19. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend Code Section 59-120, relating to the compensation of jurors and court bailiffs, so as to change the mini mum and the maximum amounts allowable for court bailiffs; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 25. By Senators Webb of the llth and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act creating a juvenile court system for the State of Georgia, so as to authorize the judge of the juvenile court to hold hearings at any time or place within the judicial circuit; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 26. By Senators Kidd of the 25th and Coggin of the 35th:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, so as to redesignate a certain code section; to pro vide that certain aliens shall be eligible to stand examination and upon successful completion and compliance with all requirements shall be granted license to practice medicine; and for other purposes.
Referred to the Committee on Health and Ecology.
SB 35. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act relating to the negotiation of contracts by the State Highway Director and the State Highway Department, so as to provide for the negotiation of contracts by the State Highway Director and the State Highway Department with incorporated municipalities; and for other purposes.
Referred to the Committee on Highways.

WEDNESDAY, FEBRUARY 10, 1971

535

SB 47. By Senators Webb of the llth and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to remove from the involuntary separation provisions that portion relative to the failure in an election of an elected official; and for other purposes.
Referred to the Committee on Retirement.

The following Resolution of the House was read and adopted:

HR 154. By Mr. Chandler of the 34th:
A RESOLUTION
Commending Mr. Lewis Cenker; and for other purposes.
WHEREAS, Mr. Lewis Cenker of Atlanta, Georgia, was recently elected Vice President and Secretary of the National Association of Home Builders, which has 52,000 members; and
WHEREAS, Mr. Cenker's election marked the first time that a Georgian has been chosen for one of the four top leadership posts of this prestigious organization; and
WHEREAS, Mr. Cenker has been an outstanding leader in the Georgia housing industry for many years, having served as past presi dent of the Home Builders Association of Georgia, the Home Builders Association of Metropolitan Atlanta and as a member of the Executive Committee of the National Association of Home Builders; and
WHEREAS, in recognition of his talents and knowledge, Mr. Cenker has been asked to serve on many committees and study groups appointed by governmental officials.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends and congratu lates Mr. Lewis Cenker upon his being elected Vice President and Secre tary of the National Association of Home Builders.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this resolution to Mr. Lewis Cenker and to Mr. Louis Barba, President of the National Association of Home Builders.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Appropriations and referred to the Committee on State Institutions and Property:

536

JOURNAL OF THE HOUSE,

HR 135-385. By Messrs. McDaniell, Wilson, Atherton, Kreeger, Howard and Housley of the 117th:
A Resolution authorizing the conveyance of certain real property located in Cobb County, Georgia; and for other purposes.

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

HB 10. By Messrs. Colwell of the 5th, Gunter of the 6th, Knowles of the 22nd, Phillips of the 38th and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, so as to provide that the Board shall fix the compensation of the SecretaryTreasurer; and for other purposes.

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, G. D. Adams, John Adams, Marvin
Alexander, W. H, Atherton Barfield Battle Bell Bennett, J. T. Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Carr

Carter Chance Chandler
Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy

Drury Edwards Egan
Ezzard Parrar Felton Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes

WEDNESDAY, FEBRUARY 10, 1971

537

Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino

Lowrey Marcus Mason Matthews, C. Maxwell McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves

Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Snow Sorrells Stephens Strickland
Sweat Toles Townsend Triplett
Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Alien Bennett, Tom Blackshear Brown, S. P. Buck Coney, G. D. Cook Dean, Gib Evans

Ployd, J. H. Fraser Gary Howell Keyton Matthews, D. R. Mauldin McCracken Milford Mullinax

Phillips, G. S. Pickard Pinkston Russell, H. P. Scarborough Thomason Thompson Wamble Ware Mr. Speaker

On the passage of the Bill the ayes, were 165, nays 0.

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

The Speaker Pro Tern assumed the Chair.

538

JOURNAL OF THE HOUSE,

HB 105. By Messrs. Matthews of the 63rd, Hudson of the 48th, Wheeler of the 57th, Grantham of the 55th, Reaves of the 71st, Chance of the 44th and Carter of the 64th:
A Bill to be entitled an Act to amend the "Georgia Meat Inspection Act", so as to provide for the inspection of meat and meat products by the Commissioner of Agriculture in retail establishments and in food service establishments; and for other purposes.

The following Committee substitute was read and withdrawn by unanimous consent:
A BILL
To be entitled an Act to amend the "Georgia Meat Inspection Act" approved April 30, 1969 (Ga. Laws 1989, p. 1028), so as to provide for the inspection of meat and meat products by the Commissioner of Agriculture in retail establishments and in food service establish ments; 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 "Georgia Meat Inspection Act" approved April 30, 1969 (Ga. Laws 1969, p. 1028), is hereby amended by inserting in Section 1 a new subsection, to be known as subsection (u), to read as follows:
"(u) The term 'retail establishment' means any establishment which sells, offers for sale or displays for sale to the public any meat or meat product, whether prepared or otherwise. The term 'retail establishment' shall also include any establishment in which meat or meat products are sold for consumption off the premises thereof."
Section 2. Said Act is further amended by inserting therein a new Section, to be designated as Section 6A, to read as follows:
"Section 6A. (a) For the purposes hereinbefore set forth the Commissioner shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat and meat products, whether prepared or otherwise, located within or held for sale or consumption in any retail establishment and other food service establishments. For the purpose of any examination and inspection said inspectors shall have access to every part of said establishment during normal hours of operation or at such other times when meat processing operations are being conducted. Said inspector shall be accompanied by the owner or his authorized agent. Said inspectors shall label, mark, stamp, or tag as appro priate all such products which are found to be adulterated. All such adulterated meat or meat food products shall be made unfit for human consumption, as hereinbefore provided.

WEDNESDAY, FEBRUARY 10, 1971

539

(b) It shall be unlawful for any retail establishment and other food service establishments, to sell or display for sale any meat or meat food products which shall have been found by said in spectors to be adulterated.

(c) It shall be the responsibility of the consumer protection division field force sanitarian to supervise and enforce the provision of this Section."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The following substitute, offered by Messrs. Busbee of the 61st and Collins of the 62nd, was read and adopted:
A BILL
To be entitled an Act to amend the "Georgia Meat Inspection Act" approved April 30, 1969 (Ga. Laws 1969, p. 1028), so as to provide for the inspection of meat and meat products by the Commissioner of Agriculture in retail establishments and in food service establishments; 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 "Georgia Meat Inspection Act" approved April 30, 1969 (Ga. Laws 1969, p. 1028), is hereby amended by inserting in Sec tion 1 a new subsection, to be known as subsection (u), to read as follows:
"(u) The term 'retail establishment' means any establishment which sells, offers for sale or displays for sale to the public any meat or meat product, whether prepared or otherwise. The term 'retail establishment' shall also include any establishment in which meat or meat products are sold for consumption off the premises thereof)."
Section 2. Said Act is further amended by inserting therein a new Section, to be designated as Section 6A, to read as follows:
"Section 6A. (a) The Commissioner shall periodically re quire meat inspectors to inspect meat and meat products located within or held for sale or consumption in retail establishments and other food service establishments for the purpose of ascertaining whether the same has been inspected by a Federal or State meat inspector. Any meat or meat product which does not appear to have

540

JOURNAL OF THE HOUSE,

been previously inspected by a Federal or State meat inspector shall be labeled as unfit for sale and shall not be sold. Any meat found to be adulterated shall be made unfit for human consumption, as hereinbefore provided. For the purpose of any examination and inspection said inspectors shall have access to every part of said establishment during normal hours of operation or at such other times when meat processing operations are being conducted. Said inspectors shall be accompanied by the owner or his authorized agent.

(b) It shall be unlawful for any retail establishment and other food service establishments, to sell or display for sale any meat or meat food products which shall have been found by said inspectors to be adulterated or that has not been inspected by a Federal or State meat inspector.

(c) It shall be the responsibility of the consumer protection division field force sanitarian to supervise and enforce the provi sion of this Section."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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, G. D. Adams, John Adams, Marvin
Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C.
Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell

Coney, G. D. Coney, J. L. Conger
Connell Dailey Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans

WEDNESDAY, FEBRUARY 10, 1971

541

Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Granade Grantham Greer
Griffin Gunter Hadaway Ham Hamilton Harris Harrison Hawes Hays Hill, G. Hood Housley Howard Hudson, C. M . Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell McDonald Melton Merritt Miles Moore Morgan Moyer Mulherin Mullinax Nessmith
Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston

Poole Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson
Toles
Townsend Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. H. Alien Battle Berry Blackshear
Buck Chandler
Collier
Cook
Davis, E. T.

Dean, J. E. Fraser Gignilliat Grahl
Harrington
Hill, B. L.
Horton Howell
Mason
Mauldin

Milford Miller Murphy Noble
Rush
Thomason
Vaughn
Mr. Speaker

542

JOURNAL OF THE HOUSE,

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

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

HB 43. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to authorize and direct the State Department of Corrections to reimburse the clerk of the court for court costs in curred in trying a criminal defendent for the crime of escape, when such escape is from State prison facilities; and for other purposes.

The following amendment was read and adopted:
Mr. Larsen of the 42nd moves to amend HB 43 by deleting the period on line 11 and adding:
"and to reimburse the sheriff of the county wherein the trial takes place for the expense of transporting the defendant from the place of detention of such defendant to court for trial and return from the court to such place of detention, such reinbursement to be at the rate of 10 cents per mile."

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, G. D. Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Black Bond Bostick Bowen

Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements

Cole Collier
Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E.

WEDNESDAY, FEBRUARY 10, 1971

543

Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham
Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson

Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce

Peters Phillips, G. S. Phillips. L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B.
Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland
Sweat Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. W. S. Lee.

Those not voting were Messrs.:

Alien Berry Blackshear

Bohannon Buck Colwell

Fraser Mason Milford

544
Miller Murphy Odom

JOURNAL OF THE HOUSE,

Rush Stephens Thomason

Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 177, nays 1.

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

HB 109. By Messrs. Collins of the 62nd and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act prohibiting the purchase of any passenger automobile by any department, institution, bureau or agency of this State, as amended, so as to provide that the Depart ment of Agriculture shall be authorized and empowered to purchase passenger-carrying automobiles through the Supervisor of Purchases for the use of the Agriculture Department employees while engaged in their official duties; and for other purposes.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Bell
Bennett, J. T. Bennett, Tom Black Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P.

Buck Burruss Busbee Carr Carter Chance Chandler Chappell
Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Conger
Connell Dailey

Daugherty Davis, E. T. Dean, N. Dent Dixon Dorminy Drury Edwards
Egan Evans Ezzard Farrar Felton Floyd, L. R. Gaynor Geisinger Gignilliat
Grahl Grantham

WEDNESDAY, FEBRUARY 10, 1971

545

Greer Gunter Hadaway Hamilton Harrington Harrison Hays Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Keyton King Knowles Kreeger Lambert Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Lewis Logan

Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McDaniell McDonald
Melton Merritt Miller Moore Morgan Mulherin Mullinax Nessmith Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Rainey Reaves Roach

Rush
Russell, A. B. Russell, H. P. Salem Scarborough Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Toles Town send Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Bohannon Coney, J. L. Davis, W. Floyd, J. H. Ham Harris Hawes

Hill, G. Howard Jones, J. R. Jordan Lane, Dick
Larsen, G. K. Lee, W. S.

Levitas Miles Noble Patterson Stephens Thompson

Those not voting were Messrs.:

Alexander, W. M. Battle Berry Blackshear Brantley, H. H. Cook Dean, Gib Dean, J. E. Fraser Gary Granade Griffin Hill, B. L.

Hood Johnson Knight Longino Mauldin McCracken Milford Moyer Murphy Northcutt Nunn Odom Pickard

Pinkston Potts Ross Russell, W. B. Savage Shanahan Shepherd Thomason Vaughn Westlake Mr. Speaker

546

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 138, nays 20.

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

Mr. Shanahan of the 8th stated that he had been called from the floor of the House when the roll was called on HB 109 and wished to be recorded as voting "aye".
HB 275. By Mr. Greer of the 95th: A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to change the date of the general primary; and for other purposes.
Mr. Levitas of the 77th moved that HB 275 and all amendments thereto be placed on the table.
On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Bennett, Tom Davis, W. Dean, J. E. Dixon Farrar Gary Gunter Ham

Harris Jordan King Lane, Dick Lane, W. J. Levitas Nessmith Pearce

Roach Russell, W. B. Savage Sorrells Sweat Thomason Westlake Wheeler, Bobby

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black

Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter

Chance Chappell Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey

WEDNESDAY, FEBRUARY 10, 1971

547

Daugherty Dean, Gib Dent Dorminy Drury Edwards Egan Evans Felton Floyd, L. B. Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Hadaway Hamilton Harrington Hawes Hays Hill, B. L. Hill, G. Horton
Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson

Jones, Herb Jones, J. R. Keyton Knight Knowles Kreeger Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus
Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Noble

Northeutt Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Reaves
Ross Rush Russell, H. P.
Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Stephens Strickland Toles Townsend Tripp Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire Wilson Wood

Those not voting were Messrs.:

Blackshear Brantley, H. H. Carr Chandler Cheeks Cook Davis, E. T. Dean, N. Ezzard Floyd, J. H.

Fraser Grahl Harrison Hood Matthews, C. Morgan Murphy Nunn Odom . Phillips, W. R.

Pickard Rainey Russell, A. B. Shepherd Smith, J. R. Snow Thompson Triplett Williams Mr. Speaker

On the motion to table, the ayes were 24, nays 141.

The motion was lost.

548

JOURNAL OP THE HOUSE,

Mr. Gunter of the 6th moved that further consideration of HB 275 be post poned until Monday, February 15, 1971.

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

Those voting in the affirmative were Messrs.

Alexander, W. H. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bond Bray Buck Burruss Carr Clements Collins, S. Colwell Coney, J. L. Dailey Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Dorminy Egan Farrar Floyd, L. E.

Gary
Gaynor Geisinger Gunter Ham Harris Hawes Hays Horton Housley Hudson, Ted Jessup Johnson Jones, Herb Jones, J. R. King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Marcus Mason Matthews, C. Mauldin

Miles Milford Moore Mullinax Nessmith
Odom Pearce Peters Reaves Roach Russell, W. B.
Savage Scarborough Shepherd Smith, H. R. Smith, V. T. Snow Sorrells
Sweat . Thomason Thompson Townsend Tripp Westlake Wheeler, Bobby Wilson Wood

Those voting in the negative were Messrs.:

Adams, 6. D. Adams, John Adams, Marvin Alexander, W. M. Alien Bohannon Bostick Bowen Brantley, H. L. Brown, C. Brown, S. P. Busbee Carter

Chance Chappell Cole Collins, M. Coney, G. D. Connell Dent Drury Edwards Evans Felton Gignilliat Grahl

Granade Grantham Greer Griffin Hadaway Harrington Harrison Hill, G. Howard Howell
Hudson, C. M. Hutchinson Isenberg

WEDNESDAY, FEBRUARY 10, 1971

649

Jordan Keyton Knight Knowles Larsen, W. W. Leggett Lewis Logan Longino Lowrey Matthews, D. R. Maxwell
McCracken McDaniell McDonald Melton

Merritt Miller Mulherin Noble Northcutt Oxford Patterson Patten Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Ross

Rush Russell, A. B. Russell, H. P. Salem Shanahan Sherman Sims Stephens Strickland
Toles Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire

Those not voting were Messrs.:

Battle Blackshear Brantley, H. H. Brown, B. D. Chandler Cheeks Collier Conger Cook

Davis, E. T. Ezzard Floyd, J. H. Fraser Hamilton
Hill, B. L. Hood Morgan Moyer

Murphy Nunn Pickard Smith, J. R. Triplett Williams Mr. Speaker

On the motion to postpone, the ayes were 83, nays 87.

The motion was lost.

Mr. Howell of the 60th moved that the previous question be ordered.

Mr. King of the 86th moved that HB 275 be postponed until Thursday, Febru ary 11, 1971.
The Speaker Pro Tern ruled that the motion to order the previous question would take precedence.

The motion prevailed and the previous question was ordered.

550

JOURNAL OF THE HOUSE,

The following amendment was read:

Messrs. Matthews of the 16th and Phillips of the 50th move to amend HB 275 by striking from Section 5 the words "State Election Board" and substituting in lieu thereof the words "the governing body of the county".

On the adoption of the amendment the ayes were 56, nays 83.

The amendment was lost.
The following amendment was read: Mr. Egan of the 116 moves to amend HB 275 by striking Section 5.

On the adoption of the amendment the ayes were 43, nays 86.

The amendment was lost.

The following amendment was read and adopted:
Mr. Greer of the 95th moves to amend HB 275 by substituting the words "second Tuesday" instead of "second Wednesday" for the date of the primary.

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, G. D. Adams, Marvin Alexander, W. M. Alien Battle Bell Bennett, J. T.

Black Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C.

Brown, S. P. Busbee Carr Carter Chance Cheeks Cole

WEDNESDAY, FEBRUARY 10, 1971

551

Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, W. Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Evans Ezzard Felton Fraser Gary Gaynor Gignilliat Granade Grantham Greer Griffin Hadaway Hamilton Harrington Harrison Hawes Hays Hill, G. Howard Howell Hudson, C. M.

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Lewis
Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles Miller Moore Moyer Mulherin Mullinax Northcutt Nunn

Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston
Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Salem Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Wood

Those voting in the negative were Messrs.

Alexander, W. H. Atherton Bennett, Tom Berry Blackshear Bond Brown, B. D. Clements Collins, S. Daugherty Davis, E. T. Dean, Gib Dixon Egan Farrar

Floyd, L. R. Geisinger Ham Harris Hill, B. L. Horton Housley King Kreeger Lane, Dick Lane, W. J. Lee, W. S. Levitas Mason Nessmith

Phillips, W. R. Ross Russell, W. B. Savage Scarborough Shanahan Snow Sweat Thomason Thompson Wheeler, Bobby Williams Wilson

552

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, John Barfield Brantley, H. H. Buck Burruss Chandler Chappell

Floyd, J. H. Grahl Gunter Hood Melton Milford Morgan

Murphy Noble Odom Pearce Strickland Mr. Speaker

On the passage of the Bill, as amended, the ayes were 132, nays 43.

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

Messrs. Chappell of the 42nd, Noble of the 73rd and Melton of the 32nd stated that they had been called from the floor of the House when the roll was called on HB 275, as amended, and wished to be recorded as voting aye".

Mr. Felton of the 95th arose to a point of personal privilege and addressed the House.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 27. By Messrs. Sorrells of the 24th and Lambert of the 25th:
A Bill to be entitled an Act to amend an Act placing the District At torneys of the Superior Courts of this State upon an annual salary, so as to provide for the payment of certain expenses incurred by the district attorneys in the performance of their official duties; and for other purposes.

The following amendment was read and adopted:
Mr. Knight of the 30th moves to amend HB 27 as follows:
On Line 23 after the word "County" add the following:
"Provided any reimbursement received hereunder shall be in lieu of such expenses presently paid by local governing authorities."

WEDNESDAY, FEBRUARY 10, 1971

553

The following amendment was read:

Mr. Ham of the 33rd moves to amend HB 27 by adding after the word "attorney" on Line 15, Page 2:

", but not to exceed the sum of $25.00 each day."

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, G. D. Berry Bond Brantley, H. L. Brown, B. D. Buck Busbee Clements Collins, S. Dailey Davis, E. T.
Davis, W.

Dorminy Parrar Gary Geisinger Ham Harrison Hays Hutchinson King Knight Lane, Dick Levitas

Lewis Marcus Moyer Mullinax Pearce Pickard Russell, W. B. Savage Snow Sorrells Thomason Westlake

Those voting in the negative were Messrs.

Alexander, W. M. Alien Atherton Bell Bennett, Tom Black Bohannon Bostick Bowen Brown, C. Brown, S. P. Burruss Carr Carter Chance Chandler Chappell Cheeks Cole Collins, M. Colwell Coney, G. D.

Coney, J. L. Conger Connell Cook Dean, Gib Dent Dixon Edwards Evans Ezzard Fraser Gaynor Gignilliat Grantham Greer Griffin Gunter Hadaway Harrington Harris Hill, G. Hudson, C. M.

Hudson, Ted Isenberg Jessup Jones, J. R. Jordan Keyton Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lowrey
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCraeken McDonald

554
Melton Merritt Miles Milford Miller Morgan Mulherin Nessmith Noble Northcutt Odom Oxford Patterson Patten Peters

JOURNAL OF THE HOUSE,

Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Rainey Ross Rush Russell, H. P. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R.

Smith, V. T. Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Vaughn Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, John Adams, Marvin Alexander, W. H. Barfield Battle Bennett, J. T. Blackshear Brantley, H. H. Bray Collier Daugherty Dean, J. E. Dean, N. Drury Egan Felton

Floyd, J. H. Floyd, L. R. Grahl Granade Hamilton Hawes Hill, B. L. Hood Horton Housley Howard Howell Johnson Jones, Herb Knowles Logan

Longino McDaniell Moore Murphy Nunn Pinkston Potts Reaves Roach Russell, A. B. Shepherd Townsend Wamble Ware Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 36, nays 111.

The amendment was 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:

WEDNESDAY, FEBRUARY 10, 1971

555

Those voting in the affirmative were Messrs.

Adams, G. D, Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bell Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Collier Coney, J. L. Conger Connell Cook Dailey Daugherty Dent Dixon Dorminy Edwards Ezzard Farrar Felton Floyd, J. H.

Gei singer Grahl Grantham Greer Griffin Hadaway Harrington Harris Harrison Hays Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Keyton Knight Knowles Kreeger Lambert Lane, W. J. Larsen, W. W. Lee, W. S. Leggett Le vitas Lewis Marcus Matthews, C. Matthews, D. R. McCracken McDaniell Melton Merritt Miles Morgan Moyer

Mulherin Mullinax Nessmith Nunn Odom Oxford Patten Phillips, G. S. Phillips, W. R. Poole Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Strickland Sweat Thomason Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams, W. M. Wilson Wood

Those voting in the negative were Messrs.

Adams, John Alien Battle Bennett, Tom Berry Brown, C. Buck Cole Collins, S. Colwell
Coney, G. D.

Davis, E. T. Davis, W. Dean, Gib Evans Floyd, L. R. Fraser Gary Gaynor Gignilliat Ham Hawes

Hill, G. Jones, J. R. King Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lowrey Mason Mauldin Maxwell McDonald

556
Milford Miller Moore Noble Northcutt Patterson Pearce

JOURNAL OF THE HOUSE,

Peters Phillips, L. L. Pickard Savage Scarborough Smith, V. T. Stephens

Thompson Toles Triplett Tripp Turner Westlake

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Bohannon Bray Collins, M. Dean, J. E. Dean, N. Drury Egan

Granade Gunter Hamilton Hill, B. L. Hood Horton Howell Johnson, B. Jones, Herb Jordan

Logan Longino Murphy Pinkston Potts Shepherd Townsend Mr. Speaker

On the passage of the Bill, as amended, the ayes were 114, nays 53.

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

Mr. Floyd of the 7th stated that he had inadvertently voted "aye" but intended to vote "nay" on the passage of HB 27, as amended.

Mr. Johnson of the 29th stated that he had been called from the floor of t"haeyeH".ouse when the roll was called on HB 27, as amended, and wished to vote

The following Resolutions of the House were read and adopted:

HR 160. By Messrs. Hudson of the 48th, Wheeler of the 67th, Black of the 45th, Matthews of the 63rd, Lowrey of the 9th, Grantham of the 55th and Dent of the 79th:
A RESOLUTION
Commending the Georgia Extension Service; and for other purposes.
WHEREAS, the Georgia Extension Service, in cooperation with the State and county governments, through its specialists and County Extension Workers, extends the University of Georgia to every county

WEDNESDAY, FEBRUARY 10, 1971

557

in the State by carrying vital research findings to farms, agribusiness firms and homes throughout Georgia; and

WHEREAS, the Georgia Extension Service is giving outstanding support to community development; and

WHEREAS, the Georgia Extension Service works effectively with many thousands of Georgia youth each year, having the largest 4-H enrollment in the nation; and

WHEREAS, the Georgia Extension Service has made significant adjustments in its programs to meet the needs of Georgia's changing agriculture and developing communities; and

WHEREAS, the Georgia Extension Service is recognized as one of the most effective in the nation; and

WHEREAS, the Georgia Extension Service programs continue to contribute greatly to an efficient agriculture which is reflected in abundance of quality food at a savings to every Georgia family; and

WHEREAS, a healthy agriculture and agribusiness is vital to our economy and to all the people of our State in the years ahead.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends the Georgia Extension Service for its outstanding contribution to Georgia's progress.

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 Board of Regents, the Chancellor, the President of the University of Georgia, the Dean of the College of Agriculture and the Director of the Extension Service.

HR 161. By Messrs. Hudson of the 48th and Patten of the 63rd:
A RESOLUTION
Commending Mrs. Nora Lawrence Smith; and for other purposes.
WHEREAS, Mrs. Nora Lawrence Smith, perhaps one of Georgia's best known weekly newspaper editors, recently retired following a newspaper career of more than 70 years; and
WHEREAS, her newspaper, The Wiregrass Farmer, has long been a source of accurate and incisive reporting of the news; and
WHEREAS, she was presented the Emma C. McKinney Memorial Award by the National Newspaper Association for "distinguished con tributions in community journalism, in civic leadership, and in con tinuous vigorous support of good government"; and

558

JOURNAL OF THE HOUSE,

WHEREAS, in recognition of the presentation of the Emma C. McKinney Memorial Award, the Honorable Lester Maddox, proclaimed "Nora Lawrence Smith Day" in Georgia, and a formal celebration was held by her friends on this occasion; and

WHEREAS, her newspaper career actually began at age 12, when she crawled up on a printer's stool and began to set type from a job case; and

WHEREAS, she has always been held in highest esteem by her friends, readers, and associates; and

WHEREAS, it is only fitting and proper that she be recognized and commended for her life of dedicated service to the people of her community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate Mrs. Nora Lawrence Smith for her many years of outstanding public service and for her many accomplishments in the field of journalism.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mrs. Nora Lawrence Smith.

HR 162. By Messrs. Ross of the 26th and Shanahan of the 8th:
A RESOLUTION
Making the Honorable Victor E. Kieffer a native born citizen of Georgia; and for other purposes.
WHEREAS, due to a cruel and unfortunate accident of nature, the Honorable Victor E. Kieffer was born ... in Queens, New York; and
WHEREAS, there are probably worse places to be from, but neither the Honorable Victor E. Kieffer nor anyone else can think of any, so, to help him improve his intolerable predicament, it is only fitting and proper that he be granted native born citizenhood of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA (Lester concurring) that this Body hereby orders, demands, requests, hopes, asks, pleads and begs that the Honorable Victor E. Kieffer be made a native born citizen of the heretofore sovereign State 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 Victor E. Kieffer, citizen in residence at Howell House, Atlanta, Geor gia.

WEDNESDAY, FEBRUARY 10, 1971

559

HR 163. By Messrs. Dorminy of the 48th, Phillips of the 50th, Williams of the llth, Johnson of the 29th and Isenberg of the 67th:

A RESOLUTION

Relating to a Memorial in Washington, D. C. to honor the memory of Honorable Richard Brevard Russell; and for other purposes.

WHEREAS, the passing of Senator Richard Brevard Russell has left a great void in the Senate of the United States; and

WHEREAS, history will record that he was one of the greatest persons ever to serve in the Senate of the United States; and

WHEREAS, Senator Russell dedicated his entire life to the service of his country, and it is only fitting and proper that his memory be honored in the Nation's Capitol.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the United States Senate and House of Representatives from Georgia are hereby requested and urged to take the necessary action toward the placing of a fitting monument on the grounds of the Capitol Building in Washington, D. C. in honor of the memory of Senator Richard Brevard Russell.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to each member of the Georgia Congressional Dele gation.

HR 164. By Messrs. Keyton and Russell of the 70th:
A RESOLUTION
Commending Honorable Noah A. Stegall; and for other purposes.
WHEREAS, after more than forty years of service as a member of the Police Force of Thomasville, Georgia, Chief of Police Noah A. Stegall is retiring; and
WHEREAS, Chief Stegall served as the Chief of Police on the Thomasville Police Force for twenty-seven years; and
WHEREAS, for eighteen years Chief Stegall has not missed a single day of service due to illness; and
WHEREAS, during his long and distinguished career as a public official of the City of Thomasville, Chief Stegall has made many out standing contributions to the citizens of the City of Thomasville and has acquired the reputation as being one of this State's most outstand ing law enforcement officers; and

560

JOURNAL OF THE HOUSE,

WHEREAS, it is only befitting and proper that this body recognize the long and distinguished career of public service of Noah A. Stegall.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to the Honor able Noah A. Stegall its heartiest congratulations and commendations upon the culmination of a long and distinguished public service career.

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 Noah A. Stegall.

HR 165. By Messrs. Isenberg and Leggett of the 67th, Drury of the 66th, Brantley of the 52nd, Smith of the 39th and many others:
A RESOLUTION
Expressing sympathy to all the families who had loved ones killed in the Thiokold explosion; and for other purposes.
WHEREAS, the terrible tragedy that struck the Thiokold Chemical Plant near Woodbine, Georgia, has touched all Georgians; and
WHEREAS, the members of the General Assembly, as representa tives of all Georgians, want to express their sympathy to the families who lost loved ones in the explosion at the Thiokold Chemical Plant; and
WHEREAS, the employees of the chemical plant near Woodbine have served the State and nation with great dedication and courage; and
WHEREAS, the State has suffered a great loss in the tragedy at the Thiokold Chemical Plant by losing such upstanding and loyal citi zens; and
WHEREAS, Georgians in all walks of life mourn the passing of the persons who died in this tragedy, but take pride in the memory of the high ideals which these persons exemplified.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the member of this Body hereby join with all persons everywhere in expressing their deepest and profoundest regrets at the tragedy that struck the Thiokold Chemical Plant, and extend their heartfelt sympathy to the families who lost loved ones.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit appropriate copies of this Resolution to the president of the Thiokold Chemical Plant and to the families who lost loved ones.

WEDNESDAY, FEBRUARY 10, 1971

561

HR 166. By Messrs. Geisinger of the 72nd, Westlake, Floyd and Granade of the 75th, Thomason of the 77th and many others:

A RESOLUTION

Commending Mrs. Anna E. Trimble and Mr. James E. Overton; and for other purposes.

WHEREAS, Mrs. Anna E. Trimble, a history and speech teacher at Chamblee High School in DeKalb County, and Mr. James E. Overton, a mathematics teacher at Gordon High School in DeKalb County, each recently received the Yale University "distinguished teaching" award; and

WHEREAS, only four teachers throughout the United States are selected annually to receive this award; and

WHEREAS, Yale President Kingman Brewster, Jr., said that it was the first time in the nine year history of the awards that two educators from the same county of a State had been selected to receive the awards; and

WHEREAS, these awards are made in recognition of "teaching excellence", as demonstrated by the remarkable ability and dedication of these two outstanding educators of our State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate Mrs. Anna E. Trimble and Mr. James E. Overton upon their being selected to receive the Yale University award for "distinguished teaching".

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this resolution to Mrs. Anna E. Trimble, Mr. James E. Overton and to President Kingman Brewster, Jr., of Yale University.

Mr. Collins of the 54th arose to a point of personal privilege and addressed the House.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

562

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 11, 1971

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. Milton Dwelle, Pastor, First Baptist Church, Douglasville, Georgia.

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

Adams, G. D.
Adams, John
Adams, Marvin Alexander, W. M.
Alien
Atherton
Barfield
Battle Bell
Bennett, J. T. Bennett, Tom
Berry Black Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss
Busbee Carr
Carter Chance Chandler
Chappell
Cheeks Clements
Collier
Collins, M. Collins, S.
Coney, G. D. Coney, J. L.
Conger
Connell

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes

Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin

Maxwell McCracken McDaniell McDonald Melton
Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce

THURSDAY, FEBRUARY 11, 1971

563

Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard
Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R.

Smith, J. R. Snow Sorrells Stephens Strickland
Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

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.

564

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 441. By Messrs. Alexander of the 108th, Horton of the 95th, Brown of the 110th, Stephens of the 103rd, Alexander of the 96th, Marcus of the 105th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the "Ombudsman Chapter of the Charter of the City of Atlanta"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 442. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Lee County and providing in lieu thereof an annual salary, so as to change the maximum salary which the sheriff may be entitled to receive; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 443. 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, so as to authorize the clerk to employ two deputy clerks to assist in discharging the official duties of his office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 444. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to change the corporate limits of the City of Louisville; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 445. By Messrs. Lowrey, Adams and Toles of the 9th:
A Bill to be entitled an Act to amend an Act authorizing the district attorney in each judicial circuit to appoint as many assistant district attorneys as there are superior court judges in excess of one, so as to provide that in each judicial circuit which has only one superior court judge, the district attorney is required to prosecute persons accused of crimes; and for other purposes.
Referred to the Committee on Special Judiciary.

THURSDAY, FEBRUARY 11, 1971

565

HB 446. By Messrs. Hudson of the 48th, Peters of the 2nd, Lee of the 61st and Grantham of the 55th:
A Bill to be entitled an Act to provide that no person shall permit, maintain, promote, conduct, advertise, act as entrepeneur, undertake, organize, manage, or sell or give tickets to an actual or reasonably anticipated assembly of 10,000 or more persons which continues or can reasonably be expected to continue for 10 or more consecutive hours unless he obtains a license from the governing authority; and for other purposes.
Referred to the Committee on Industry.

HB 447. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend Code Title 26, known as the Criminal Code of Georgia, so as to create a new Code Chapter to be designated as Code Chapter 26-34, relating to loan sharking; and for other purposes.
Referred to the Committee on Banks and Banking.

Mr. Gunter of the 6th moved that HB 447 be engrossed.

The motion prevailed and HB 447 was ordered engrossed.

HB 448. By Messrs. Collins of the 62nd, Russell of the 70th, Reaves of the 71st, Dorminy of the 48th, Nessmith of the 44th, Rush of the 51st, Carr of of the 35th and others:
A Bill to be entitled an Act to amend an Act entitled "The Uniform Act Regulating Traffic on Highways", so as to repeal Article XVI of said Act relating to inspection of vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 449. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act requiring the clerks of the superior courts of certain counties to attend the Court of Ordinary for the trial of certain cases, so as to change the population figures contained therein and the census; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

566

JOURNAL OF THE HOUSE,

HB 450. By Messrs. Noble and Bell of the 73rd, Collins and Geisinger of the 72nd, Brantley of the 114th, Stephens of the 103rd, Lane of the 101st and others:
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 exempt from this Act certain personal property purchased in a foreign country by a member of the Armed Forces while serving on active duty outside the United States; and for other purposes.
Referred to the Committee on Ways and Means.

HB 451. By Messrs. Noble of the 73rd, Marcus of the 105th, Farrar of the 77th, Hawes of the 95th, Salem of the 51st, Geisinger of the 72nd, Jordan of the 74th and others:
A Bill to be entitled an Act to amend Code Section 92-3109, relating to deductions from gross income for the purpose of computing net income from income tax purposes, so as to provide that the term "medical care" shall also mean and include amounts paid for the cost of attending a special school for the mentally or physically handicapped; and for other purposes.
Referred to the Committee on Ways and Means.

HB 452. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners for Montgomery County and creating a new board of commissioners for the County of Montgomery, so as to create an expense allowance for the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 453. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Pierce County, so as to change the compensation of the Chairman; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 454. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Pierce County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, FEBRUARY 11, 1971

567

HB 455. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Pierce County on an annual salary, so as to change the compensation of the sheriff, the chief deputy sheriff and deputy sheriffs of Pierce County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 456. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lamar County upon an annual salary, so as to provide that the sheriff shall be authorized to employ such number of deputies as the governing authority of Lamar County shall approve; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 457. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to provide for the appointment of the county school superintendent of Lamar County by the Board of Educa tion of Lamar County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 458. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Lamar County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 459. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Chattooga County, so as to provide for the District Attorney of the Lookout Mountain Judicial Circuit to assume the duties and powers of the solicitor; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 460. By Messrs. Brown, Evans, Pinkston, Bennett and Scarborough of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of Grand

668

JOURNAL OF THE HOUSE,

Juries, so as to provide for the drawing of an additional Grand Jury; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 461. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to provide for the necessary consent for the treatment of minors for venereal disease; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 462. By Messrs. Floyd of the 7th, Lane of the 44th, Wood of the llth, Ed wards of the 45th and Ware of the SOth:
A Bill to be entitled an Act to provide that the county and local boards of education shall see that Veteran's Day is observed by a holiday; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HR 155-462. By Messrs. Moore and Gunter of the 6th, Northcutt of the 21st, Collins of the 72nd, Collins of the 62nd, Bell and Noble of the 73rd, Larsen of the 113th, Jones of the 4th, Lane of the 101st and others:
A Resolution proposing an amendment to the Constitution so as to create a new State Board of Education; and for other purposes.
Referred to the Committee on Education.

HR 156-462. By Messrs. Moore and Gunter of the 6th, Northcutt of the 21st, Collins of the 72nd, Collins of the 62nd, Bell and Noble of the 73rd, Jones of the 4th, Larsen of the 113th, Lane of the 101st and others:
A Resolution proposing an amendment to the Constitution so as to create a new Board of Regents of the University System of Georgia; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 157-462. By Mr. Davis of the 75th: A Resolution compensating Mrs. Mary E. Doty; and for other purposes.
Referred to the Committee on Appropriations.

THURSDAY, FEBRUARY 11, 1971

569

HR 158-462. By Mr. Chandler of the 34th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 159-462. By Messrs. Leggett and Isenberg of the 67th, Drury of the 66th and Patterson of the 20th:
A Resolution proposing an amendment to the Constitution so as to authorize local governmental authorities to reapportion themselves; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 463. By Messrs. Leggett of the 67th, Bohannon of the 20th, Drury of the 66th, Patten of the 63rd, Patterson of the 20th: A Bill to be entitled an Act to authorize the Attorney General to in stitute actions to revoke the charters of domestic corporations which are controlled by persons engaged in organized crime; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 464. By Messrs. Leggett of the 67th and Stephens of the 103rd: A Bill to be entitled an Act to establish a framework of employeremployee relations by providing uniform and orderly methods for dealings between employees and organizations thereof and employing public agencies; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 465. By Messrs. Leggett of the 67th, Drury of the 66th and Dorminy of of the 48th:
A Bill to be entitled an Act to amend Code Title 93, relating to the Public Service Commission, so as to add a chapter to be known as the "Georgia CATV Regulatory Surveillance Act"; and for other purposes.
Referred to the Committee on Industry.
HB 466. By Messrs. Floyd of the 7th, Busbee of the 61st, Harris of the 10th, Williams of the llth and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee, so as to provide duties for the Legislative Fiscal Officer; to provide duties for the Legislative Budget Analyst; and for other purposes.
Referred to the Committee on Appropriations.

570

JOURNAL OF THE HOUSE,

HB 467. By Messrs. Leggett of the 67th, Drury of the 66th Matthews of the 63rd and Patten of the 63rd:
A Bill to be entitled an Act to regulate the manufacture and distribu tion of commercial feeds in the State of Georgia; to repeal Code Chapter 42-2, relating to commercial feeding stuffs; and for other purposes.
Referred to the Committee on Agriculture.

HB 468. By Messrs. Collins of the 72nd, Noble of the 73rd, Westlake, Granade and Davis of the 75th:
A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for terms and the method of electing such members, so as to provide that the DeKalb County Superintendent of Schools shall be appointed by the Board of Educa tion of DeKalb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 469. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Court of Hall County, so as to change and increase the terms of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 470. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act relating to private passenger automobiles; to define "private passenger automobile", to create a manufacturer's warranty as to standards of safety concerning the ability to sustain shock; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 471. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners for Peach County, so as to provide that whenever a vacancy is created on the commission, the appointment to fill such vacancy shall be good only until a successor is elected at the next general election; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

THURSDAY, FEBRUARY 11, 1971

571

HB 472. By Mr. Egan of the 116th:
A Bill to be entitled an Act to authorize certain counties and munici palities to levy and impose certain excise taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 473. By Messrs. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Jekyll Island State Park Authority Act", so as to reduce the maximum amount of the land area of Jekyll Island which the Authority is empowered to survey, subdivide, improve and lease or sell to the extent and in the manner provided in said Act, as subdivided and improved; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 474. By Mr. Egan of the 116th: 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.
HB 475. By Messrs. Geisinger and Collins of the 72nd, Townsend of the 115th, Davis, Floyd, Westlake and Granade of the 75th, Savage of the 104th, Bell and Noble of the 73rd, Chandler of the 34th, Lee of the 21st and others: A Bill to be entitled an Act to provide that an individual who holds elective or appointive office may not qualify for another public office unless first tendering his resignation; and for other purposes.
Referred to the Committee on State of Republic.
HB 476. By Messrs. Phillips of the 50th and Battle of the 90th: A Bill to be entitled an Act to provide that it shall be unlawful to engage in certain activities in relation to the use of fires and ignited objects; and for other purposes.
Referred to the Committee on Natural Resources.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 400. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act creating a charter for the City of Douglas, so as to extend the corporate limits of said city; and for other purposes.

572

JOURNAL OF THE HOUSE,

HB 401. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to provide the procedures which govern the con test of elections and primaries in said city; and for other purposes.

HR 137-401. By Messrs. Nunn and Moyer of the 41st:
A Resolution compensating Mr. D. N. Zoumberis; and for other pur poses.

HB 403. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said Court; and for other purposes.

HB 404. By Mr. Davis of the 86th:
A Bill to be entitled an Act to amend an Act prohibiting the manu facture, sale, possession and discharge of fireworks, so as to delete the provisions added by said amendatory Act which permit the manu facture, sale, possession, storage and distribution of certain fireworks under certain conditions; and for other purposes.

HB 405. By Messrs. Brown of the 32nd, Marcus of the 105th, Mullinax of the 30th, Melton of the 32nd, Howell of the 60th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that effective July 1, 1972, whenever any local unit of education shall determine that it will need one or more school bus bodies for the coming school year the local unit shall report its requirement to the State Board of Edu cation which shall compile requirements from all boards of education and submit them to the State Supervisor of Purchases; and for other purposes.

HB 406. By Messrs. Brown of the 32nd, Marcus of the 105th, Mullinax of the 30th, Howell of the 60th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that effective July 1, 1972, whenever any local unit of education shall determine that it will need one or more school bus chassis it shall report its require ments to the State Board of Education, who shall in turn compile all such requirements and present them to the State Supervisor of Purchases; and for other purposes.

THURSDAY, FEBRUARY 11, 1971

573

HB 407. By Messrs. Brown of the 32nd, Marcus of the 105th, Westlake of the 75th, Melton of the 32nd, Mullinax of the 30th, Busbee of the 61st and Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act authorizing and requiring the various school boards of the counties, cities and independent school systems employing school buses to cause policies of insurance to be issued on said school buses, so as to provide that the various boards of education of the counties, municipalities and independent school systems shall obtain insurance for their school buses; and for other purposes.

HB 408. By Messrs. Pinkston, Brown, Bennett, Evans and Scarborough of the 81st, Miller of the 83rd, Coney of the 82nd:
A Bill to be entitled an Act to amend an Act creating the Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County, so as to extend the period of time in which the Commis sion may function; and for other purposes.

HB 409. By Messrs. Hadaway of the 27th, Hudson of the 28th, Busbee of the 61st, Edwards of the 45th, Roach of the 10th, Knowles of the 22nd, Dailey of the 53rd and Felton of the 95th:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to preparation for and conduct of primaries and elections, so as to provide that whenever any candidate for party nomination is unopposed, his name shall appear on the primary ballot but the votes cast for him shall not be counted; and for other purposes.

HB 410. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county of this State, so as to change the minimum and maximum population figures; and for other purposes.

HB 411. By Messrs. Hill of the 94th, Brown of the 110th, Bond of the lllth, Horton of the 95th and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility, so as to redefine the term "employee" so as to include domestic employees; and for other purposes.

HB 412. By Messrs. Hill of the 94th, Bond of the lllth, Brown of the 110th and Horton of the 95th:
A Bill to be entitled an Act to amend an Act establishing a minimum wage for certain employees within the State of Georgia, so as to

574

JOURNAL OP THE HOUSE,

provide that domestic employees shall be covered; and for other pur poses.

HB 413. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act changing the method and manner of electing the members to the Board of Education of Houston County, so as to provide a procedure whereby the compensa tion of the members of the board may be changed; and for other purposes.

HB 414. By Messrs. Miller of the 83rd, Pinkston, Brown, Evans and Bennett of the 81st, Coney of the 82nd:
A Bill to be entitled an Act to amend Section 57 of an Act approved August 27, 1972, incorporating the City of Macon, so as to provide that notwithstanding any provision of said Section, the City shall have the power and authority to transfer and convey by quitclaim to the State of Georgia a certain described portion of Central City Park; and, for other purposes.

HB 415. 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 416. By Mr. Morgan of the 23rd: A Bill to be entitled an Act to amend an Act creating a new Board" of Education of Newton County, so as to change the provisions relative to the election of the members of the Board of Education; and for other purposes.
HB 417. By Mr. Morgan of the 23rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Newton County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.
HB 418. By Mr. Morgan 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 a salary, so as to change the compensation of the clerk of the Superior Court; and for other purposes.

THURSDAY, FEBRUARY 11, 1971

575

HB 419. By Mr. Morgan 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 compensation, so as to change the compensation of the Ordinary; and for other purposes.

HB 420. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner, so as to change the salary of the Tax Commissioner; and for other purposes.

HB 421. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code," so as to provide certain definitions; to require those who desire to hold or promote by advertising or otherwise a mass gathering within the State likely to attract 5,000 people or more for 12 hours or more to obtain a permit from the Department of Public Health; and for other purposes.

HB 422. By Messrs. Nunn of the 41st, Pinkston of the 81st and Knowles of the 22nd:
A Bill to be entitled an Act to amend Code Section 59-7 of the Code of Georgia, relating to juries, so as to authorize the judge, in his discre tion, to allow the dispersion of the jury during the trial of criminal and civil cases; and for other purposes.

HB 423. By Messrs. Nunn of the 41st and Pinkston of the 81st:
A Bill to be entitled an Act to amend Code Section 27-2101, relating to separate trials of persons jointly indicted, competency of defendants separately tried to testify, and order of trial in case of severancy, so as to provide that when two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be tried separately, unless the State shall waive the death penalty; and for other purposes.

HB 424. By Messrs. Nunn of the 41st, Pinkston of the 81st, Knowles of the 22nd and Levitas of the 77th:
A Bill to be entitled an Act to amend Code Chapter 59-7, relating to petit jurors for the trial of civil and criminal cases, so as to reduce the number of jurors for the trials of misdemeanors in courts other than superior courts; and for other purposes.

576

JOURNAL OP THE HOUSE,

HB 425. By Messrs. Nunn of the 41st, Pinkston of the 81st and Knowles of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 59-8, relating to juries in felony trials, so as to reduce the number of jurors impaneled for the trial of felonies; and for other purposes.

HR 138-425. By Mr. Smith of the 43rd:
A Resolution compensating the Rev. Inman Gerald; and for other pur poses.

HR 139-425. By Mr. Patterson of the 20th:
A Resolution compensating Lillian Louise Couch; and for other pur poses.

HR 140-425. By Mr. Kreeger of the 117th: A Resolution compensating Mrs. J. A. Aquirre; and for other purposes.

HR 141-425. By Mr. Morgan of the 23rd:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment, administration and maintenance of sewerage, water, sanitation, garbage collection, landfill and fire pro tection districts in Newton County; and for other purposes.

HR 142-425. By Mr. Morgan of the 23rd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unin corporated areas of Newton County and collect excise taxes in con nection with any activity at any racetrack in any area of Newton County; and for other purposes.

HR 143-425. By Messrs. Odom and Lee of the 61st, Bennett of the 71st and Jordan of the 74th:
A Resolution proposing an amendment to the Constitution so as to provide that the State Board of Education may establish, merge and consolidate school districts, upon approval of the General Assembly; and for other purposes.

THURSDAY, FEBRUARY 11, 1971

577

HR 144-425. By Messrs. Nunn of the 41st, Pinkston of the 81st, Knowles of the 22nd and Levitas of the 77th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide that a jury of less than twelve may try misdemeanor cases in the superior courts; and for other purposes.

HB 426. By Mr. Conger of the 68th:
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 provisions of said Code Section shall not affect the validity of certain contracts; and for other purposes.

HB 427. 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, shall be designated as an unsafe railroad crossing; and for other purposes.

HB 428. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to provide that the Board of Commissioners of Jefferson County may supplement the compensation presently re ceived by the Ordinary of Jefferson County; and for other purposes.

HB 429. By Messrs. Jordan and Vaughn of the 74th, Farrar, Russell, Thomason and Levitas of the 77th, Collins and Geisinger of the 72nd, Granade and Floyd of the 75th, and Bell of the 73rd:
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.
HB 430. By Messrs. Greer of the 95th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to change the provisions relative to the exercise of the power of eminent domain; to provide a certain option for owners of real property in an urban redevelopment area; and for other purposes.
HB 431. By Messrs. Miller of the 83rd, Scarborough and Bennett of the 81st:
A Bill to be entitled an Act to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide

578

JOURNAL OF THE HOUSE,

that whenever any group or blanket accident and sickness insurance policy or contract or certificate provides for reimbursement for any service which is within the lawful scope, any person covered by such policy or contract shall be entitled to reimbursement for services whether rendered by a physician or psychologist; and for other pur poses.

HR 145-431. By Messrs. Savage of the 104th, Granade and Floyd of the 75th, Egan of the 116th, Wilson of the 117th, Alexander of the 96th, Stephens of the 103rd, Geisinger of the 72nd and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the proceeds of any particular tax or fund or a part or percentage thereof may be allocated for particular purposes; and for other purposes.

HB 433. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the Ordinary; and for other purposes.

HB 434. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Chapter 24-19, relating to the jurisdiction of the Court of Ordinary, so as to provide for the appointment of temporary guardians; and for other purposes.

HB 435. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to amend an Act known as the "Develop ment Authorities Law", so as to include in the definition of the word "project" the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities; and for other purposes.

HB 436. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Chapter 26-18, Theft, of the Criminal Code of Georgia, so as to prohibit and penalize persons bring ing stolen property into this State; and for other purposes.

HB 437. By Messrs. Scarborough, Bennett and Brown of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act establishing the board of public education and orphanage for Bibb County, so as to change the

THURSDAY, FEBRUARY 11, 1971

579

number of members of the board; to change the method of selection of the members of the board; and for other purposes.

HB 438. By Messrs. Carter of the 64th, Dixon of the 65th, Bostick of the 63rd, Bennett of the 71st, Bowen of the 47th, Salem of the 51st, Hadaway of the 27th, Hudson of the 48th, and others:
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 fix the yearly opening date of the Georgia Flue-Cured Tobacco Auction Market; and for other purposes.

HB 439. By Messrs. Mullinax of the 30th, and Bray of the 31st:
A Bill to be entitled an Act to provide for the control of cigarette advertising and for requirements relative thereto; and for other pur poses.
HB 440. By Messrs. Snow of the 1st, Gunter of the 6th, McCracken of the 36th, Russell of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the qualifications of persons eligible for appointment as assistant dis trict attorneys in said circuits; and for other purposes.

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others:
A Bill to be entitled an Act to create a State Athletics Commission; to provide the jurisdiction, duties and authority of said Commission; and for other purposes.

SR 16. By Senators Kidd of the 25th, Kennedy of the 4th, Hill of the 29th and others:
A Resolution creating the Consumer Protection Study Committee; and for other purposes.

SB 19. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend Code Section 59-120, relating to the compensation of jurors and court bailiffs, so as to change the minimum and the maximum amounts allowable for court bailiffs; and for other purposes.

580

JOURNAL OF THE HOUSE,

SB 25. By Senators Webb of the llth and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act creating a juvenile court system for the State of Georgia, so as to authorize the judge of the juvenile court to hold hearings at any time or place within the judicial circuit; and for other purposes.

SB 26. By Senators Kidd of the 25th and Coggin of the 35th:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, so as to redesignate a certain code section; to provide that certain aliens shall be eligible to stand examination and upon successful completion and compliance with all requirements shall be granted license to practice medicine; and for other purposes.

SB 35. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act relating to the negotiation of contracts by the State Highway Director and the State Highway Department, so as to provide for the negotiation of contracts by the State Highway Director and the State Highway Department with incorporated munici palities; and for other purposes.

SB 47. By Senators Webb of the llth and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to remove from the involuntary separation provisions that portion relative to the failure in an election of an elected official; and for other purposes.

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 follow ing Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 271. Do Pass. HB 340. Do Pass, as Amended. HB 234. Do Pass.
Respectfully submitted, Rainey of the 47th,
Chairman.

THURSDAY, FEBRUARY 11, 1971

581

Mr. Smith of the 3rd District, Chairman of the Committee on Health and Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health and Ecology 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 162. Do Pass, as Amended. HB 87. Do Pass. HB 60. Do Pass. HB 321. Do Pass. HB 213. Do Pass. HB 266. Do Pass. HB 233. Do Pass. HB 232. Do Pass. HB 370. Do Pass.
HB 376. Do Pass. HB 371. Do Pass. HB 372. Do Pass. HB 374. Do Pass. HB 375. Do Pass. HB 360. Do Pass. HB 373. Do Pass.
Respectfully submitted, Smith of the 3rd, 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 following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 435. Do Pass. Respectfully submitted, Pickard of the 84th, Chairman.

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JOURNAL OF THE HOUSE,

Mr. McCracken of the 36th, District, Chairman of the Committee on Insur ance, 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 163. Do Pass.

HB 159. Do Pass.

Respectfully submitted,

McCracken of the 36th,

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 Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HB 244. Do Pass, by Substitute. HB 278. Do Pass. HR 77-212. Do Pass.
Respectfully submitted, Chandler of the 34th, Chairman.

Mr. Snow of the 1st 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 has instructed me to report same back to the House with the following recommendations:
HB 387. Do Pass. HB 423. Do Pass. HB 19. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

THURSDAY, FEBRUARY 11, 1971

583

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 39. By Senator 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 corporate limits of the City of Jesup; to provide for a referendum; and for other purposes.

SB 42. By Senators Chapman of the 32nd, Garrard of the 37th, Fincher of the 51st and others:
A Bill to provide for the necessary consent for the treatment of minors for venereal disease; to provide for the necessary consent for the treat ment of minors for drug abuse; to provide a certain definitions; and for other purposes.

SB 52. By Senator Broun of the 46th:
A Bill to amend an Act creating the Georgia Board of Landscape Architects and providing for the appointment of members of said board, so as to change the fee to be paid by applicants for examination; and for other purposes.

SB 65. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to amend Code Chapter 79A-99, relating to penalties for viola tion of the criminal provisions of Title 79A of the Ga. Code relating to pharmacists, pharmacy and drugs, as amended, so as to provide that whenever any person who has not been convicted of any offense under said Chapters pleads guilty or is found guilty of possession of any such drug the court may defer further proceedings and place him on proba tion upon such conditions as the court may require; and for other purposes.

SB 70. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to prohibit possession of any apparatus, device or instrument for the unauthorized use of drugs; to prohibit the possession, sale or pur chase of hypodermic syringes and hypodermic needles unless for au-

584

JOURNAL OF THE HOUSE,

thorized medical purposes; to define terms; to provide penalties; to repeal conflicting laws; and for other purposes.

SB 95. By Senator Patton of the 40th:
A Bill to amend Code Section 84-903, relating to the appointment of the Composite State Board of Medical Examiners, as amended, so as to change the manner in which the Governor shall make appointments to the Board; and for other purposes.

The Senate has adopted the following Resolution of the House, to-wit:
HR 152. By Mr. Mullinax of the 30th: A Resolution commending the commercial broadcasting industry; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1. By Mr. Smith of the 43rd and others: A Bill to authorize the Governor as Chief Executive, within constitu tional and other limitations, to direct and effectuate the reorganization of any one or more departments, agencies, of the Executive Branch of State Government, or of any functions thereof; and for other purposes.
By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 332. 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 Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, by changing the salary provisions therein; by providing that the tax commissioner shall have authority to appoint such personnel as he shall deem necessary and to prescribe their 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 115, nays 0.

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

THURSDAY, FEBRUARY 11, 1971

585

HB 333. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Peach County upon an annual salary in lieu of the fee system of compen sation, so as to delete the requirement that the ordinary serve as the clerk of the board of commissioners of Peach 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 334. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Peach County, as amended, so as to delete the require ment that the ordinary of Peach County shall be clerk of the board of commissioners; to provide that the board shall employ and compensate a clerk of its own choosing; and for other purposes.

The report 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 338. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County to levy and collect a tax on mobile home rental units and mobile home sites located within 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

586

JOURNAL OF THE HOUSE,

HB 339. By Messrs. Pickard, Pearce and Buck of the 84th, Berry of the 85th and King and Davis of the 86th:
A Bill to be entitled an Act to amend an Act creating the Muscogee County School District, as amended, so as to provide that no member of the Muscogee Board of Education shall be eligible for reappointment after such member has served two consecutive full terms on 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 115, nays 0.

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

HB 346. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Cobbtown in the County of Tattnall, as amended, so as to change the corporate limits of said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

HB 348. By Mr. Shanahan of the 8th:
A bill to be entitled an Act to create and establish an Airport Authority for the City of Calhoun and Gordon County, and to authorize such Au thority to acquire and maintain all necessary property appertaining to such undertaking; and for other purposes.

The report 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.

THURSDAY, FEBRUARY 11, 1971

587

HB 349. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to change the compensation of the deputy sheriffs 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 115, nays 0.

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

HB 350. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act placing the sheriff, ordi nary and clerk of the superior court of Wilkes County upon an annual salary, as amended, so as to change the compensation of the ordinary; 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 115, nays 0.

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

HB 351. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, as amended, so as to redefine the city limits of the City of Lyons; and for other purposes.

The report 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.

588

JOURNAL OF THE HOUSE,

HB 358. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, as amended, so as to abolish the office of spe cial investigator; and for other purposes.

The report 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 359. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to abolish the office of treasurer of Clarke County; to provide that the board of commissioners of Clarke County shall appoint depositories for County funds; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 362. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner of Bartow County; as amended, so as to change the compensation of the Tax Commissioner of Bartow 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.

THURSDAY, FEBRUARY 11, 1971

589

HB 363. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the Superior Court, and the ordinary of Bartow County on a salary basis instead of a fee basis, as amended, so as to change the compensation of the sheriff of Bartow 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 364. By Messrs. Harris, Poole and Roach of the 10th: A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Bartow County, as amended, so as to change the com pensation of the Commissioner of Bartow County; 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.

HB 365. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis instead of a fee basis, as amended, so as to change the compensation of the Clerk of the Superior Court of Bartow 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.

590

JOURNAL OF THE HOUSE,

HB 366. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis instead of a fee basis, as amended, so as to change the compensation of the Ordinary of Bartow 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 367. By Messrs. Harris and Roach of the 10th:
A Bill to be entitled an Act to designate as depositories for public and trust funds the treasury in counties of Georgia having a population of not less than 32,350 nor more than 32,700; to authorize the various county officers and officers of court to deposit in the treasury any funds in their custody not required for immediate disbursement; and for other purposes.

The report 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 388. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to amend an Act incorporating the Town of Warrenton, as amended, so as to change the salary of the mayor and council; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 11, 1971

591

HB 389. By Mr. Carter of the 64th:
A Bill to be entitled an Act to reincorporate the City of Pearson in the County of Atkinson; to create a new charter for said city; to prescribe the corporate limits of said city, to provide for the government 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.

HR 130-360. By Messrs. Brown and Melton of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize an increase in retirement benefits of retired employees of the City of Griffin; 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 GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the Board of Trustees of the Griffin Employees Aid Fund of the City of Griffin is hereby authorized to provide from time to time for the increase of retirement benefits of those per sons who have retired under the provisions of the retirement system of said City, as well as those employees who retire in the future. All funds of such retirement system may be utilized for the purpose provided herein."
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 an increase in retirement benefits
NO ( ) of retired employees of the City of Griffin?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All person 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks

Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Drury Edwards Evans Ezzard Pelton Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter

Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Leggett Levitas Lewis Logan Longino Lowrey Marcuss Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble

THURSDAY, FEBRUARY 11, 1971

593

Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman

Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Dean, G. B. Dean, J. E. Dorminy Egan Farrar Floyd, L. R.

Grahl Hood Lane, W. J. Mason Matthews, D. R. Pickard

Rainey Russell, W. B. Snow Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 178, nays 0.

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

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

SB 3. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Surface Mining Act of 1968", so as to redefine certain terms; to define "government securities"; to authorize the Board to decline to assert

594

JOURNAL OF THE HOUSE,

jurisdiction under this Act under certain conditions; to clarify the pro visions relating to annual license fees; and for other purposes.
Referred to the Committee on Natural Resources.

SB 30. By Senators Smith of the 18th, Kidd of the 25th and Carter of the 14th: A Bill to be entitled an Act to provide for health and safety require ments in metal and nonmetallic mines; and for other purposes.
Referred to the Committee on Natural Resources.
SB 32. By Senator Johnson of the 38th: A Bill to be entitled an Act to create a Statewide tenure law for all ad ministrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.
Referred to the Committee on Education.

SB 36. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 34-604, relating to deputy registrars, so as to provide that principals of public high schools shall be deputies to the Board of Registrars for the purpose of register ing qualified applicants; and for other purposes.
Referred to the Committee on State of Republic.

SB 40. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as the "Trial Judges and Solicitors' Retirement Fund Act", so as to remove the provision prohibiting trial judges and solicitors of inferior courts from practicing law while receiving retirement pay; and for other purposes.
Referred to the Committee on Retirement.

SB 43. By Senators Riley of the 1st, Searcey of the 2nd and Zipperer of the 3rd:
A Bill to be entitled an Act to create a local tenure law for all ad ministrative and teaching personnel of the Board of Public Education for the City of Savannah and County of Chatham, except those who work directly under a state or local merit system; and for other pur poses.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

THURSDAY, FEBRUARY 11, 1971

595

SB 45. 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 provide for the appoint ment of one additional deputy sheriff whose responsibility is to serve petitions, summons and processes and whatever else may be made sub ject of order of the Judge of the Juvenile Court of Walker County, and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

SB 50. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 100-1, relating to State Depositories, so as to change the times which the State Depository shall meet; to place additional duties upon the Board; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 62. By Senators London of the 50th and Overby of the 49th:
A Bill to be entitled an Act to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts relating to indeterminate sentences, so as to provide for opening and closing arguments of counsel in pre-sentence hearings; and for other purposes.
Referred to the Committee on Judiciary.

SB 79. By Senator Henderson of the 33rd:
A Bill to be entitled an Act to provide that the clerk of the Civilcriminal court of certain counties shall be entitled to membership in any retirement system created by the governing authority of said counties; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

SB 81. By Senator Henderson of the 33rd:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for clerks of the superior courts of Georgia, so as to provide that clerks of certain counties shall be entitled to membership in the retirement fund; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

596

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

HR 133-360. By Messrs. Smith, Cole and Turner of the 3rd, Smith of the 43rd, Gary, Lee and Northcutt of the 21st, Carr of the 35th, Dean of the 19th, Maxwell of the 17th and Peters of the 2nd:
A RESOLUTION
Relative to grants to municipalities; and for other purposes.
WHEREAS, the General Assembly has enacted legislation relative to grants of State funds to municipalities, and such legislation is based to a large degree on the population of municipalities as contained in the official United States Decennial Census; and
WHEREAS, such legislation provides that all incorporated munici palities which meet certain criteria shall be entitled to receive a portion of such grants; and
WHEREAS, in the United States Decennial Census of 1970, sever al incorporated municipalities in the State of Georgia were omitted from the United States Census, which might possibly cause these mu nicipalities to be deprived of their rightful grants under the aforesaid legislation unless the General Assembly takes further action thereon; and
WHEREAS, this omission occurred through no fault or negligence whatsoever on the part of the officials of the municipalities involved, and it is only just and proper that action be taken to allow these mu nicipalities to participate in the distribution of the aforesaid grants; and
WHEREAS, the incorporated municipalities which are known to have been omitted from the 1970 Census are the municipalities of Cohutta, Mountain View, Oconee, Rayle, Summertown, Tunnel Hill and Varnell, although it is possible that other incorporated municipalities might have been omitted from such census.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the above designated incorporated mu nicipalities and others similarly situated are hereby empowered to par ticipate in the proceeds of the grants provided under the aforesaid legislation if they meet the requirements of such legislation with the ex ception of being listed in the United States Decennial Census. The State Treasurer is hereby authorized and directed to obtain, to the best of his ability, population figures for such municipalities in order that he might properly distribute the grants as provided in said legislation. The State Treasurer is hereby relieved of any liability in such dis tribution.

THURSDAY, FEBRUARY 11, 1971

597

The following amendment was read and adopted:

Mr. Maxwell of the 17th moves to amend HR 133-360 as follows: By adding in line 24 before the word "Cohutta" the following: "Arnoldsville,".

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Brantley, H. H. BBrraayn-tley, H. L.
Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Eusbee Can-
Carter Chance Chappell Cheeks Clements

Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dorminy Drury Egan Evans Ezzard Pelton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer

Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

598
Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Murphy Nessmith

JOURNAL OF THE HOUSE,

Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd

Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Bo wen Chandler Collier Colwell Dean, J. E. Dean, N. Edwards

Farrar Gunter Hill, B. L. Hood Jessup Longino Lowrey Moore

Mullinax Northcutt Pickard Roach Russell, W. B. Smith, J. R. Ware Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 171, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted and amended.

Mr. Dean of the 19th stated that he had been called from the floor of the House when the roll was called on HR 133-360, as amended, and wished to be re corded as voting "aye."
By unanimous consent, HR-133-360 was ordered immediately transmitted to the Senate.

THURSDAY, FEBRUARY 11, 1971

599

HB 92. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:

A BILL
To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes pro vided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are hereby appropriated as supple mentary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.

Section 1. Superior Courts.

A. Operations. 1970-71 .__-_---_------------------_-----------_..._...-.....--...__.-.-..$ 139,259.00

B. Office of District Attorneys. 1970-71 ........__.._._------__-----_-.-_____________-$ 290,370.00

Section 2. Bureau of State Planning and Community Affairs.

A. Operations. 1970-71 _.__--_..._......__--------_.------------.___._..$ 30,000.00

B. Grants to Area Planning and Development Commis sions.
1970-71 _.__...._____...._.._._.._.._____--____--___--__$ 13,563.00

Section 3. Department of Labor--Employment Securi ty Agency.
1970-71----.----.____-__-~~_-__.________

--0--

Changed objects: Personal Services ..___,,__,,.._,,_$ 598,267.00 Operating Expenses .--_._.,,____$1,215,424.00

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Section 4. Department of Revenue, Motor Vehicle Tag Purchases.
1970-71 _____.______________________,,__________________$ 359,152.00

Section 5. Game and Fish Commission, Coastal Marsh lands Protection Agency.
1970-71 _-____-__---___________________________.,,___$ 11,480.00

Section 6. Department of Parks. 1970-71 ____._____.._.__._._..,,_____.____._._____

--0--

Changed objects: Personal Services _____-______________$1.886,716.00 Operating Expenses ________._..._._.___$1,079.240.00 Capital Outlay ___-_._____________._._$l,358,493.00

Section 7. Department of Public Health, Medical As sistance Program.

Grants--Benefit Payments 1970-71 __________-____-______.______-__-_________-________$9,126,400.00

Section 8. Department of Education. Grants
1970-71 ______.__________.__________________________._______$ 76,200.00

Section 9. State Board of Regents. 1970-71 _______-________________________.___-__________________.$l,753,700.00

Section 10. Governor's Emergency Fund. 1970-71 ________________________________.-_____________.$ 209,047.00

Section 11. All expenditures and appropriations made and authorized under this Act shall be according to the ob jects and for the programs and activities as specified in the Governor's recommendations contained in the supplemental Budget Report submitted to the General Assembly at the regular 1971 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is au thorized to make internal transfers within a budget unit between objects and programs subject to the conditions that no funds whatsoever shall be transferred for use in initiat ing or commencing any new program or activity not currently 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

THURSDAY, FEBRUARY 11, 1971

601

of at least eleven (11) members of the Fiscal Affairs Sub committees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the 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 Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allo cation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 12. In the event it is determined by the Bud get Bureau that the total funds in the State Treasury in the fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).
The amount of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wher ever possible and in the event any part of the appropria tions provided in the foregoing 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.

TOTAL SUPPLEMENTARY APPROPRIATION
1970-71 __._.____..__......_...... $12,009,171.00
Section 13. Wherever in this Act the term "Changed Objects" is used, it shall mean that the object classification following such term shall be changed to the amounts following such object classifications from the amounts approved by the 1970 General Assembly.
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

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The following Committee substitute was read:

A BILL

To be entitled an Act to amend an Act providing appropria tions for the fiscal years 1969-70 and 1970-71 known as the "General Appropriations Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), as amended by an Act approved February 21, 1970 (Ga. Laws 1970, p. 32), so as to change the appropriations of certain agencies of the state for the remainder of the fiscal year ending June 30, 1971; to make language and object class changes; 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 to reductions for the fiscal year ending June 30, 1971.
Section 1. An Act providing appropriations for the fiscal years 1969-70 and 1970-71 known as the "General Appropriations Act", ap proved April 28, 1969 (Ga. Lf.ws 1969, p. 880), as amended by an Act approved February 21, 1970 (Ga. Laws 1970, p. 32), is hereby amended by striking from Section 24, relating to the Department of Public Safety, the figure "$15,808,575" and inserting in lieu thereof the figure "$15,658,575", and by striking the following:

"Personal Services _,,__-._____._,,.__.______-_____,,_________.____.._____.$ 11,987,286.00"

and inserting in lieu thereof the following: "Personal Services ....___...__....____...._....................,,..,,....._.$ 11,837,286.00".

Section 2. Said Act is further amended by striking from Section 28A., relating to the Department of Revenue, the figure "$14,530,328" and inserting in lieu thereof the figure "$14,280,328", and by adding the following:
"Changed object:
Personal Services .---_,,._..-_-___-__.___.._....__..._..,,.....$ 10,875,328.00".

Section 3. Said Act is further amended by striking from Section 36K(a), relating to the Department of Parks, the figure "$2,199,855" and inserting in lieu thereof the figure "$2,149,855".

Section 4. Said Act is further amended by striking from Section 37A., relating to the State Board of Corrections, the figure "$15,519,030" and inserting in lieu thereof the figure "$15,319,030", and by adding the following:
"Changed object:
Personal Services ...........................__.,,_,,._,,_,,,,,,._,,$ 9,770,200.00".

THURSDAY, FEBRUARY 11, 1971

603

Section 5. Said Act is further amended by striking Section 37 B., relating to authority lease rentals of the State Board of Corrections, in its entirety and inserting in lieu thereof a new Section 37 B. to read as follows:

"B. Capital Outlay--Authority Lease Rentals--Annual Lease Payments to Georgia Building Authority, (Penal).

1970-71 ..............-..__-_-_,,._.____._____._--._-__.___-.$ 1,273,000.00

Provided, that from the above appropriated amount, $433,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Penal) to permit the issuance of bonds to finance new projects, $273,000.00 of which shall be used for the purpose of constructing a new prison for women, and $160,000.00 of which shall be used for the purpose of constructing a work release facility."

Section 6. Said Act is further amended by striking from Section 40A., relating to the State Board of Education and the Department of Education, the figure $400,660,810.90" and inserting in lieu thereof the figure "$398,710,810.90", and by changing the object classes to the amounts listed hereinafter as follows:

"Teacher's Salaries _._________.._.,,__._______._----_------$229,437,279.00 Other Certificated Professional
Personnel Salaries --_______________------________-...__$ 38,235,083.00 Maintenance, Operation and Sick Leave .__.___________..$ 41,915,544.00 Mid-term Adjustment ...-....--_----.....,,.-..--------...------.$ --0-- ".

Section 7. Said Act is further amended by striking from Section 46A., relating to the State Board of Regents, the figure $158,630,600" and inserting in lieu thereof the figure $158,130,600", and by adding after "Changed Objects" the following:
"Teacher's Retirement _._--_..----_-_____--------__-__.$ 9,501,000.00".

Section 8. Said Act is further amended by striking from Section 49E., relating to grants to counties for administration and services under the Department of Family and Children Services, the figure "$10,526,255" and inserting in lieu thereof the figure "$9,626,255", and by striking the following:
"Grants to Counties _____..._._,,._.._.______,,-----------------$ 30,189,900.00"
and inserting in lieu thereof the following:
"Grants to Counties ..,,,,,,,,.............._.-....._._...--_,,.__-._._-$ 28,000,000.00".
Section 9. Said Act is further amended by striking from Section 49F., relating to Youth Institutions under the Department of Family

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and Children Services, the figure "$9,458,900" and inserting in lieu thereof the figure "$7,058,900", and by adding the following:

"Changed object: Capital Outlay _ ___...._..___._.................$ 100,000.00".

Section 10. Said Act is further amended by striking from Section 50A., relating to Capital Outlay--Authority Lease Rentals under the Department of Public Health, the figure "$5,884,000" and inserting in
lieu thereof the figure "$5,684,000", and by adding the following:

"Changed object: Authority Lease Rentals ._.-.....-._-.-._.-___.._.__..$ 5,684,000.00".

Section 11. Said Act is further amended by striking from Sec tion 50B., relating to Central State Hospital under the Department of Public Health, the figure "$34,875,551" and inserting in lieu thereof the figure "$34,735,551", and by changing the object classes as follows:
"Personal Services _-_____,,._.-....-.-.._.-___............,,-..-...$ 27,861,256.00
Operating Expenses ____......._......-.-.-_.__..._...........__-.....$ 8,734,721.00".

Section 12. Said Act is further amended by striking from Section 50C., relating to the Georgia Mental Health Institute under the De partment of Public Health, the figure "$6,304,200" and inserting in lieu thereof the figure "$6,134,200", and by changing the object classes as follows:

"Personal Services ......-...--_-_____-_-._.-._..--.-.--_____.._.-......$ 5,020,117.00 Operating Expenses .-.....--__-_____.-,,_---.--..-.-.-._________......$ 1,561,055.00".

Section 13. Said Act is further amended by striking from Section 50D, relating to the Georgia Regional Hospital at Atlanta under the Department of Public Health, the figure "$5,.557,900" and inserting in lieu thereof the figure $5,217,900", and by adding the following:

"Changed objects: Personal Services ..__...._.___...._...._........_.._._..._,,,,.......$ 4,117,506.00 Operating Expenses .__...___.____-._.........___.___.__...,,.....__ $ 1,283,514.00".

Section 14. Said Act is further amended by striking from Section 50E., relating to the Georgia Regional Hospital at Augusta under the Department of Public Health, the figure "$4,041,300" and insertting in lieu thereof the figure "$3,821,300", and by adding the following-:
"Changed objects:
Personal Services ......_.-___-__._______......,,____._____.....$ 3,017,375.00
Operating Expenses ..........--.---_-_.___--.-........,,_____ $ 839,925.00".

THURSDAY, FEBRUARY 11, 1971

605

Section 15. Said Act is further amended by striking from Section 50P., relating to the Georgia Regional Hospital at Savannah under the Department of Public Health, the figure "$3,160,000" and inserting in lieu thereof the figure "$2,660,000", and by adding the following:

"Changed objects: Personal Services ________________.._._._._._,,_._..._ $ 2,139,144.00 Operating Expenses ......___......__..._._.......,,......$ 520,856.00".

Section 16. Said Act is further amended by striking from Section 50K., relating to Regular Operations under the Department of Public Health, the figure "$19,728,578" and inserting in lieu thereof the figure "$18,878,578", and by adding after "Changed objects" the fol lowing :
Personal Services ___..__....-_...,,..__..___.._....__.._.__.......___.$ 11,174,294.00"

and by striking the following: "Grants __----------------__._.,,.__-_..................$ 10,429,113.00"

and inserting in lieu thereof the following: "Grants in Aid _____________________________________________.___.__$ 9,786,221.00".

Section 17. Said Act is further amended by striking from Section 50L., relating to Southwestern State Hospital under the Department of Public Health, the figure "$5,664,000" and inserting in lieu thereof the figure "$5,584,000", and by adding the following:

"Changed object: Personal Services _.__-_--_._._..__.__......._._..$ 4,558,300.00".

Section 18. Said Act is further amended by striking from Section 50M., relating to the Tuberculosis Control Program under the Depart ment of Public Health, the figure "$3,881,700" and inserting in lieu thereof the figure "$3,741,700", and by adding the following:

"Changed objects: Personal Services ._...__,,,,____........_...._......_._...._.,,$ 3,590,723.00 Operating Expenses --___---___,,_._,,_________......_....$ 822,157.00".

Section 19. Said Act is further amended by striking from Section 13, relating to the Department of Defense, the following:
"Capital Outlay .....____._.....___..___...........$ --0--

and inserting in lieu thereof the following: "Operating Expenses ._._._._.___.._.____....._..____._.$ Capital Outlay ...........__.____._._._._._._.__.___.$

514,635.00 4,141.00

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Providing that the funds in Capital Outlay shall be used to complete the National Guard Armory at Winder, Georgia."

"Section 20. The total amount of the reductions provided in the preceding Sections in this Article I. is $9,040,000.

ARTICLE II.

Be it further enacted that the sums of money hereinafter provided in this Article II. are hereby appropriated as additional appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes pro vided for herein.

Section 21. Superior Courts.

A. Operations. 1970-71 .... ...... --

.--._.__..$ 139,259.00

B. Office of District Attorneys. 1970-71 -..-.----__-.-....----__..-.-_-.,,-__.- $ 240,000.00

Changed object: Personal Services _______......___,,________._..._________.__.._...$ 240,000.00.

Section 22. Bureau of State Planning and Community Affairs.

A. Operations. 1970-71 .......... ....-_--__...---...---$

10,000.00

Changed object: Operating expenses _..._......-.....-....._.............__........$

10,000.00

Provided that Georgia's share of the compensation of the State Representative of the Coastal Plains Regional Commission shall not ex ceed $10,000 per annum.

Provided that the Bureau of State Planning and Community Af fairs is hereby authorized to expend $70,000.00 of the funds originally carried forward for the contract with the Institute of the Future, for the purpose of contracting for a study to develop an interindustry system for planning economical development in Georgia.

B. Grants to Area Planning and Development Commissions. 1970-71 ........_.._._.._...__.._...__-._________-__--$ 13,563.00.

THURSDAY, FEBRUARY 11, 1971

607

Section 23. Department of Labor-Employment Security Agency.

1970-71 _____.______,,.____._,,___---____$

-0-

Changed objects: Personal Services __._,,.._.... ,,,,,,,,__-__.. $ 598,267.00 Operating Expenses _,,_,,__,,,,_------- $ 1,215,424.00.

Section 24. Department of Revenue, Motor Vehicle Tag Purchases. 1970-71 _____...-.--_.___-__..-....____..____._..-____.-.-..-..-..-$ 359,152.00.

Section 25. Game and Pish Commission, Coastal Marshlands Pro tection Agency.

1970-71 ...-_...__--_------_..-... ..-._.____-.-..-__-.-...-.....____$

-0-

The State Game and Pish Commission is hereby authorized to utilize existing appropriations to fund the activities relative to the above Agency which is described in the Governor's recommendations contained in the Supplemental Budget Report submitted to the General Assembly at the regular 1971 session.

Section 26. Department of Parks. 1970-71 _._,,_.,,_..________--_--_-__.$

80,000.00

Changed objects: Personal Services ___,,.,,,..__......._,..._-____...___............$ 1,886,716.00 Operating Expenses .____._.._.____.__.,,___________............$ 1,079,240.00 Capital Outlay ----.,,----.-.$ 1,358,493.00

The above sum of $80,000.00 shall only be utilized in the acquisition cost of Tanner's Beach but the Budget Bureau shall reduce said amount by a sum equal to the amout of Federal participation in said acquisi tion cost.

Section 27. Department of Public Health, Medical Assistance Pro gram.

Grants--Benefit Payments 1970-71 ___._____-._-__-__-.-.............____-......._-_____......$ 9,126,400.00.

Section 28. Department of Education.

Grants 1970-71 _.._,,-_______.____$

76,200.00.

608

JOURNAL OF THE HOUSE,

Section 29. State Board of Regents. 1970-71 -._....__._..._.._.......................-...._-.____.._,,..____...$ 1,503,700.00

Changed object: Capital Outlay .....-.--__....-.__._______-..-._..........$ 977,700.00.

Section 30. Governor's Emergency Fund. 1970-71 ,,__----- ---- ______,,$ 224,000.00.

Section 31. Department of Agriculture. 1970-71 -_,,-----,,------.__-------_,,--------_--------$

15,000.00

Provided that the above amount shall be used to purchase and in stall a sampling machine and scale at the Foundation Seed operation at Plains, Georgia.

Section 32. Department of Public Safety. 1970-71 -------------------------------------$ 122,000.00

Object Classes: Personal Services ------------------_------------.$ Operating Expenses --------------------------. $

60,000.00 62,000.00

Provided that the above amount shall be utilized relative to 15 un dercover agents, six laboratory scientists, and the related operating ex penses.

Section 33. Secretary of State--Combined Divisions.

1970-71 __-

__ ... ,,--------------------$

15,000.00

Provided that the above amount shall be utilized to carry out the provisions of Code Chapter 91-4 relative to the inventory of real prop erty requirements relating to the acquisition or disposition of real prop erty.

Section 34. State Treasurer. 1970-71 --_----------_-------------- $

3,300.00

Object Class: Operating expenses --------------_--------_------.$

3,300.00.

Section 35. State Board of Education--Department of Education. Capital Outlay--Authority Lease Rentals.
1970-71 --------------------------_.------ $ 633,161.00

THURSDAY, FEBRUARY 11, 1971

609

Object Classes:
Authority Lease Rental Payments to the Georgia Education Authority (schools) on behalf of school systems ____..__._.__._.__--...__.__.____.._.$ 622,469.00

Authority Lease Rental Payments to the Georgia Education Authority (schools) on behalf of Education Department facilities ._.__.._....___.._________-.___$ 10,692.00.

Section 36. All expenditures and appropriations made and autho rized in Article II hereof shall be according to the objects and for the programs and activities as specified in the Governor's recommenda tions contained in the Supplemental Budget Report submitted to the General Assembly at the regular 1971 session, except as otherwise speci fied in this Act.
Section 37. The total amount of the additional appropriations pro vided in the preceding Sections of this Article II is $12,560,735.00.
Section 38. All expenditures and appropriations made and autho rized under this Article II shall be according to the objects and for the programs and activities as specified in the Governor's recommendations contained in the Supplemental Budget Report submitted to the General Assembly at the regular 1971 session, except as otherwise specified in this Article II. 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 funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium, and pro vided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Sec tion shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropri ations 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 violation of any amend ments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for trans fers.
Section 39. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in the fiscal year in which ap propriations are made in the foregoing Sections of this Article are to,

610

JOURNAL OF THE HOUSE,

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, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).

The amount of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wherever possible, and in the event any part of the appro priations provided in the foregoing Sections of this Article 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.

Section 40. Wherever in this Article the term "Changed Objects" is used, it shall mean that the object classification following such term shall be changed to the amounts following such object classifications from the amounts approved by the 1970 General Assembly.

ARTICLE III.

Section 41. This Act shall become effective upon its approved by the Governor or upon its becoming law without his approval.

Section 42. All laws and parts of laws in conflict with this Act are hereby repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering HB 92, designating Mr. Floyd of the 7th as Chairman thereof.

The Committee of the Whole arose and through its Chairman, Mr. Floyd of the 7th, reported HB 92 back to the House with the recommendation that the same Do Pass, by substitute, as amended by the Committee of the Whole.

The following amendments to the Committee substitute were read and adopted:
The Committee of the Whole moves to amend the Committee sub stitute to HB 92, Article 11, Section 21-B by striking the term "Changed object" and inserting in lieu thereof the term "Object Class".
The Committee of the Whole moves to amend the Committee sub stitute to HB 92, Article 11, Section 22-A by striking the term "Changed object" and inserting in lieu thereof the term "Object Class".
The Committee of the Whole moves to amend the Committee sub-

THURSDAY, FEBRUARY 11, 1971

611

stitute to HB 92, Article 11, Section 29 by striking the term "Changed object" and inserting in lieu thereof the term "Object Class".

The Committee of the Whole moves to amend the Committee substi tute to HB 92, Article 11, Section 31 by adding the following:

"Object Class Operating Expenses ......._._..._._..........._.._..._.$15,000".

The Committee of the Whole moves to amend the Committee substi tute to HB 92 by striking from Section 22 of Article 11 on page 7, lines 4 through 9 and adding the following:

"Provided that the Bureau of State Planning and Community Af fairs is hereby directed not to expend $70,000 of the funds originally carried forward for the contract with the Institute of the Future on such contract but is authorized to expend $70,000 of such funds for the purpose of contracting for a study to develop an inter-industry system for planning economical development in Georgia."

The Committee of the Whole moves to amend the Committee substi tute to HB 92 by adding after the word "agents" on line 1 of page 9, the following:

"for use as narcotic investigators".

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 ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell

Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W.

612

JOURNAL OP THE HOUSE,

Dean Gib
Dean, J. E.
Dean, N. Dent
Dixon Dorminy Drury
Edwards Egan
Evans Ezzard Farrar
Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison
Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R.

Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles ivniford
Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce

Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts Reaves Roach Ross Rush
Russell, A. B.
Russell, H. P. Russell, W. B. Salem Scarborough Shanahan
Shepherd Sherman
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Townsend
Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Savage.

Those not voting were Messrs.:

Alexander, W. M.

Noble

Granade

Rainey

Greer

Thompson Mr. Speaker

THURSDAY, FEBRUARY 11, 1971

613

On the passage of the Bill, by substitute, as amended, the ayes were 187, nays 1.

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

Mr. Rainey of the 47th stated that he had been called from the floor of the House when the roll was called on HB 92, by substitute, as amended, and that he wished to be recorded as voting "aye".

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

HB 1. By Messrs. Smith of the 43rd, Busbee of the 61st, Murphy of the 19th, Lambert of the 25th, McCracken of the 36th, Lee of the 61st, Edwards of the 45th, Lee of the 21st, Chandler of the 34th and Melton of the 32nd:
A Bill to be entitled an Act to authorize the Governor as Chief Executive, within constitutional and other limitations, to direct and effectuate the reorganization of any one or more departments, agencies, of the Executive Branch of State Government, or of any functions thereof; and for other purposes.

The following Senate amendments were read:
AMENDMENT NO. ONE
Senator Holloway of the 12th moves to amend HB 1 by striking Section 4 (b) in its entirety and substituting in lieu thereof a new Section 4 (b) to read as follows:
(b) Whenever a plan or plans of reorganization is or are proposed by the Governor pursuant to subsection (b) or subsection (c) of Section 2 of this Act, he shall submit to the Clerk of the House and to the Secretary of the Senate and the constitutional officer or officers if required under Section 2(c) a copy of said plan or plans setting forth the details of said proposed reorganization and the reasons therefor at least fifteen (15) days prior to the first day of the next regular or extra ordinary session of the General Assembly. Each said plan or plans of reorganization filed with the Clerk of the House and Secretary of the Senate shall automatically be ratified and approved by the General Assembly unless such plan or one or more sections thereof be disap proved in the following manner:
Any plan presented as provided herein shall be presented in each house of the General Assembly in the same form as a bill. Within fif-

614

JOURNAL OF THE HOUSE,

teen (15) days thereafter, each house shall have the opportunity of considering whether to disapprove any section of the reorganization plan or to reject the entire plan. In order to consider whether to delete any section of such plan a majority of a quorum of the body considering such plan shall be required. In order to delete a section of the plan a constitutional majority of the members of the body considering such plan shall be required. In order to defeat the entire plan a constitutional majority of the members of the body considering such plan shall be
required.

All plans which are not rejected in the foregoing manner within fifteen (15) days of their submission to the General Assembly shall automatically be ratified and approved as submitted except that those sections deleted by vote of a constitutional majority of either House shall not be a part thereof. Said ratified plans shall constitute a repeal of all laws then in conflict with said ratified plan or plans of reor ganization.

AMENDMENT NO. TWO

Senators Herndon of the 10th and Coverdell of the 56th move to amend HB 1 as follows:
(1) By adding in the title in line 1, p. 1, before the word "auth orize" the words "charge and".
(2) By adding in the first paragraph of Section 2 in line 18, p. 2, before the word "authorized" the words "charged and".
(3) By adding in Section 2 (a) in line 25, p. 2, after the word "Governor", the words "is charged and".
(4) By adding in Section 2(b) in line 29, p. 2, after the word "Gov ernor" the words "is charged and".
(5) By adding in Section 2(c) in line 5, p. 3, after the word "Governor", the words "is charged and".
AMENDMENT NO. THREE
Senator Gillis of the 20th moves to amend HB 1 as follows:
By deleting Line 6 on Page 6 and substituting in lieu thereof the following:
"of the Governor or the General Assembly."

THURSDAY, FEBRUARY 11, 1971

615

The following amendment to the Senate amendments was read:

Mr. Pelton of the 95th moves to amend Senate amendment No. 1 to HB 1 by deleting the words and numbers "fifteen (15)" in line 2 of the last paragraph and substituting in lieu thereof the words and numbers "twenty (20)"; and by adding after the word "Assembly" in line 2 of the last paragraph, the words, "except for days during which the General Assembly may be in recess,".

On the adoption of the House amendment to the Senate amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Barfield Bell Bennett, J. T. Blackshear Bostick Bowen Brantley, H. H. Buck Carter Clements Collins, M. Collins, S. Colwell Conger Connell Davis, W. Drury Felton

Floyd, J. H. Floyd, L. R. Geisinger Gunter Harrington Harrison Howard Hudson, Ted Jones, J. R. Keyton Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Le vitas Matthews, D. R. McCracken

Miles Mulherin Murphy Nessmith Noble Northcutt Patten Pearce Peters Phillips, W. R. Pinkston Reaves Ross Russell, H. P. Salem Smith, H. R. Westlake Wilson

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bennett, Tom Berry Black Bohannon Bond Bray Brown, B. D. Brown, C.

Brown, S. P. Burruss Busbee Carr Chance Chandler Chappell Cheeks Cole Collier Coney, G. D. Coney, J. L. Cook Dailey

Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dixon Dorminy Edwards Egan Evans Ezzard Farrar Fraser Gary

616
Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harris Hawes Hays Horton Housley Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan King Knowles Lambert Lee, W. J. (Bill) Lee, W. S.

JOURNAL OF THE HOUSE,

Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mullinax Nunn Odom Oxford Patterson Phillips, G. S. Phillips, L. L. Pickard Poole

Rainey Roach Rush Russell,,A.B. Russell, W. B. Savage Scarborough Shanahan Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wheeler, Bobby Whitmire Williams

Those not voting were Messrs:

Alexander, W. M. Brantley, H. L. Dent Hill, B. L. Hill, G. Hood

Howell Longino Potts Shepherd Stephens Strickland

Townsend Wamble Ware Wheeler, J. A. Wood Mr. Speaker

On the adoption of the House amendment to the Senate amendment, the ayes were 56, nays 121.
The House amendment to the Senate amendment was lost.

The following amendment to the Senate amendments was read:

Mr. McCracken of the 36th moves to amend Senate amendment No. 1 to HB 1 by adding a new paragraph at the end of said amendment to read as follows:

THURSDAY, FEBRUARY 11, 1971

617

"Any objections made to any plan submitted shall take precedence over all other business then pending in the body considering any such objection."

On the adoption of the House amendment to the Senate amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Barfield Battle Bell Bennett, J. T. Black Bostick Bowen Brantley, H. L. Buck Carr Carter Cheeks Collins, M. Collins, S. Colwell, C. Conger Connell Dailey Davis, W. Dorminy Drury Felton Floyd, J. H.

Floyd, L. R. Griffin Gunter Ham Harrington Harris Harrison Hill, B. L. Horton Housley Howard Howell Hudson, Ted Hutchinson Jones, Herb Jones, J. R. Keyton Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Levitas Lewis Matthews, D. R.

McCracken McDaniell Miles Moore Morgan Mulherin Murphy Nessmith Noble Northcutt Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Reaves Ross Rush Russell, H. P. Salem Smith, H. R. Thompson Westlake Wilson

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alien Atherton Bennett, Tom Berry Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss

Busbee Chance Chandler Chappell Clements, C. Cole Coney, G. D. Coney, J. L. Cook Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N.

Dixon Edwards Egan Evans Ezzard Farrar Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham

618
Greer Hadaway Hamilton Hawes Hays Hudson, C. M. Isenberg Jessup Johnson Jordan King Knight Knowles Lambert Lee, W. J., (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason

JOURNAL OF THE HOUSE,

Matthews, C. Mauldin Maxwell
McDonald Melton
Merritt Milford Miller Moyer Mullinax Nunn
Odom Oxford Patterson Phillips, L. L. Pickard Poole Rainey Roach Russell, A. B. Russell, W. B.

Savage Scarborough Shanahan Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason
Toles Triplett
Tripp Turner Vaughn Ware Wheeler, Bobby Whitmire Williams
Wood

Those not voting were Messrs.:

Alexander, W. M. Blackshear Collier Dent Hill, G.

Hood Longino Potts Shepherd Stephens

Strickland Townsend Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the House amendment to the Senate amendment, the ayes were 75, nays 105.

The House amendment to the Senate amendment was lost.

An amendment to the Senate amendments, offered by Mr. Moore of the 6th, was read and lost.

The following amendment to the Senate amendments was read:

Mr. Levitas of the 77th moves to amend Senate amendment No. 1 to HB 1 by striking in the second paragraph the sentence which reads as follows:
"In order to consider whether to delete any section of such plan a majority of a quorum shall be required.";

THURSDAY, FEBRUARY 11, 1971

619

and by inserting in the third paragraph after the words "General Assembly" the words "after the session commences the same".

On the adoption of the House amendment to the Senate amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Barfield Battle Bell Bennett, J. T. Bennett, Tom Bostick Bo wen Brantley, H. H. Buck Carter Chappell Clements Collier Collins, M. Colwell Conger Connell Davis, W. Dorminy

Drury Floyd, L. R. Gunter Ham Harrington Harrison Hill, B. L. Horton Housley Howard Howell Johnson Jones, Herb Jones, J. R. Keyton Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Levitas Lewis

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alien Atherton Berry Black Blackshear Bohannon Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr

Chance Chandler Cheeks Cole Collins, S. Coney, G. D. Coney, J. L. Cook Dailey Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dixon Edwards Egan

Matthews, D. R. McDaniell Milford Moore Mulherin Murphy Nessmith Noble Northcutt Patten Peters Phillips, W. R. Pinkston Reaves Ross Russell, H. P. Salem Smith, J. R. Westlake Wilson
Evans Ezzard Farrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Hamilton

620
Harris Hawes Hays Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jordan King Knight Knowles Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell

JOURNAL OF THE HOUSE,

McCracken McDonald Melton Merritt Miles Miller Morgan Moyer Mullinax Nunn Odom Oxford Patterson Pearce Phillips, G. S. Phillips, L. L. Pickard Poole Potts Rainey Roach Rush Russell, A. B. Russell, W. B.

Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Whitmire Williams Wood

Those not voting were Messrs.:

Alexander, W. M. Dent Hill, G. Hood

Longino Stephens Strickland Townsend

Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the House amendment to the Senate amendment, the ayes were 62, nays 122.
The House amendment to the Senate amendment was lost.

The following amendment to the Senate amendments was read:

Mr. Gunter of the 6th moves to amend Senate amendment No. 1 to HB 1 by striking from the second paragraph of Section 4(b) the following language:
"In order to consider whether to delete any section of such plan a majority of a quorum of the body considering such plan shall be re quired."

THURSDAY, FEBRUARY 11, 1971

621

On the adoption of the House amendment to the Senate amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Barfield Battle Bell Bennett, J. T. Bostick Bowen Brantley, H. H. Buck Burruss Carter Clements Collins, M. Collins, S. Colwell Conger Connell Davis, W. Drury Floyd, J. H. Floyd, L. R.

Geisinger Grahl Gunter Ham Harrington Harris Harrison Housley Howard Hudson, Ted Hutchinson Jones, J. R. Keyton Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Le vitas Lewis Matthews, D. R.

Those voting in the negative were Messrs. :

Adams, John Adams, Marvin Alien Atherton Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Chance Chandler Chappell Cheeks Cole Collier

Coney, G. D. Coney, J. L. Cook Dailey Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Gary Gaynor Gignilliat Granade Grantham Greer Griffin

Mauldin McCracken McDaniell Miles Milford Moore Murphy Nessmith Noble Northcutt Patten Peters Pinkston Reaves Ross Russell, H. P. Salem Shepherd Smith, J. R. Westlake Wilson
Hadaway Hamilton Hawes Hays Horton Hudson, C. M. Isenberg Jessup Johnson Jones, Herb Jordan King Knight Knowles Lambert Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C.

622
Maxwell McDonald Melton Merritt Miller Morgan Moyer Mulherin Mullinax Nunn Odom Oxford Patterson Pearce Phillips, G. S. Phillips, L. L.

JOURNAL OF THE HOUSE,

Phillips, W. R. Pickard Poole Potts Rainey Roach Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T.

Snow Sorrells Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Whitmire Williams Wood

Those not voting were Messrs.:

Alexander, W. M. Daugherty Dent Fraser Hill, B. L.

Hill, G. Hood Howell Longino Stephens

Strickland Townsend Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the House amendment to the Senate amendment, the ayes were 64, nays 116.

The House amendment to the Senate amendment was lost.

Mr. Busbee of the 61st moved that the House agree to Senate amendment No. 1. On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear

Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss

Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D.

THURSDAY, FEBRUARY 11, 1971

623

Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hood Horton Housley Howell Hudson, C. M.

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt
Miles Milford Miller Morgan Moyer Mulherin Mullinax Northcutt Nunn Odom Oxford Patterson

Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Thomason Thompson Toles Triplett Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Bennett, J .T. Collins, M. Colwell Conger Gunter

Harrison Howard Lane, W. J. Larsen, W. W. Levitas

Moore Murphy Reaves Savage Tripp

624

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Barfield Drury Hill, G.

Longino McCracken Nessmith Noble

Stephens Townsend Wamble Mr. Speaker

On the motion to agree, the ayes were 168, nays 15.

Senate amendment No. 1 to HB 1 was agreed to.

Mr. Busbee of the 61st moved that the House agree to Senate amendment No. 2.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler

Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser

Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R.

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625

Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore

Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem

Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Edwards.

Those not voting were Messrs.:

Alexander, W. M. Barfield Collins, M. Drury Greer

Hamilton Hill, G. Lane, W. J. Logan Longino

McCracken Reaves Stephens Townsend Mr. Speaker

On the motion to agree, the ayes were 179, nays 1.
Senate amendment No. 2 to HB 1 was agreed to.
Mr. Busbee of the 61st moved that the House agree to Senate amendment No. 3.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight

Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole

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627

Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan

Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Thomason Thompson Toles

Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Greer Guater

Hill, G. Longino McCracken

Stephens Townsend Mr. Speaker

On the motion to agree, the ayes were 186, nays 0.

Senate amendment No. 3 to HB 1 was agreed to.

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

HB 84. By Messrs. Atherton of the 117th, Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Thomason of the 77th, Cook of the 95th, Marcus of the 105th, Farrar of the 77th, Mason of the 13th and Geisinger of the 72nd:
A Bill to be entitled an Act to create an area-wide planning and development commission for all Standard Metropolitan Statistical Areas of this State having a population of more than 1,000,000; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide definitions; to create a Metropoli tan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000 according to the United States Decennial Census of 1970, or any future census; to provide for a declaration of purpose; to provide

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for the membership of a commission and for terms of office; to provide for a chairman; to provide for the duties and compensation of the members of a commission; to provide for an exective director, em ployees and advisory committees; to provide for comprehensive develop ment guides; to provide for regional planning; to provide for commis sion review of plans of municipalities, counties, authorities, commis sions, boards, utilities and agencies; to provide for review of federal and state assisted programs; to provide for special studies and reports; to provide for contracts, gifts and appropriations to a commission; to provide for the financial support of a commission by counties and municipalities; to provide for all procedures, requirements and other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Definition. As used in this Act:

(a) "Area" shall mean a Standard Metropolitan Statistical Area located wholly within the State of Georgia as defined by the U. S. Executive Office of the President, Standard Metropolitan Statistical Area 1967, Part I Criteria, Office of Management and Budget, subject to any changes made by the State Planning and Community Affairs Policy Board pursuant to authority contained in Georgia Laws 1970, Section 11, page 321 and page 329.

(b) "Area Plan" shall mean a written proposal that involves gov ernmental action, expenditure of public funds, use of public property, or the exercise of franchise rights granted by any public body and which affects the citizens of more than one political subdivision of an area and which may have a substantial effect on the development of an area. Area Plans may involve, but shall not be liimted to, such matters as land use (not including zoning), water and sewerage systems, storm drainage systems, parks and open spaces, airports, highways and transit facilities, hospitals, public buildings and other community facilities and services.

(c) "Commission" shall mean a Metropolitan Area Planning and Development Commission created in accordance with Section 3 of this Act.

(d) "Development Guides'" shall mean the comprehensive develop
ment guides adopted by a Commission in accordance with Section 13 of this Act.

(e) "District" shall mean a district created pursuant to Subsection 5 (e) of this Act.

(f) "Governing Body" shall mean the Board of Commissioners of a county or the Mayor and Board of Aldermen of a municipality or other legislative body which governs a county or municipality.

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629

(g) "Members at Large" shall mean those members of a Commis sion elected pursuant to Subsection (e) of Section 5 of this Act.

(h) "Municipality" shall mean an incorporated municipality of the State of Georgia, lying wholly or partially within the area.

(i) "Political Subdivision" shall mean a county or municipality of the State of Georgia lying wholly or partially within the Area.

(j) "Public Members" shall mean those members of a Commission holding office pursuant to Subsections (a) through (d) of Section 5 of this Act.
(k) "Redistricting" shall mean a redistricting of an Area after publication of a U. S. Decennial Census in accordance with Subsec tion 5 (e) of this Act.
Section 2. Purpose. It is in the public interest to create an agency composed of officials of political subdivsions and private citizens to co ordinate planning and development within each area of this State hav ing a population of more than 1,000,000 according to the United States Decennial Census of 1970, or any future census; to designate the agency as the Area Planning and Development Commission under an Act ap proved March 18, 1970, Georgia Laws 1970, Vol. 1, p. 321 et. seq. to make the agency the official metropolitan agency for comprehensive research, study, advice and review concerning Area Plans; to improve relationships between political subdivsions and public agencies within Areas; and to provide policy direction for the solution of common problems through short and long-range comprehensive planning within Areas.
Section 3. Creation of Metropolitan Area Planning and Develop ment Commissions. There is hereby created a Metropolitan Area Plan ning and Development Commission in each Area of this State having a population of more than 1,000,000 according to the United States De cennial Census of 1970, or any future census. The Chairman of the County Commission of the most populous county in an Area so having a population of more than 1,000,000 shall, within ten days after this Act becomes effective or within thirty days after the publication of the first United States Decennial Census which reports that an Area has a population of more than 1,000,000, as the case may be, activate the Commission to serve that Area by convening a meeting of the members provided for by Subsections (a) through (d) of Section 5 of this Act.

Section 4. Functions of a Commission. A Commission shall be, for its Area, an Area Planning and Development Commission as defined in and with all the powers, duties and obligations of an Area Planning and Development Commission set forth in an Act approved March 18, 1970, Georgia Laws 1970, Vol. 1, p. 321 et. seq. and any other law of general application pertaining to Area Planning and Development Com missions at the effective date of this Act; and in addition shall have all of the other powers, duties and obligations set forth in this Act.

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Section 5. Membership of a Commission. The members of a Com mission for an Area shall consist of:

(a) The Chairman of the Board of Commissioners of each county within the Area;
(b) The Mayor of the most populous municipality within the Area;

(c) From each county within the Area, the Mayor of a municipality within such county, to be designated by majority vote of the Mayors (except the Mayor of the most populous municipality within the Area) of all municipalities lying within each county;

(d) A member of the legislative body of the most populous munici pality lying within the Area chosen by majority vote of the members of that legislative body; and

(e) That number of persons, not holding elective or appointed public office, or employed by any of the political subdivisions of the Area which shall be one less than the total number of public members designated by Subsections (a) through (d) of this Section 5, who shall be elected as follows:

(i) Within ten days after a Commission has been activated pur suant to Section 3 of this Act and within ninety days after the pub lication of a subsequent U. S. Decennial Census, the members of the General Assembly whose Representative or Senatorial Districts lie wholly or partially within an Area, shall meet upon call by the Speaker of the House of Representatives and shall divide the Area into the same number of Districts as the number of members at large to be elected pursuant to this Subsection 5 (e). Each District shall contain approximately the same population; shall consist of combinations of contiguous census tracts from the latest available U. S. Decennial Census; but may cross the boundary lines of poli tical subdivisions.

(ii) Within ten days after the Area has been so divided into Districts, the public members of a Commission shall meet upon call of the Chairman of the County Commission of the most popu lous county within its Area and elect one resident of each District as a member of the Commission.

Section 6. Terms of Members.

(a) The public members of a Commission shall have terms of of fice concurrent with their respective terms of public office. Members at large of a Commission shall serve for a term of four-years, except that one-half (or if an odd number of members at large are elected to a Commission, a majority of such members at large) shall serve an initial term (either upon activation of a Commission or after a redistricting of a Commission) of two years as designated by the public members at the time of election; provided, however, that the terms of all members at large shall terminate at the end of any calendar year during which redistricting of the Area has occurred.

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631

(b) The full terms of the members at large shall commence on January 1 of the year following the year in which they are elected ex cept that the first members at large of a newly created Commission shall have added to their term the period of time commencing with their election until the first January thereafter.

(c) Any member at large who moves his residence outside a dis trict shall be removed from office by the Commission. A Commission may remove from office any member at large who has failed to attend the last three or more consecutive regular meetings of the Commis sion. A member at large may be elected to two or more successive terms on a Commission. If a member of the Commission shall die, resign, be removed from office or for any other reason cease to be a member of the Commission, his unexpired term shall be filled by the same persons and in the same manner as such member was originally elected to the Commission pursuant to Section 5 of this Act.

Section 7. Quorum. A quorum for taking action at a meeting of a Commission may be set in such manner as the bylaws of the Commission shall provide, but it shall, in no case, consist of less than two-thirds of the total number of authorized members of the Commission.

Section 8. (a) Chairman. The Chairman of a Commission shall be elected by the Commission from among its members for a two-year term but no person shall serve as Chairman if, after his election to of fice, he ceases to be a member of the Commission. A Chairman may succeed himself.

(b) Duties of Chairman. The Chairman of a Commission shall pre side at all meetings of the Commission. The Chairman shall appoint all officers and committees of the Commission, subject to the approval of the Commission, and be responsible for carrying out all policy deci sions of the Commission. The Chairman's salary and expense allow ances shall be fixed by the Commission.

(c) Removal of Chairman. A Chairman may be removed from of fice by the Commission.

Section 9. Commission Members' Duties and Compensation. A Com mission shall elect such officers as it deems necessary for the conduct of its affairs, including a secretary and treasurer, who need not be mem bers of the Commission, and shall be compensated as determined by the Commission. Each member of a Commission, other than the Chairman, may be paid a per diem compensation not to exceed $25 for each meet ing which he attends and additional compensation for such other services as are specifically authorized by the Commission, and may be reim bursed for his reasonable expenses. No Commission member, other than the Chairman, shall receive compensation in excess of $1,800 per year.

Section 10. Executive Director. A Commission shall appoint an Ex ecutive Director to serve at the pleasure of the Commission as the prin cipal operating administrator for the Commission. An Executive Di rector shall be chosen from among the citizens of the nation at large, and shall be selected on the basis of his training and experience.

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Section 11. Officers and Employees. A Commission may prescribe the compensation, benefits and all terms and conditions of employment of its officers, employees, and agents. A Commission may contract with private individuals or firms for professional services deemed neces sary to carry out its responsibilities under this Act. Officers and em ployees of a Commission shall be public employees. Comparability with existing wage classifications, pay plans, and other benefits of political subdivisions in its Area shall be considered by a Commission when carrying out the provisions of this Section.

Section 12. Advisory Committees. A Commission may establish and appoint persons to advisory committees to assist the Commission in the performance of its duties. Members of advisory committees shall serve without compensation, but may be reimbursed for their reasonable ex penses as determined by the Commission.

Section 13. Development Guides. A Commission shall prepare and adopt and from time to time amend, change, or repeal, after appropri ate study and such public hearings as may be deemed necessary, compre hensive development guides for its Area. The development guides shall consist of policy statements, goals, standards, programs, and maps pre scribing an orderly and economic development, public and private, of the Area. The development guides shall be based upon and encompass physical, economic, and health needs of the Area and shall take into con sideration future development which may have an impact on the Area, including but not limited to, such matters as land use not including zoning, water and sewerage systems, storm drainage systems, parks and open spaces, land needs and the location of airports, highways transit facilities, hospitals, public buildings and other community fa cilities and services.

Section 14. Regional Planning.

(a) It is in the public interest and it is hereby provided that:

(i) a Commission review each Area Plan prepared for use in
an Area by a political subdivision or by a public authority, com mission, board, utility or agency;

(ii) each Commission be designated as the official planning
agency for all state and federal programs to be carried out in the Area; and

(iii) a Commission carry out such other planning functions
for an Area as may be assigned or delegated to the Commission by other agencies or boards, public or private and accepted by the Commission.

(b) As set forth in Section 4 of this Act, a Commission shall be the Planning and Development Commission for an Area in accordance with
an Act approved March 18, 1970, Georgia Laws 1970, Vol. 1, page 321 et. seq.

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633

(c) All the powers, duties, obligations and property now vested in or imposed upon any Metropolitan Planning Commission in the Area are hereby transferred to, imposed upon, and vested in the Commission as the successor of such commission.

(d) Further, a Commission shall be designated for its Area, as the planning agency under 40 U.S.C.A. 461 and 40 U.S.C.A. 461 (g) as amended P. L. 89-117, 1965, and P. L. 90-448, 1968; 42 U.S.C.A. 3725, P. L. 90-351, 1968; 42 U.S.C.A. 246 (b), P. L. 89-749; as amended, P. L. 90-1967, and for comprehensive transportation studies required by 23 U.S.C.A. 101, 134, P. L. 87-866, 1962; and 49 U.S.C.A. 1601 et. seq. P. L. 88-365, 1964, as amended and supplemented by administrative re quirements of the U. S. Department of Transportation, and any similar law now enacted. A Commission is further granted all of the powers, duties and authorities necessary to carry out its responsibilities and duties under such laws.

(e) Further, a Commission shall have power and authority to un dertake such other planning functions within its Area, as may be as signed or delegated to the Commission by other agencies or boards, public or private, and for which, the Commission accepts responsibility.

Section 15. Commission Review: Area Plans of Municipalities and Counties, (a) Each municipality within an Area, and each county within an Area, shall submit to the Commission for comment and recom mendation thereon every Area Plan prepared by such municipality or county. The Commission shall maintain all Area Plans in its files avail able for inspection by members of the public. No action shall be taken by any municipality or county to put an Area Plan into effect until sixty days have elapsed after its submission to the Commission. Within ten days after submission, the Commission shall notify each municipality or county which may be affected by the Area Plan submitted of the general nature of the Plan, the date of submission, and the identity of the submitting municipality or county. Political subdivisions contiguous to the submitting municipality or county shall be notified in all cases by the Commission. Within thirty days after receipt of such notice, a municipality or county may present its views to the Commission.

(b) If, from its own investigation, from the views presented by a municipality or county affected by the Area Plans submitted or other wise, the Commission finds that there are any inconsistencies between the Area Plan and the Area's Development Guides, the Commission may recommend modification of the Area Plan in such manner as to be con sistent with the Area's Guides.

(c) A submitting municipality or county may request reconsidera tion of any recommendation by a Commission at a public hearing. Such public hearing shall be held by the Commission within thirty days after receipt of such request. Notice stating the time and place of each public hearing shall be mailed by the Secretary of the Commission, at least five days prior to the hearing to: the submitting municipality or coun ty; all affected municipalities and counties; appropriate state regulatory boards and agencies; and members of the Commission.

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(d) Within thirty days after a public hearing, the Commission shall make its recommendations known to the submitting municipality or county, the affected municipalities and counties and appropriate state regulatory boards and agencies

Section 16. Commission Review: Area Plans of Public Authorities, Public Commissions, Public Boards, Public Utilities and Public Agencies.

(a) A Commission shall review every Area Plan prepared for use within the Area by a public authority, public commission, public board, public utility or public agency. Each such Area Plan shall be submitted to the Commission by the public authority, public commission, public board, public utility, or public agency preparing the plan before any action is taken to put the plan into effect.

(b) No action shall be taken to put any Area Plan into effect until sixty days have elapsed after its submission to the Commission, or until the Commission finds and notifies the submitting public authority, public commission, public board, public utility or public agency that the Area Plan is not inconsistent with its Development Guides, whichever first occurs. If, within sixty days after the date of submission, the Commission finds that an Area Plan is inconsistent with its development guides, the Commission may recommend modification of the Area Plan or such part thereof in such a manner as to be consistent with its de velopment guides.

A submitting public authority, public commission, public board, public utility or public agency may request reconsideration of any recommendation of the Commission at a public hearing. Such public hearing shall be held by the Commission within thirty days of such request. Notice stating the time and place of a public hearing shall be mailed, at least five days prior to the hearing to: the submitting public authority, public commission, public board, public utility or public agency; all affected municipalities and counties within the Area; ap propriate state regulatory boards and agencies; and members of the Commission.

Within thirty days of such public hearing, the Commission shall make its recommendations known to the submitting authority, commis sion, board, utility, or agency, all affected municipalities and counties in the Area and to appropriate state regulatory boards and agencies.

Section 17. Commission Review: Federal and State Assisted Pro grams. The Commission shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the Area, for a loan or grant from the United States, the State of Georgia, or any agency thereof if review by a region-wide agency or body is re quired by federal or state law, rule or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or State of Georgia or agency thereof, transmit the same to the Commission for its review. The comments of the Commission shall then become a part of the application, to be appended thereto when finally submitted for

THURSDAY, FEBRUARY 11, 1971

635

the consideration of the United States, the State of Georgia, or any agency thereof.

Section 18. Special Studies and Reports. A Commission shall en gage in a continuous program of research, study and planning of mat ters affecting its Area, including but not limited to:

(a) Land use.

(b) Transportation within the Area, including highways, railroads, airports, streets, and mass transit.

(c) The acquisition and financing of facilities for the disposal of solid waste material for the Area and the means of financing such fa cilities.

(d) The acquisition and financing of storm water drainage facili ties for the Area and the means of financing such facilities.

(e) The acquisition and financing of suitable major parks and open spaces within and adjacent to the Area.

(f) The control and prevention of air and water pollution.

(g) Environmental quality.

(h) Law enforcement agencies and increased efficiency of the crimi nal justice systems in the Area.

(i) Planning for the provision of health facilities and services.

(j) The feasibility of the consolidation of common services of polit ical subdivisions.

Section 19. General Authority of the Commission.

(a) A Commission shall have and exercise all power and authority which may be necessary or convenient to enable it to perform and carry out the duties and responsibilities imposed on it by this Act.

(b) A Commission shall have the authority to determine whether or not a plan is an Area Plan as defined by Subsection 1 (b) of this Act. Any member of the Commission, governing1 body of a political sub division or public authority, commission, board, utility or agency whose plans may be Area Plans may request in writing that the Commission determine whether a plan is an Area Plan as defined in Subsection 1 (b). A Commission shall make such determination within fifteen days after such request and shall afford the requesting party the right to be heard prior thereto. The determination shall be in writing and shall state the basis therefor.

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(c) A Commission shall be authorized to adopt bylaws and rules and regulations concerning all aspects of its functions and operations. Such bylaws, rules and regulations shall be determinative and control all matters, unless expressly contradicted or forbidden by other pro
visions of law.

Section 20. Contracts, Gifts and Appropriations. In carrying out the purposes of this Act, a Commission shall be authorized to contract with, apply for and accept gifts, loans and grants from federal, state or local governments, public agencies, semi-public agencies, or private agencies, to expand such funds, and to carry out cooperative under takings or contracts with any such government or agency.

Section 21. Reports. On or before February 1 of each year, a Com mission shall report to the General Assembly of the State of Georgia and to each political subdivision and supporting agency within its Area. The report shall include:
(a) A statement of the Commission's receipts and expenditures by category for the preceding calendar year;
(b) A budget for the calendar year during which the report is filed including an outline of its program for such year;

(c) An explanation of any development guides adopted for the Area during the preceding calendar year;
(d) A listing of all applications for federal monies made by polit ical subdivisions within the Area submitted to the Commission for re view during the preceding calendar year;
(e) A listing of Area Plans of political subdivisions submitted to the Commission during the previous calendar year; and
(f) Recommendations of the Commission for legislation affecting the Area, including legislation affecting the organization and functions of the Commission.

Section 22. Fiscal Support.

(a) A Commission shall keep books of account which shall be in dependently audited at least once in each full calendar year, during which a Commission functions. The auditor's report shall be presented to the governing body of each political subdivision within the Area and to the Georgia General Assembly.

(b) Each year a Commission shall make a separate estimate of the number of people who, on the first day of April of such year, resided within each county within the Area and within the most populous munic ipality lying wholly or partially within the Area speciifed on a county basis if municipality lies in more than one county. Based on such popu lation estimates, the governing body of each county in the Area and

THURSDAY, FEBRUARY 11, 1971

637

of the said most populous municipality lying wholly or partially within the Area shall, during the calendar year next following the year in which the population estimates were made, provide the Commission with op erating funds in the amount of five thousand dollars or in the amount provided for each such political subdivision in the following schedule,
whichever amount is greater:

Counties which have no portion of said most populous municipality within their boundary; Counties which have some portion of said most populous municipality within their boundary;
Said most populous municipality

Thirty cents for each person residing in the county plus two thousand dollars.
Thirty cents for each person residing in the county outside said most populous municipality plus twelve cents for each person residing in the county inside said most populous municipality plus two thousand dollars.
Eighteen cents for each person residing in the municipality plus two thousand dollars.

(c) After the first day of April but before the first day of Sep tember of each year a Commission shall make the necessary population estimates and compute the amount due from the governing body of each political subdivision in accordance with the formula set forth in Sub section (b) of this Section and certify such population estimates and other data to each such governing body.
(d) Before the fifteenth day of December each year a Commission shall, at a meeting called for the purpose, adopt a program and budget for the next calendar year. A copy of this program and budget shall be forwarded to each political subdivision and each agency which is ex pected to contribute to the support of the Commission during the next calendar year. If the aggregate amount to be provided by the partici pating political subdivisions in accordance with the formula set out in Subsection (b) of this Section is greater than is necessary for such bud get, the amount to be provided by each political subdivision shall be reduced pro rata, and each such political subdivision shall be notified accordingly.

(e) Each political subdivision required to contribute to the support of a Commission by Subsection (b) of this Section shall on or before the first day of each quarter of a calendar year, furnish twenty-five percent of the total amount to be provided by it during such year unless such political subdivisions shall not have adopted its own operating budget by January 1st of such year, in which event it shall immediately, after the adopting of its budget, furnish the amounts then due to the Commission under the provisions of this Section.

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(f) The governing body of any political subdivision shall have au thority, during any year, to provide funds to the Commission in excess of the amount computed in accordance with Subsection (b) of this Section.
Section 23. Severability. In the event any Section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clauses, or phrases of this Act, which shall remain in full force and effect, as if the Section, subsection, sen tence, clause or phrase so declared or adjudged invalid or unconstitution al were not originally a part hereof. The General Assembly hereby de clares that it would have passed thes remaining parts of this Act if it had known that such part or parts hereof would be declared or ad judged invalid or unconstitutional.

Section 24. Effective Date. This Act shall become effective on July 1, 1971. Notwithstanding any other provision of this Act, a Commission shall determine by resolution the timing and sequence of the assumption of such duties, powers, and obligations it may have under Sections 9, 10, 14, IB, 16 and 17 of this Act and such Sections shall not become effective until the date specified in such resolution, but in any event, all such Sections shall become effective on January 1 of the year following the year in which a Commission is created.

Section 25. Repealer. 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:

Messrs. Floyd of the 75th and Dean of the 13th move to amend the Commit tee substitute to HB 84 by adding a new sub-section at the end of Section 15 to be designated Sub-section (e) and to read as follows:
"Provided that nothing herein shall limit or compromise the right of a munic ipality or county to establish and administer its own zoning laws and regula tions."
The following amendment to the Committee substitute was read:
Messrs. Lane of the 101st and Dean of the 13th move to amend the Com mittee substitute to HB 84 as follows:
By adding the following sentence at the end of Section 7:
"The vote of any member of the Commission shall be equal to the vote of any other member in considering or acting upon any question, proposal or other matter before the Commission."

THURSDAY, FEBRUARY 11, 1971

639

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.

Adams, G. D. Adams, Marvin Alien Bell Black Bowen Brantley, H. H. Brantley, H. L. Chappell Clements Cole Collier Collins, S. Davis, E. T. Dean, Gib Dorminy Floyd, L. R. Geisinger

Granade Grantham Hays Hood Housley Howard Hudson, Ted Jessup Jones, Herb Jones, J. R. Knowles Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Leggett Longino

Mason Matthews, D. R. McDaniell Northcutt Peters Phillips, W. R. Poole Potts Rainey Ross Salem Savage Shanahan Shepherd Sherman Sorrells Westlake Wilson

Those voting in the negative were Messrs.:

Alexander, W. H. Atherton Bennett, Tom Bond Bostick Brown, B. D. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Collins, M. Coney, G. D. Coney, J. L. Cook Daugherty Dean, J. E. Dean, N. Egan Evans Ezzard Farrar Felton Fraser

Gary Gaynor Grahl Greer Ham Hamilton Harrington Harris Hawes Hill, G. Horton Hudson, C. M. Hutchinson Isenberg Johnson Jordan Keyton Knight Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Mauldin Maxwell

McCracken McDonald Merritt Miles Miller Moyer Mulherin Mullinax Nessmith Nunn Odom Oxford Patten Pearce Phillips, G. S. Phillips, L. L. Pinkston Reaves Rush Russell, H. P. Russell, W. B. Scarborough Sims Smith, H. R. Smith, V. T. Snow Thomason

640
Toles Townsend Tripp

JOURNAL OF THE HOUSE,

Turner Vaughn Whitmire

Williams Wood

Those not voting were Messrs.:

Adams, John Alexander, W. M. Barfield Battle Bennett, J. T. Berry Blackshear Bohannon Bray Brown, C. Buck Colwell Conger Connell Dailey Davis, W. Dent

Dixon Drury Edwards Floyd, J. H. Gignilliat Griffin Gunter Hadaway Harrison Hill, B. L. Howell King Lewis Melton Milford Moore Morgan

Murphy Noble Patterson Pickard Roach Russell, A. B. Smith, J. R. Stephens Strickland Sweat Thompson Triplett Wamble Ware Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 54, nays 99.

The amendment was 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 order ed and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton

Battle Bell Bennett, J. T. Bennett, Tom Berry Black

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L . Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. E. Fraser Gary
Gaynor
Gei singer
Gignilliat
Grahl
Granade
Grantham
Greer
Hadaway
Ham
Hamilton
Harrington
Harris

THURSDAY, FEBRUARY 11, 1971

641

Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Merritt
Miles
Milford
Miller
Morgan
Moyer
Mulherin

Mullinax Nessmith Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Thomason Toles Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Voting in the negative was Mr. J. A. King.

642

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Barfield Blackshear Bohannon Brown, C. Collier Colwell Conger Dixon

Drury Griffin Gunter Lane, Dick Lane, W. J. Melton Moore Murphy Noble

Patterson Pickard Stephens Strickland Sweat Thompson Westlake Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 1.

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

HB 283 By Mr. Gunter of the 6th:
A Bill to be entitled an Act to provide that the "Georgia Official Di rectory of State and County Officers" shall contain the official addresses of the offices and officers therein; and for other purposes.

By unanimous consent, further consideration of HB 283 was postponed until tomorrow, February 12, 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.

FRIDAY, FEBRUARY 12, 1971

643

Representative Hall, Atlanta, Georgia Friday, February 12, 1971

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. Richard E. Barrett, Associate Pastor, First Baptist Church, Bremen, Georgia.
Heavenly Father, we are taught in Thy word that if we, in all our ways, will acknowledge You, that You will direct our paths. We pray for all the leaders of our country and our State, that You will direct their actions. Look upon this assembly and guide the deliberation here today.
Through Jesus Christ 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.

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 Gen eral Calendar in any order that he desires.

644

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 477. By Messrs. Levitas, Farrar, Russell and Thomason of the 77th:
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, in the County of DeKalb, so as to change the provision relative to the maxi mum tax levy for school purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 478. By Messrs. Adams, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to amend an Act creating the State Court of Floyd County, so as to change the number of jurors in said court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 479. By Messrs. Bennett of the 71st, Carter of the 64th, Bostick of the 63rd, Bowen of the 47th, Larsen of the 42nd, Gunter of the 6th, Salem of the 51st, Knight of the 30th, Adams of the 9th, Thompson of the 85th, Howell of the 60th and Barfield of the 71st:
A Bill to be entitled an Act to require the foreman of each outgoing grand jury to spend two days with the incoming grand jurors in order to provide continuity among the various grand juries of the superior courts; and for other purposes.
Referred to the Committee on Judiciary.

HB 480. By Messrs. Jordan and Vaughn of the 74th, Farrar, Thomason, Levitas and Russell of the 77th, Bell and Noble of the 73rd, Davis, Granade, Floyd and Westlake of the 75th, Geisinger and Collins of the 72nd.
A Bill to be entitled an Act to amend an Act applying to counties having a population of not less than 500,000 and directing the county commis sioners to pay to the board of education all commissions which would have been retained by the tax commissioner, so as to make said Act applicable to counties having a population of not less than 400,000; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

FRIDAY, FEBRUARY 12, 1971

645

HB 481. By Mr. Hill of the 97th:
A Bill to be entitled an Act to amend Code Chapter 34-1, relating to pre liminary provisions of the Georgia Election Code, so as to provide that no elected official shall be eligible for party nomination or for election to public office other than his own until he shall first resign; and for other purposes.
Referred to the Committee on State of Republic.

HB 482. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, so as to provide that the members of the Georgia Board of Chiropractic Examiners shall not serve more than two consecutive terms; and for other purposes.
Referred to the Committee on Health and Ecology.

HR 167-482. By Mr. Rainey of the 47th: A Resolution compensating Mr. James E. Price; and for other purposes.
Referred to the Committee on Appropriations.

HB 483. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act entitled the "Housing Au thorities Law", so as to provide that certain cities may add additional members to the housing authorities; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local

HB 484. By Messrs. Burruss and Howard of the 117th:
A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to create and define the crime of criminal profiting on unauthorized sound recordings; and for other purposes.
Referred to the Committee on Industry.

HB 485. By Mr. Fraser 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 date on which municipal elec tions shall be held; to change the hours prescribed for the polls to re main open; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

646

JOURNAL OF THE HOUSE,

HB 486. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Midway, so as to add one councilman and to provide for four terms of office for the mayor and council of the City of Midway; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 487. By Messrs. Davis, Granade and Westlake of the 75th, Russell of the 70th, Northcutt of the 21st, Lane of the 44th, Collins of the 72nd, Bell of the 73rd and others:
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 reg ister with the Joint-Secretary, State Examining Boards; to provide for the manner of registration; and for other purposes.
Referred to the Committee on Industry.

HB 488. By Messrs. Davis, Granade and Westlake of the 75th, Russell of the 70th, Northcutt of the 21st, Lane of the 44th, Collins of the 72nd, Bell of the 73rd and others:
A Bill to be entitled an Act to regulate health and dance studio services, sales, practices and business and financing methods; and for other purposes.
Referred to the Committee on Industry.

HR 168-488. By Messrs. Gaynor of the 88th, Battle of the 90th, Gignilliat of the 89th, Alien of the 92nd, Jones of the 87th, Blackshear of the 91st, Triplett of the 93rd and Hill of the 94th:
A Resolution compensating the Savannah Transit Authority; and for other purposes.
Referred to the Committee on Appropriations.

HB 489. By Messrs. Nunn of the 41st, Pinkston of the 81st, Knowles of the 22nd and Lee of the 61st:
A Bill to be entitled an Act to amend Code Chapter 26-30, relating to Invasions of Privacy, so as to conform said Chapter with the require ments contained in an Act approved June 19, 1968 (Public Law 90-351, 82 STAT. 197, HR 5037 (90th Congress) ; and for other purposes.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 12, 1971

:647

HB 490. By Messrs. Collier of the 54th, Cole, Smith and Turner of the 3rd, Westlake of the 75th, Salem of the 51st, Bell of the 73rd, Floyd of the 75th and others:
A Bill to be entitled an Act to amend an Act enlarging the powers, au thority and jurisdiction of the Georgia Public Service Commission with respect to telephone corporations, companies or persons, firms or associ ations, so as to authorize the Commission to receive and investigate com plaints by governing authorities of counties and municipalities; and for other purposes.
Referred to the Committee on Industry.

HB 491. By Mr. Busbee of the 61st:

A Bill to be entitled an Act to amend an Act known as the "Georgia

Water Quality Control Act", so as to authorize that information direct

ly affecting any person which is obtained by duly authorized agents

of the State Water Quality Control Board shall be admissible as evi

dence in actions at law or equity involving private rights or reparian

owners; and for other purposes.

'

Referred to the Committee on Natural Resources.

HB 492. By Messrs. Collier of the 54th, Smith, Cole and Turner of the 3rd, Salem of the 51st, Westlake and Floyd of the 75th, Bell of the 73rd and others:
A Bill to be entitled an Act to amend Code Chapter 93-3, relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the Commission to consider certain factors when fixing rates of public utilities under its jurisdiction; and for other purposes.
Referred to the Committee on Industry.

HR 169-492. By Messrs. Lane of the 101st, Rainey of the 47th, Savage of the 104th, Stephens of the 103rd, Granade of the 75th, Hudson of the 48th, Geisinger of the 72nd and many others:
A Resolution proposing an amendment to the Constitution so as to provide that federal old-age, survivor or disability benefits shall not be included in income for the purpose of persons 65 years old or older quali fying for a homestead exemption of $4000; and for other purposes.
Referred to the Committee on Ways and Means.

HB 493. By Messrs. Northcutt, Lee and Gary of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary along Riverdale Road; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

648

JOURNAL OF THE HOUSE,

HB 494. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating A Board of Commissioners of Roads and Revenues for Emanuel County, so as to change the compensation of the commissioners; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 495. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Twin City, so as to provide that commissioners of the City of Twin City shall be elected by the voters of the entire city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 496. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act relating to the regulation of the practice of dentistry, so as to regulate the filing of applications for dental licenses; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 497. By Messrs. Howard, McDaniell, Housley, Kreeger and Burruss of the 117th, Bostick of the 63rd and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act providing for the organi zation, jurisdiction, venue, practice and procedure of certain courts below the superior court level, so as to provide for the payment of a salary to each judge and solicitor of such courts from State funds; and for other purposes.
' Referred to the Committee on Special Judiciary.

HB. 498. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to authorize and direct the governing au thority of Warren County to employ a full-time county policeman who shall have such powers as sheriffs now have; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 499. By Messrs. Johnson and Phillips of the 29th:
, . A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Warren County on a salary in lieu of a fee system of

FRIDAY, FEBRUARY 12, 1971

649

compensation, so as to change the compensation of the clerk of the su perior court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 500. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Warren County on a salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 501. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the ordinary of Warren County, so as to change the com pensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 502. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a commissioner of roads and revenues of Warren County, so as to change the compensa tion of the commissioner of Warren County and the compensation of his clerk; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 503. By Messrs. Coney of the 82nd, Brown, Evans, Bennett, Scarborough and Pinkston of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 59-106, relating to the revision of the jury lists and the selection of grand and traverse jurors, so as to provide that in certain counties, jury commissioners shall select a number of citizens to serve as grand jurors which shall not be less than 3 percent of the total number of registered electors in such counties; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 504. By Messrs. Coney of the 82nd, Brown, Evans, Bennett, Scarborough and Pinkston of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to provide for the necessary consent for the treatment of minors for venereal disease; and for other purposes.
Referred to the Committee on Health and Ecology.

650

JOURNAL OF THE HOUSE,

HB 505. By Messrs. Davis and King of the 86th, Pearce and Buck of the 84th, Berry and Thompson of the 85th.
A Bill to be entitled an Act to amend the Charter of Columbus, redesignating the name of the city court of Columbus, to the State Court of Columbus; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 506. By Mr. Sims of the 106th:
A Bill to be entitled an Act to amend an Act relating to a program of vocational rehabilitation and providing that the same shall be admin istered by the State Board of Vocational Education, so as to change the definition of the term "workshop"; and for other purposes.
Referred to the Committee on State of Republic.

HB 507. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act establishing the Criminal Court of Atlanta, so as to increase the number of jurors required to try any misdemeanor offense in the said court from 5 jurors to six jurors; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

HR 170-507. By Mr. Collins of the 72nd: A Resolution compensating E. L. O'Neal; and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee on Motor Vehicles:

HB 509. By Messrs. Cole of the 3rd and Sherman of the 80th:
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, as amended, so as to provide for a 12 month permit for loads exceeding the length and width limits involving materials or commodities; and for other purposes.

Mr. Cole of the 3rd moved that HB 509 be engrossed.

The motion prevailed and HB 509 was ordered engrossed.

FRIDAY, FEBRUARY 12, 1971

651

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

HB 441. By Messrs. Alexander of the 108th, Horton of the 95th, Brown of the 110th, Stephens of the 103rd, Alexander of the 96th, Marcus of the 105th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the "Ombudsman Chapter of the Charter of the City of Atlanta"; and for other purposes.

HB 442. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Lee County and providing in lieu thereof an annual salary, so as to change the maximum salary which the sheriff may be entitled to receive; and for other purposes.

HB 443. 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, so as to authorize the clerk to employ two deputy clerks to assist in discharging the official duties of his office; and for other purposes.

HB 444. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to change the corporate limits of the City of Louisville; and for other purposes.

HB 445. By Messrs. Lowrey, Adams and Toles of the 9th:
A Bill to be entitled an Act to amend an Act authorizing the district at torney in each judicial circuit to appoint as many assistant district at torneys as there are superior court judges in excess of one, so as to pro vide that in each judicial circuit which has only one superior court judge the district attorney is required to prosecute persons accused of and for other purposes.

HB 446. By Messrs. Hudson of the 48th, Peters of the 2nd, Lee of the 61st and Grantham of the 55th:
A Bill to be entitled an Act to provide that no person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage, or sell or give tickets to an actual or reasonably an ticipated assembly of 10.000 or more persons which continues or can rea sonably be expected to continue for 10 or more consecutive hours unless

652

JOURNAL OF THE HOUSE,

he obtains a license from the governing authority; and for other pur poses.

HB 447. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend Code Title 26, known as the Criminal Code of Georgia, so as to create a new Code Chapter to be de signated as Code Chapter 26-34, relating to loan sharking; and for other purposes.

HB 448. By Messrs. Collins of the 62nd, Russell of the 70th, Reaves of the 71st, Dorminy of the 48th, Nessmith of the 44th, Rush of the 51st, Carr of the 35th and others.
A Bill to be entitled an Act to amend an Act entitled "The Uniform Act Regulating Traffic on Highways", so as to repeal Article XVI of said Act relating to inspection of vehicles; and for other purposes.

HB 449. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act requiring the clerks of the superior courts of certain counties to attend the Court of Ordinary for the trial of certain cases, so as to change the population figures con tained therein and the census; and for other purposes.

HB 450. By Messrs. Noble and Bell of the 73rd, Collins and Geisinger of the 72nd, Brantley of the 114th, Stephens of the 103rd, Lane of the 101st and others:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Re tailers' and Consumers' Sales and Use Tax Unit", so as to exempt from this Act certain personal property purchased in a foreign country by a member of the Armed Forces while serving on active duty outside the United States; and for other purposes.

HB 451. By Messrs. Noble of the 73rd, Marcus of the 105th, Farrar of the 77th, Hawes of the 95th, Salem of the 51st, Geisinger of the 72nd, Jordan of the 74th and others:
A Bill to be entitled an Act to amend Code Section 92-3109, relating to deductions from gross income for the purpose of computing net income for income tax purposes, so as to provide that the term "medical care" shall also mean and include amounts paid for the cost of attending a special school for the mentally or physically handicapped; and for other purposes.

FRIDAY, FEBRUARY 12, 1971

653

HB 452. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners for Montgomery County and creating a new board of commissioners for the County of Montgomery, so as to create an expense allowance for the board of commissioners; and for other purposes.

HB 453. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Pierce County, so as to change the compensation of the Chairman; and for other purposes.

HB 454. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to abolish the present mode of compen sating the Ordinary of Pierce County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.

HB 455. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Pierce County on an annual salary, so as to change the compensation of the sheriff, the chief deputy sheriff and deputy sheriffs of Pierce County; and for other purposes.

HB 456. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lamar County upon an annual salary, so as to provide that the sheriff shall be authorized to employ such number of deputies as the governing authority of Lamar County shall approve; and for other purposes.

HB 457. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to provide for the appointment of the county school superintendent of Lamar County by the Board of Education of Lamar County; and for other purposes.

HB 458. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Lamar County; and for other purposes.

654

JOURNAL OF THE HOUSE,

HB 459. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Chattooga County, so as to provide for the District Attorney of the Lookout Mountain Judicial Circuit to assume the duties and powers of the solicitor; and for other purposes.

HB 460. By Messrs. Brown, Evans, Pinkston, Bennett and Scarborough of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of Grand Juries, so as to provide for the drawing of an additional Grand Jury; and for other purposes.

HB 461. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to provide for the necessary consent for the treatment of minors for venereal disease; and for other purposes.

HB 462. By Messrs. Floyd of the 7th, Lane of the 44th, Wood of the llth, Ed wards of the 45th and Ware of the 30th:
A Bill to be entitled an Act to provide that the county and local boards of education shall see that Veteran's Day is observed by a holiday; and for other purposes.

HR 155-462. By Messrs. Moore and Gunter of the 6th, Northcutt of the 21st, Collins of the 72nd, Collins of the 62nd, Bell and Noble of the 73rd, Larsen of the 113th, Jones of the 4th, Lane of the 101st and others:
A Resolution proposing an amendment to the Constitution so as to create a new State Board of Education; and for other purposes.

HR 156-462. By Messrs. Moore and Gunter of the 6th, Northcutt of the 21st, Collins of the 72nd, Collins of the 62nd, Bell and Noble of the 73rd, Jones of the 4th, Larsen of the 113th, Lane of the 101st and others:
A Resolution proposing an amendment to the Constitution so as to create a new Board of Regents of the University System of Georgia; and for other purposes.

HR 157-462. By Mr. Davis of the 75th:
A Resolution compensating Mrs. Mary E. Doty; and for other pur poses.

FRIDAY, FEBRUARY 12, 1971

655

HR 158-462. By Mr. Chandler of the 34th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County; and for other purposes.

HR 159-462. By Messrs. Leggett and Isenberg of the 67th, Drury of the 66th and Patterson of the 20th:
A Resolution proposing an amendment to the Constitution so as to au thorize local governmental authorities to reapportion themselves; and for other purposes.
HB 463. By Messrs. Leggett of the 67th, Bohannon of the 20th, Drury of the 66th, Patten of the 63rd, Patterson of the 20th:
A Bill to be entitled an Act to authorize the Attorney General to in stitute actions to revoke the charters of domestic corporations which are controlled by persons engaged in organized crime; and for other purposes.

HB 464. By Messrs. Leggett of the 67th and Stephens of the 103rd:
A Bill to be entitled an Act to establish a framework of employer-em ployee relations by providing uniform and orderly methods for dealings between employees and organizations thereof and employing public agencies; and for other purposes.

HB 465. By Messrs. Leggett of the 67th, Drury of the 66th and Dorminy of the 48th:
A Bill to be entitled an Act to amend Code Title 93, relating to the Public Service Commission, so as to add a chapter to be known as the "Georgia CATV Regulatory Surveillance Act"; and for other purposes.

HB 466. By Messrs. Floyd of the 7th, Busbee of the 61st, Harris of the 10th, Williams of the llth and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee, so as to provide duties for the Legislative Fiscal Officer; to provide duties for the Legislative Budget Analyst; and for other purposes.

HB 467. By Messrs. Leggett of the 67th, Drury of the 66th, Matthews of the 63rd and Patten of the 63rd:
A Bill to be entitled an Act to regulate the manufacture and distribu tion of commercial feeds in the State of Georgia; to repeal Code Chapter 42-2 relating to commercial feeding stuffs; and for other purposes.

656

JOURNAL OP THE HOUSE,

HB 468. By Messrs. Collins of the 72nd, Noble of the 73rd, Westlake, Granade and Davis of the 75th:
A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Edu cation shall be elected and providing for terms and the method of electing such members, so as to provide that the DeKalb County Super intendent of Schools shall be appointed by the Board of Education of DeKalb County; and for other purposes.

HB 469. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Court of Hall County, so as to change and increase the terms of said court; and for other purposes.

HB 470. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act relating to private passenger automobiles; to define "private passenger automobile"; to create a manufacturer's warranty as to standards of safety concerning the ability to sustain shock; and for other purposes.

HB 471. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Peach County, so as to provide that whenever a vacancy is created on the commission, the appointment to fill such vacancy shall be good only until a successor is elected at the next general election; and for other purposes.

HB 472. By Mr. Egan of the 116th:
A Bill to be entitled an Act to authorize certain counties and munici palities to levy and impose certain excise taxes; and for other purposes.

HB 473. By Messrs. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Jekyll Is land State Park Authority Act", so as to reduce the maximum amount of the land area of Jekyll Island which the Auxiliary is empowered to survey, subdivide, improve and lease or sell to the extent and in the manner provided; and for other purposes.

HB 474. By Mr. Egan of the 116th:
A Bill to be entitled an Act to authorize certain counties and munici palities to levy and impose certain excise taxes; and for other purposes.

FRIDAY, FEBRUARY 12, 1971

657

HB 475. By Messrs. Geisinger and Collins of the 72nd, Townsend of the 115th, Davis, Floyd, Westlake and Granade of the 75th, Savage of the 104th, Bell and Noble of the 73rd, Chandler of the 34th, Lee of the 21st and others:
A Bill to be entitled an Act to provide that an individual who holds elective or appointive office may not qualify for another public office unless first tendering his resignation; and for other purposes.

HB 476. By Messrs. Phillips of the 50th and Battle of the 90th:
A Bill to be entitled an Act to provide that it shall be unlawful to en gage in certain activities in relation to the use of fires and ignited ob jects; and for other purposes.

SB 3. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Surface Mining Act of 1968", so as to redefine certain terms; to define "government securities"; to authorize the Board to decline to assert jurisdiction under this Act under certain conditions; to clarify the pro visions relating to annual license fees; and for other purposes.

SB 30. By Senators Smith of the 18th, Kidd of the 25th and Carter of the 14th:
A Bill to be entitled an Act to provide for health and safety require ments in metal and nonmetallic mines; and for other purposes.

SB 32. By Senator Johnson of the 38th:
A Bill to be entitled an Act to create a Statewide tenure law for all ad ministrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.

SB 36. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 34-604, relating to deputy registrars, so as to provide that principals of public high schools shall be deputies to the Board of Registrars for the purpose of reg istering qualified applicants; and for other purposes.

SB 40. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as the "Trial Judges and Solicitors' Retirement Fund Act", so as to remove the pro-

658

JOURNAL OF THE HOUSE,

vision prohibiting trial judges and solicitors of inferior courts from practicing law while receiving retirement pay; and for other purposes.

SB 43. By Senators Riley of the 1st, Searcey of the 2nd and Zipperer of the 3rd:
A Bill to be entitled an Act to create a local tenure law for all ad ministrative and teaching personnel of the Board of Public Education for the City of Savannah and County of Chatham, except those who work directly under a state or local merit system; and for other pur poses.
SB 45. 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 provide for the appoint ment of one additional deputy sheriff whose responsibility is to serve petitions, summons and processes and whatever else may be made sub ject of order of the Judge of the Juvenile Court of Walker County; and for other purposes.

SB 50. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 100-1, relating to State Depositories, so as to change the times which the State Depository shall meet; to place additional duties upon the Board; and for other purposes.
SB 62. By Senators London of the 50th and Overby of the 49th:
A Bill to be entitled an Act to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts relating to indeterminate sentences, so as to provide for opening and closing arguments of counsel in pre-sentence hearings; and for other purposes.

SB 79. By Senator Henderson of the 33rd:
A Bill to be entitled an Act to provide that the clerk of the Civil-criminal court of certain counties shall be entitled to membership in any retire ment system created by the governing authority of said counties; and for other purposes.
SB 81. By Senator Henderson of the 33rd:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for clerks of the superior courts of Georgia, so as to provide that clerks of certain counties shall be entitled to membership in the retirement fund; and for other purposes.

FRIDAY, FEBRUARY 12, 1971

659

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the followingBill of the House and has instructed me to report same back to the House with the following recommendations:
HB 243. Do Pass, by Substitute.
Respectfully submitted,
Snow of the 1st,
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 fol lowing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 3. Do Pass. HB 336. Do Pass as Amended. HB 369. Do Pass. HB 476. Do Pass.
Respectfully submitted, Dorminy of the 48th, 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 follow ing Bill and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 126-331. Do Pass. HB 279. Do Pass.
Respectfully submitted, Howell of the 60th, Chairman.

660

JOURNAL OP THE HOUSE,

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs 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 153. Do Pass by Substitute.
Respectfully submitted,
Levitas of the 77th,
Chairman.

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

SB 39. 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 in Wayne County, so as to change the corporate limits of the City of Jesup; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 42. By Senators Chapman of the 32nd, Garrard of the 37th, Fincher of the 51st and others:
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 neces sary consent for the treatment of minors for drub abuse; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 52. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act creating the Georgia Board of Landscape Architects and providing for the appointment of members of said board; so as to change the fee to be paid by applicants for examination; and for other purposes.
Referred to the Committee on State of Republic.

SB 65. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 79A-99, relating to penalties for violation of the criminal provisions of Title 79A of the

FRIDAY, FEBRUARY 12, 1971

661

Georgia Code relating to pharmacists, etc., so as to provide that courts may defer proceedings against persons who have not been convicted of offenses under said Chapter; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 70. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to prohibit possession of any apparatus, device or instrument for the unauthorized use of drugs; to prohibit the possession, sale or purchase of hypodermic syringes and hypodermic syringes and hypodermic needles unless for authorized medical purposes; and for other purposes.
Referred to the Committee on Health and Ecology.

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 163. By Messrs. Dorminy of the 48th, Battle of the 90th, Nessmith of the 44th, Brantley of the 52nd and many, many others:
A Resolution relating to a Memorial in Washington, D.C. to honor the memory of Honorable Richard Brevard Russell; and for other purposes.

HR 165. By Messrs. Isenberg and Leggett of the 67th, Drury of the 66th and others:
A Resolution expressing sympathy to all the families who had loved ones killed in the Thiokol explosion; and for other purposes.

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

SB 22. By Senator Broun of the 46th:
A Bill to amend an Act providing 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", as amended, 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; to repeal conflicting laws; and for other purposes.

662

JOURNAL OF THE HOUSE,

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

SR 49. By Senator Adams of the 5th:
A Resolution expressing sympathy to the families of all persons killed or injured in the Thiokol explosion; and for other purposes.

Mr. Coney of the 118th moved that the following Bill of the House be with drawn from the General Calendar and referred to the Committee on Banks and Banking:

HB 270. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend Code Section 26-1704, relating to bad checks, so as to require written notice of refusal to honor an in strument for lack of funds in connection with prima facie evidence; and for other purposes.

The motion prevailed and HB 270 was withdrawn from the General Calendar and referred to the Committee on Banks and Banking.
The following Resolution of the House was read and adopted:
HR 171. By Mrs. Merritt of the 48th:
A RESOLUTION
Commending the third grade class of Lovett School; and for other purposes.
WHEREAS, the members of this Body are honored to have present the third grade class of the Lovett School, and their three gracious teachers, Mrs. Aline Layfield, Mrs. Barbara Brooke and Mrs. Peggy Nevins; and
WHEREAS, Lovett School is an Atlanta institution which has been providing quality instruction since 1926 when it was founded by Mrs. Eva Edwards Lovett; and
WHEREAS, as can be seen by observing these well-mannered and bright-looking children, the school has succeeded in its goal of furnish ing Georgia with learned young ladies and gentlemen.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the third grade class of the Lovett School, and their three fine teachers.

FRIDAY, FEBRUARY 12, 1971

663

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate number of copies of this Resolution to the Lovett School in order that each member of the third grade class and the three teachers thereof will each receive a copy.

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

HB 271. By Messrs. Shanahan of the 8th and Roach and Harris of the 10th:
A Bill to be entitled an Act to provide that in certain counties of this State, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds; and for other purposes.

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 an the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chappell

Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R.

Fraser Gaynor Geisinger Gignilliat Granade Grantham Griffin Hadaway Ham Harrington Harris Harrison Hays Hill, B. L. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R.

664
Jordan Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken

JOURNAL OP THE HOUSE,

McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Pearce Peters Phillips, L. L. Pinkston Poole Potts

Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Thompson Toles Triplett Tripp Turner Westlake Wheeler, J. A. Whitmire Wilson Wood

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bowen Bray Buck Carter Chandler Colwell Cook Dixon Dorminy Drury Felton Gary Grahl

Greer Gunter Hamilton Hawes Hill, G. Howell Johnson Knight Matthews^ D. R. Moore Oxford Patten Phillips, G. S. Phillips, W. R. Pickard Rainey

Reaves Scarborough Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Town send Vaughn Wamble Ware Wheeler, Bobby Williams Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 0.

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

HB 136. By Messrs. Nunn and Moyer of the 41st, Ham of the 33rd, Smith and Turner of the 3rd, Smith and Adams of the 39th, Gaynor of the 88th, Bostick of the 63rd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the Clerks of the Superior Courts of Georgia, so as to provide

FRIDAY, FEBRUARY 12, 1971

665

for benefits for additional service; and for other purposes.

By unanimous consent, further consideration of HB 136 was postponed until Monday, February 15, 1971.

HB 321. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", as amended, so as to provide a specific enumera tion of persons authorized and empowered to consent, either orally or otherwise, to surgical or medical treatment which may be suggested, recommended, prescribed or directed by a duly licensed physician; and for other purposes.

The following amendment was read:
Mr. Alexander of the 108th moves to amend HB 321 by adding at the end of subsection (f) on page 3 the following:
"Provided however that before this subsection shall apply the doctor or other person performing the medical or surgical procedure shall certify that he has made reasonable efforts to locate the child's parents or guardian and has been unable to locate same."

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, W. H. Alexander, W. M. Alien Bond Brown, B. D. Burruss Carr Daugherty

Dean, J. E. Dixon Grahl Ham Hamilton Harrison Hill, B. L. Hood

Housley Jones, Herb Merritt Odom Shepherd Sweat Thompson Turner

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Barfield Battle Bell

Bennett, J. T. Berry Black Blackshear Bowen Brantley, H. H.

Brown, C. Brown, S. P. Busbee Carter Chance Chandler

666
Chappell Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Drury Edwards Egan Farrar Felton Fraser Gary Geisinger Gignilliat Granade Grantham Griffin Harrington Hawes Hays Hill, G.

JOURNAL OF THE HOUSE,

Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell Melton Milford Miller Moore Moyer Mulherin

Mullinax Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Sherman Sims Smith, J. R. Smith, V. T. Toles Triplett Westlake Wheeler, J. A. Whitmire Williams

Those not voting were Messrs.:

Atherton Bennett, Tom Bohannon Bostick Brantley, H. L. Bray Buck Cheeks Collier Evans Ezzard Floyd, J. H. Floyd, L. R. Gaynor Greer Gunter Hadaway Harris

Horton Howell Jessup Johnson Lambert Lewis Mason McCracken McDaniell McDonald Miles Morgan Murphy Nessmith Pickard Pinkston Rainey Salem

Savage Shanahan Smith, H. R. Snow Sorrells Stephens Strickland Thomason Townsend Tripp Vaughn Wamble Ware Wheeler, Bobby Wilson Wood Mr. Speaker

FRIDAY, FEBRUARY 12, 1971

667

On the adoption of the amendment, the ayes were 24, nays 118.

The amendment was lost.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell

Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy
Drury Edwards Egan Evans Farrar Felton Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin

668
Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Poole

JOURNAL OF THE HOUSE,

Potts Reaves Roach Ross Rush Russell, A. B.
Russell, H. P. Russell, W. B. Scarborough Shepherd Sherman
Sims
Smith, H. R. Smith, J. R.

Smith, V. T.
Sweat Thompson Toles Triplett Tripp Turner Westlake
Wheeler, J. A. Whitmire Williams
Wood

Those voting in the negative were Messrs.:

Alien

Jones, Herb

Those not voting were Messrs.:

Barfield Bennett, Tom Bray Buck Collier
Daugherty Dean, J. E.
Dent Ezzard
Floyd, J. H. Floyd, L. R. Harris Hill, B. L.

Johnson Lambert Lewis McCracken McDaniell Morgan
Murphy Phillips, W. R. Pickard Pinkston Rainey Salem Savage

Shanahan Snow Sorrells Stephens Strickland Thomason Townsend Vaughn Wamble Ware Wheeler, Bobby Wilson
Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 2.

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

HB 28. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide a uniform crime reporting system; and for other purposes.

The following Committee amendments were read and adopted:
The Committee on Judiciary moves to amend HB 28 by adding on line 8, page 1, section one after the word "municipality" the words "or county".

FRIDAY, FEBRUARY 12, 1971

669

The Committee on Judiciary moves to amend HB 28 on page 1, line 23 by striking the period after the word "reported" and adding thereafter the words "in connection with the provisions of this Act."

The Committee on Judiciary moves to amend HB 28 on page 2, line 21 by adding after the word "municipality" the words "or 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond Bos tick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook

Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Edwards Egan Ezzard Farrar Felton Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, Ted

Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Moore Moyer

670
Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Poole Potts Roach

JOURNAL OF THE HOUSE,

Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Stephens

Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wilson
Wood

Those voting in the negative were Messrs.:

Bowen

Dean, N.

Hudson, C. M.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Bennett, Tom Brantley, H. L. Buck Chandler Collier Conger Dorminy Drury Evans Floyd, J. H. Floyd, L. R.

Griffin Hadaway Harris Howell Jones, Herb Lane, W. J. Longino McCracken Miller Morgan Murphy Northcutt Phillips, G. S.

Phillips, W. R. Pickard Pinkston Rainey Reaves Smith, J. R. Snow Sorrells Strickland Vaughn Wamble Wheeler, BobbyMr. Speaker

On the passage of the Bill, as amended, the ayes were 153, nays 3.

The Bill, having received the requisite constitutional majority, was passed,, as amended.
The Speaker Pro Tern assumed the Chair.

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

FRIDAY, FEBRUARY 12, 1971

671

HB 77. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Litter Control Law", so as to change the provisions relative to 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 ayes were 105, nays 0.

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

HB 234. By Messrs. Lane of the 101st and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act completely and exhaus tively revising, superseding and consolidating the laws of this State, relative to the State Game and Fish Commission, so as to provide for the protection of alligators, crocodiles and caimen; and for other pur poses.

Mr. Gaynor of the 88th moved that HB 234 and all amendments thereto be placed on the table.

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

Those voting in the affirmative were Messrs.:

Alien Barfield Berry Bostick Bowen Brantley, H. L. Chandler Cheeks Cole Collier Collins, S. Davis, E. T. Dixon

Evans Farrar Pelton Gaynor Geisinger Gunter Hadaway Jones, Herb Keyton Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Milford

Miller Moore Nessmith Oxford Reaves Russell, H. P. Russell. W. B. Smith, V. T. Thompson Triplett Whitmire Williams

672

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs. :

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Atherton Bell Bennett, Tom Black Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Clements Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, W. Dean, Gib Dean, J. E. Dean, N. Dorminy Drury Floyd, L. R. Fraser

Gary Grahl Grantham Griffin Ham Hamilton Harris Hawes Hays Hill, G. Hood Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. S. Leggett Logan Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell

McDaniell Melton Merritt Miles Moyer Mulherin Mullinax Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, W. R. Poole Potts Ross Rush Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Stephens Sweat Toles Townsend Turner Westlake Wilson

Those not voting were Messrs. :

Alexander, W. H. Battle Bennett, J. T. Blackshear Buck Chappell Collins, M. Daugherty Dent Edwards Egan Ezzard Floyd, J. H. Gignilliat

Granade Greer Harrington Harrison Hill, B. L. Horton Howell Johnson Knowles Levitas Lewis Matthews, C. McCracken McDonald

Morgan Murphy Phillips, G. S. Phillips, L. L. Pickard Pinkston Rainey Roach Russell, A. B. Snow Sorrells Strickland Thomason Tripp

Vaughn Wamble Ware

FRIDAY, FEBRUARY 12, 1971

673

Wheeler, Bobby Wheeler, J. A. Wood

Mr. Speaker

On the motion to table, the ayes were 38, nays 108.

The motion was lost.

The following amendment was read:
Mr. Cheeks of the 78th moves to amend HB 234 by adding a new Section 5 making the effective date July 1, 1972, and by renumbering old Section 5 as Section 6.

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, G. D. Adams, John Adams, Marvin
Alexander, W. H. Atherton Bennett, Tom Berry Black Bond Bostick Bowen
Brantley, H. L. Brown, C. Burruss Carr Carter Chandler Chappell Cheeks
Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Connell Dailey Daughterly

Davis, E. T. Dean, Gib Dean, N.
Dixon Drury Edwards Egan Evans Farrar Fraser Gaynor
Geisinger Granade Gunter Harrington Harris Harrison Hays Hill, G.
Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson

Jones, Herb Keyton King
Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Levitas
Longino Marcus Mason Matthews, D. R. Mauldin McCracken McDaniell McDonald
Melton Merritt Miles Milford Miller Moyer Mulherin Mullinax Nessmith

674
Oxford Patterson Pearce Phillips, G. S. Phillips, L. L. Reaves Roach Ross Rush

JOURNAL OF THE HOUSE,

Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R.

Smith, V. T. Sweat Townsend Triplett Turner Ware Wheeler, J. A. Wilson

Those voting in the negative were Messrs.

Alexander, W. M. Bell Brown, S. P. Busbee Chance Collier Collins, S. Conger Cook Davis, W. Dean, J. E. Dorminy Floyd, L. R. Gary

Grahl Grantham Griffin Ham Hawes Hood Hudson, Ted Jones, J. R. Larsen, G. K. Lee, W. S. Logan Lowrey Matthews, C. Maxwell

Noble Northcutt Peters Phillips, W. R. Russell, A. B. Smith, J. R. Stephens Thomason Thompson Toles Tripp Westlake Whitmire Williams

Those not voting were Messrs.:

Alien Barfield Battle Bennett, J. T. Blackshear Bohannon Brantley, H. H. Bray Brown, B. D. Buck Dent Ezzard Felton Floyd, J. H. Gignilliat

Greer Hadaway Hamilton Hill, B. L. Jordan Knowles Larsen, W. W. Lewis Moore Morgan Murphy Nunn Odom Patten Pickard

Pinkston Poole Potts Rainey Shepherd Snow Sorrells Strickland Vaughn Wamble Wheeler, Bobby Wood Mr. Speaker

On the adoption of the amendment, the ayes were 110, nays 42.

The amendment was adopted.

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675

The following amendment was read:

Mr. Sweat of the 65th moves to amend HB 234 by striking the words "prima facie" on line 31, page 2 and inserting in lieu thereof the words "considered as".

On the adoption of the amendment, the ayes were 108, nays 5.

The amendment was adopted.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Black Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chandler Chappell Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Conger

Cook Dailey Daugherty Davis, W. Dean, J. E. Dean, N. Dorminy Drury Egan Evans Farrar Felton Floyd, L. R. Gary Gei singer Grahl Granade Grantham Greer Griffin Ham Hamilton Harris Harrispn Hawes Hays Hill, G. Hood Horton Housley

Howard Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Jordan Knight Knowles Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas Logan Lowrey Matthews, C. Matthews, D. R. Maxwell Melton Miles Mullinax Nessmith Noble Northcutt Odom Patten Peters Phillips, W. R,

676
Pinkston Poole Potts Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough

JOURNAL OF THE HOUSE,

Shanahan Shepherd Sherman Smith, H. R. Smith, V. T. Stephens Sweat Thomason Thompson Toles

Townsend Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wilson

Those voting in the negative were Messrs.:

Adams, John Alien Berry Blackshear Bowen Carr Chance Cheeks Collins, M. Colwell Connell Dean, Gib Dixon Fraser Gaynor

Gunter Harrington Howell Hudson, C. M. Isenberg
Jones, Herb Keyton King Lambert
Lane, W. J. Lee, W. J. (Bill) Longino Marcus Mason Mauldin

McDaniell McDonald Merritt Milford Miller Moore Moyer Mulherin Oxford Pearce Reaves Salem Sims Smith, J. R. Triplett

Those not voting were Messrs.:

Battle Bohannon Buck Davis, E. T. Dent Edwards Ezzard Floyd, J. H. Gignilliat Hadaway Hill, B. L.

Leggett Lewis McCracken Morgan Murphy Nunn Patterson Phillips, G. S. Phillips, L. L. Pickard Rainey

Roach Snow Sorrells Strickland
Vaughn Wamble Wheeler, Bobby
Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 119, nays 45.

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

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677

HB 249. By Messrs. Adams of the 100th, Lane of the 101st and Savage of the 104th:
A Bill to be entitled an Act to amend Section 98-6911 of the Code of Georgia, so as to provide for the method of giving notice to any taxpayer of any changes made in his return; and for other purposes.

The following amendments were read and adopted:

Mr. Ham of the 33rd moves to amend HB 249 by adding after the word "di rection" on line 23, page 2, the words "if not delivered".

Mr. Lane of the 101st moves to amend HB 249 by adding in Section 1 a new subsection (d) to read as follows:

"This Bill will become effective upon the signature of the Governor."

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 1.

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

HB 232. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Code Section 84-1109, relating to the annual registration of optometrists, so as to provide for the annual renewal of certificates to practice optometry; and for other purposes.

The following amendment was read and adopted:

Mr. Wheeler of the 18th moves to amend HB 232 by striking from the title the words "to provide an effective date,";

and by inserting after the word "and" which appears on line 23, the follow ing: "effective January 10, 1972,";

678

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and by striking Section 2 in its entirety and by renumbering Section 3 as Section 2.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Conger Connell Cook

Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Edwards Evans Farrar Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, Ted Hutchinson

Isenberg Jessup Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee.W.J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Nessmith Noble Nunn Odom

FRIDAY, FEBRUARY 12, 1971

679

Oxford Patterson
Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross
Russell, A. B.

Russell, W. B.
Salem Savage Scarborough Shanahan Shepherd Sherman
Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Sweat Thomason

Thompson Toles Townsend Triplett Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Collins, M.

Coney, J. L.

Dean, N.

Those not voting were Messrs.:

Bray Buck
Coney, G. D. Drury Egan
Ezzard Felton
Floyd, J. H. Hawes Hudson, C. M. Johnson

Jones, Herb Lambert
Lewis Mason McCracken Morgan Murphy Northcutt Phillips, G. S. Pickard Rainey

Rush
Russell, H. P. Snow Sorrells
Strickland Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 161, nays 3.

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

HB 233. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Section 84-1105 of the Code of Georgia, pertaining to the Georgia State Board of Examiners and Optometry, establishing the qualifications of applicants for registration to practice optometry, designating the subjects upon which an applicant shall be examined, and providing for the payment of fees, so as to in crease the examination and registration fees; and for other purposes.

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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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

Dixon Dorminy Drury Edwards Evans Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Russell, A. B.

FRIDAY, FEBRUARY 12, 1971

681

Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims

Smith, H. R. Smith, J. R. Smith, V. T. Sweat Thompson Toles Triplett Tripp

Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. M. Collins.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bowen Bray Buck Davis, E. T. Egan Ezzard Floyd, J. H. Hadaway Harris

Harrison Lambert Levitas Mason McCracken Morgan Murphy Northcutt Phillips, G. S. Pickard Rainey Rush

Shepherd Snow Sorrells Stephens Strickland Thomason Townsend Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 1.

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

Mr. Brown of the 110th arose to a point of personal privilege and addressed the House.

Mr. Savage of the 104th arose to a point of personal privilege and addressed the House.

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

HB 87. By Messrs. Cole of the 3rd and Harris of the 10th:
A Bill to be entitled an Act to require each and every public or private campground which has facilities for mobile campers to be equipped with sewage collection stations of sewage dump stations; and for other purposes.

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The following amendments were read and adopted:

Mr. Cole of the 3rd moves to amend HB 87 by striking the words "State Parks Department" and inserting in lieu thereof the words "State Department of Health".

Mr. Coney of the 118th moves to amend HB 87 by deleting the word "may" on line 12, Section 2 and inserting in lieu thereof the word "shall".

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks

Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard Parrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger

Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton

FRIDAY, FEBRUARY 12, 1971

683

King Knight Knowles Kreeger Lane, Dick
Lane, W. J. Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald
Melton Miles Milford

Miller Moore
Moyer Mulherin
Mullinax Nessmith
Noble Northcutt Nunn Odom Oxford
Patterson Patten Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach
Ross Rush Russell, A. B.
Russell, H. P.

Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Sweat Thomason Toles Triplett Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Berry Buck Davis, E. T. Dorminy Lambert Lewis Mason McCracken

Merritt Morgan Murphy Pearce Phillips, G. S. Pickard Rainey Snow

Sorrells Strickland
Thompson Townsend Vaughn Wamble Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, as amended, the ayes were 171, nays 0.

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

HB 159. By Mr. Greer of the 95th: A Bill to be entitled an Act to amend Code Section 56-1016, relating to investment by insurers in corporate bonds, debentures, notes and other evidences of indebtedness, so as to provide additional conditions under which such investments may be made; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

684

JOURNAL OF THE HOUSE,

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collins, S. Coney, G. D. Conger Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan Evans Ezzard

Farrar Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell

McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Phillips, L. L. Pinkston Poole Potts Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Thomason Toles Triplett Tripp Turner Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

FRIDAY, FEBRUARY 12, 1971

685

Those not voting were Messrs.:

Battle Berry Buck Chappell Collier Collins, M. Colwell Coney, J. L. Davis, E. T. Dixon Felton
Floyd, J. H. Gignilliat Grahl Hill, B. L. Hill, G.

Johnson Jordan
Lambert Larsen, W. W. Levitas Lewis Mason McCracken McDaniell Morgan Mullinax Murphy Pearce Peters Phillips, G. S.

Phillips, W. R. Pickard Rainey Russell, A. B. Snow Sorrells Strickland Sweat Thompson Townsend Vaughn Wamble Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 0.

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

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, Monday morning, February 15, 1971, and the motion prevailed.

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

686

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 15, 1971

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. Walter M. Blackwell, retired Bap tist minister, Gainesville, Georgia:

Our Heavenly Father, we pause before Thee in the busy hours of this day, to acknowledge Thee as our creator and our preserver through out all the days and years of our lives, and to thank Thee for innumerable blessings that are ours now. We offer our thanks for our good land, for our good and cherished heritage. May we preserve it with profound reverence and gratitude. We thank Thee for the many great and good leaders Thou has given us, and we are celebrating the birthday of two of these this month. Noble and divine, they were God's men for their time. We would thank Thee for many good and great men among us today. We pray for our President. Give him supernatural strength and wisdom for the supernatural tasks before him. We pray for our Governor and all who are serving with him. May he be God's man for this day. We thank Thee for this august body of dedicated ladies and gentlemen. Help them to realize at all times their need of Thee. Grant unto them the necessary wisdom and understanding for their delibera tions. Make us all to see that liberty is not the right to do as we please, but the opportunity to please, to do what is right.

May we seek to know and to do the will of God in all things. Give success and victory in all the worthy endeavors of these two law making bodies. Then, give them the joys that come because of duties well performed. Our Father, in these serious times of crisis and tragedies in our world may we, as never before, turn with all our hearts, unto Him who maketh wars to cease and who holdeth the destiny of this world and all mankind in His hands. We can't do more, we dare do less. We make our prayer in the name of Jesus Christ, our Lord. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bostick

Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements

Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E .T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton

MONDAY, FEBRUARY 15, 1971

687

King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford
Patterson Patten Pearce Peters Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach
Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd. Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

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.

688

JOURNAL OF 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 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 508. By Mr. Alexander of the 96th:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to reduce, over a three-year period, the percentage of the Equalized Adjusted School Property Tax Digest which is used in support of the Minimum Foundation Program; and for other purposes.
Referred to the Committee on Education.

HB 510. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 114-3, relating to workmen's compensation claims and notices of accidents, so as to ex tend the period for filing claims; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 511. By Messrs. Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act to authorize certain counties in this State to establish and maintain a law library, so as to change the minimum and maximum population figures in said Act; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 512. By Mrs. Merritt of the 46th and Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets, and defraying

MONDAY, FEBRUARY 15, 1971

689

the cost of providing personnel and equipment for the control of traffic, so as to provide that certain financial information shall be published; and for other purposes.
Referred to the Committee on State of Republic.

HB 513. By Mesers. Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to provide for a reporting system for the payment of local excise taxes on the sale of malt beverages; and for other purposes.
Referred to the Committee on Temperance.

HB 514. By Messrs. Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county of this State, so as to change the minimum and maximum population figures in said Act; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 515. By Messrs. Isenberg and Leggett of the 67th: A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to change the procedure of ex empting certain persons from jury duty; and for other purposes.
Referred to the Committee on Judiciary.
HB 516. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend an Act providing for the duties and expenses of the judges emeritus of the superior courts, so as to change the provisions relating to expenses and mileage allowances of said judges emeritus while serving as judges in the superior courts; and for other purposes.
Referred to the Committee on Judiciary.
HB 517. By Messrs. Northcutt of the 21st and Matthews of the 63rd: A Bill to be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, so as to change the annual license fee for applicants for licenses to practice chiropractic, and to change certain requirements respecting renewal certificates; and for other purposes.
Referred to the Committee on Welfare.

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HB 518. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, so as to change the subjects which must be covered in examinations of applicants for licenses to practice chiropractic; and for other purposes.
Referred to the Committee on Welfare.

HB 519. By Messrs. Edwards and Black of the 45th, Oxford of the 46th, Mrs. Merritt of the 46th, Messrs. Dailey of the 53rd, Collins of the 62nd, Rush of the 51st, Grantham of the 55th, Hudson of the 48th and others:
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 increase the maximum permissible width of factory built housing; to provide for the issuance of permits and the charges therefor; and for other purposes
Referred to the Committee on Highways.

HB 520. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, so as to change the compensar tion of the Chairman and other Commissioners of Roads and Revenues of Sumter County; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 521. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act abolishing the fee sys tem of compensating the clerk of the superior court and the city court clerk in Sumter County, so as to change the compensation of said clerk and certain employees of said clerk; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 172-521. By Messrs. Davis, Floyd, Westlake and Granade of the 75th, Jordan of the 74th, Geisinger of the 72nd, Bell and Noble of the 73rd, Collins of the 72nd, and Russell of the 77th:
A Resolution creating the DeKalb County Education Study Commission; and for other purposes.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 15, 1971

691

HR 173-521. By Mr. Jones of the 87th:
A Resolution compensating the Hillcrest Abney Memorial Park and Mausoleum, Inc.; and for other purposes.
Referred to the Committee on Appropriations.

HB 522. By Messrs. Stephens of the 103rd and Noble of the 73rd:
A Bill to be entitled an Act to provide for a tax on bottled soft drinks and soft drink syrup; and for other purposes.
Referred to the Committee on Ways and Means.

HB 523. By Messrs. Bennett and Scarborough of the 81st, and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 69-301, relating to liability of municipal corporations, so as to provide that municipal cor porations shall be liable for property damage and personal injury oc casioned by the negligence or nonfeasance of its employees or officers in the exercise of any function essentially governmental in character; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 524. By Messrs. Bennett and Scarborough of the 81st, and Miller of the 83rd:
A Bill to be entitled an Act to partially abolish the governmental im munity of the counties; to limit the amount of county liability; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 525. By Messrs. Parrar, Russell, Thomason and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the City of Avondale Estates, so as to authorize the amendment of city ordinances; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 526. By Messrs. Hadaway of the 27th, Hudson of the 28th, Edwards of the 45th and Conger of the 68th:
A Bill to be entitled an Act to amend Code Section 34-402, relating to expenses of ordinaries and of primaries and elections to be paid by coun ties, so as to provide that each county shall be entitled to reimbursement from the State Treasurer an amount equal to that portion of its ex penses for primaries and elections which can be allocated to nominations and the elections of State Officers; and for other purposes.
Referred to the Committee on State of Republic.

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JOUKNAL OF THE HOUSE,

HR 174-526. By Mr. Dorminy of the 48th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 175-526 By Mr. Harris of the 10th: A Resolution compensating Mrs. Vera Ingle; and for other purposes.
Referred to the Committee on Appropriations.

HR 176-526. By Mr. Stephens of the 103rd:
A Resolution proposing an amendment to the Constitution so as to pro vide that monies derived from soft drink taxes shall be appropriated to the counties; and for other purposes.
Referred to the Committee on Ways and Means.

HB 527. By Mr. King of the 86th:
A Bill to be entitled an Act to amend Code Chapter 84-3, relating to examination and registration of architects, so as to change the provi sions relating to fees for examination and certificates; and for other purposes.
Referred to the Committee on State of Republic.

HB 528. By Messrs. Russell, Thomason and Farrar of the 77th, Collins of the 72nd, Dean of the 76th, Noble of the 73rd, Brown of the 110th and Bond of the lllth, and Horton of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to further define school buses which motorists shall not pass when said buses are stopped to re ceived or discharge school children; and for other purposes.
Referred to the Committee on Highways.

HB 529. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act reincorporating the City of Sparta, so as to change the maximum ad valorem tax rate; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

MONDAY, FEBRUARY 15, 1971

693

HB 530. By Messrs. Savage of the 104th, Granade of the 75th, Hood of the 99th and Shepherd of the 107th.
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 pay and allowances of the Adjutant General; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HR 177-530. By Messrs. Sweat of the 65th, Marcus of the 105th, Moyer and Nunn
of the 41st, Harris of the 10th and Colwell of the 5th: A Resolution relative to the Code of Georgia, Unannotated; and for other purposes.
Referred to the Committee on Judiciary.

HB 531. By Messrs, Egan of the 116th and Geisinger of the 72nd:
A Bill to be entitled an Act to authorize certain counties to levy and impose certain excise taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 532. By Messrs. Egan of the 116th and Geisinger of the 72nd:
A Bill to be entitled an Act to authorize certain counties to levy and impose certain excise taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 533. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to create the Haralson County Water Au thority and to authorize such Authority to acquire and maintain selfliquidating projects embracing sources of water supply and the dis tribution and sale of water and other related facilities to individuals, public and private corporations and municipal corporations; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 534. 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 sys tem of compensation, so as to authorize the sheriff of Haralson County to appoint one additional deputy and jailer; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 535. By Mr. Lee of the 21st:
A Bill to be entitled an Act to amend an Act regulating employment of children, so as to permit the employment of certain minors under the age of 14 years in certain occupations; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 536. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Fiduciary Investment Company Act", so as to permit and allow certain qualified foreign trust institutions to invest in fiduciary investment companies; and for other purposes.
Referred to the Committee on Banks and Banking.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee on State Planning and Community Affairs--Local Legislation:

HB 583. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend the Act creating and establishing a new charter for the City of Albany, so as to authorize the City of Al bany to regulate the speed movement and parking of traffic and vehicles on privately owned streets, ways and parking areas; and for other purposes.

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

HB 477. By Messrs. Levitas, Farrar, Russell and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter and municipal government for the Town of Becatur, in the County of DeKalb, so as to change the provision relative to the maximum tax levy for school purposes; and for other purposes.

HB 478. By Messrs. Adams, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to amend an Act creating the State Court of Floyd County, so as to change the number of jurors in said court; and for other purposes.

MONDAY, FEBRUARY 15, 1971

695

HB 479. By Messrs. Bennett of the 71st, Carter of the 64th, Bostick of the 63rd, Bowen of the 47th, Larsen of the 42nd, Gunter of the 6th, Salem of the 51st, Knight of the 30th, Adams of the 9th, Thompson of the 85th, Howell of the 60th and Barfield of the 71st:
A Bill to be entitled an Act to require the foreman of each outgoing grand jury to spend two days with the incoming grand jurors in order to provide continuity among the various grand juries of the superior courts; and for other purposes.

HB 480. By Messrs. Jordan and Vaughn of the 74th, Farrar, Thomason, Levitas and Russell of the 77th, Bell and Noble of the 73rd, Davis, Granade, Floyd and Westlake of the 75th, Geisinger and Collins of the 72nd:
A Bill to be entitled an Act to amend an Act applying to counties having a population of not less than 500,000 and directing the county commis sioners to pay to the board of education all commissions which would have been retained by the tax commissioner, so as to make said Act applicable to counties having a population of not less than 400,000; and for other purposes.

HB 481. By Mr. Hill of the 97th:
A Bill to be entitled an Act to amend Code Chapter 34-1, relating to preliminary provisions of the Georgia Election Code, so as to provide that no elected official shall be eligible for party nomination or for election to public office other than his own until he shall first resign; and for other purposes.

HB 482. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, so as to provide that the members of the Georgia Board of Chiropractic Examiners shall not serve more than two consecutive terms; and for other purposes.

HR 167-482 By Mr. Rainey of the 47th: A Resoution compensating Mr. James E. Price; and for other purposes.

HB 483. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act entitled the "Housing Au thorities Law", so as to provide that certain cities may add additional members to the housing authorities; and for other purposes.

HB 484. By Messrs. Burruss and Howard of the 117th:
A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to create and define the crime of criminal profiting on unauthorized sound recordings; and for other purposes.

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JIB 485. By Mr. Fraser 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 date on which municipal elections shall be held; to change the hours prescribed for the polls to remain open; and for other purposes.

HB 486. By Mr. Fraser of the 69th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Midway, so as to add one councilman and to provide for four terms of office for the mayor and council of the City of Midway; and for other purposes.

HB 487. By Messrs. Davis, Granade and Westlake of the 75th, Russell of the 70th, Northcutt of the 21st, Lane of the 44th, Collins of the 72nd, Bell of the 73rd and others:
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 reg ister with the Joint-Secretary, State Examining Boards; to provide for the manner of registration; and for other purposes.

-HB 488. By Messrs. Davis, Granade and Westlake of the 75th, Russell of the 70th, Northcutt of the 21st, Lane of the 44th, Collins of the 72nd, Bell of the 73rd and others:
A Bill to be entitled an Act to regulate health and dance studio services, sales, practices and business and financing methods; and for other purposes.

HR 168-488. By Messrs. Gaynor of the 88th, Battle of the 90th, Gignilliat of the 89th, Alien of the 92nd, Jones of the 87th, Blackshear of the 91st, Triplett of the 93rd and Hill of the 94th:
A Resolution compensating the Savannah Transit Authority; and for other purposes.

HB 489. By Messrs. Nunn of the 41st, Pinkston of the 81st, Knowles of the 22nd and Lee of the 61st:
A Bill to be entitled an Act to amend Code Chapter 26-30, relating to Invasions of Privacy, so as to conform said Chapter with the require ments contained in an Act approved June 19, 1968 (Public Law 90-351, 822 STAT. 197, HR 5037 (90th Congress); and for other purposes.

MONDAY, FEBRUARY 15, 1971

697

HB 490. By Messrs. Collier of the 54th, Cole, Smith and Turner of the 3rd, Westlake of the 75th, Salem of the 51st, Bell of the 73rd, Floyd of the 75th and others:
A Bill to be entitled an Act to amend an Act enlarging the powers, authority and jurisdiction of the Georgia Public Service Commission with respect to telephone corporations, companies or persons, firms or associations, so as to authorize the Commission to receive and investi gate complaints by governing authorities of counties and municipalities; and for other purposes.

HB 491. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to authorize that information directly affecting any person which is obtained by duly authorized agents of the State Water Quality Control Board shall be admissible as evidence in actions at law or equity involving private rights or riparian owners; and for other purposes.

HB 492. By Messrs. Collier of the 54th, Smith, Cole and Turner of the 3rd, Salem of the 51st, Westlake and Floyd of the 75th, Bell of the 73rd and others:
A Bill to be entitled an Act to amend Code Chapter 93-3, relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the Commission to consider certain factors when fixing rates of public utilities under its jurisdiction; and for other purposes.

HR 169-492. By Messrs. Lane of the 101st, Rainey of the 47th, Savage of the 104th, Stephens of the 103rd, Granade of the 75th, Hudson of the 48th, Geisinger of the 72nd and many others:
A Resolution proposing an amendment to the Constitution so as to pro vide that federal old-age, survivor or disability benefits shall not be included in income for the purpose of persons 65 years old or older qualifying for a homestead exemption of $4000; and for other purposes.

HB 493. By Messrs. Northcutt, Lee and Gary of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary along Riverdale Road; and for other purposes.

HB 494. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating A Board of Com missioners of Roads and Revenues for Emanuel County, so as to change the compensation of the commissioners; and for other purposes.

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HB 495. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Twin City, so as to provide that commissioners of the City of Twin City shall be elected by the voters of the entire city; and for other purposes.

HB 496. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act relating to the regulation of the practice of dentistry, so as to regulate the filing of applications for dental licenses; and for other purposes.

HB 497. By Messrs. Howard, McDaniell, Housley, Kreeger and Burruss of the 117th, Bostick of the 63rd and Larsen of the 42nd: A Bill to be entitled an Act to amend an Act providing for the organi zation, jurisdiction, venue, practice and procedure of certain courts be low the superior court level, so as to provide for the payment of a salary to each judge and solicitor of such courts from State funds; and for other purposes.
HB 498. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to authorize and direct the governing au thority of Warren County to employ a full-time county policeman who shall have such powers as sheriffs now have; and for other purposes.
HB 499. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Warren County on a salary in lieu of a fee system of compensation, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 500. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to amend an Act placing the sheriff of Warren County on a salary in lieu of a fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.
HB 501. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to amend an Act providing for the com pensation of the ordinary of Warren County, so as to change the com pensation of the ordinary; and for other purposes.

MONDAY, FEBRUARY 15, 1971

699

HB 502. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a commissioner of roads and revenues of Warren County, so as to change the compen sation of the commissioner of Warren County and the compensation of his clerk; and for other purposes.

HB 503. By Messrs. Coney of the 82nd, Brown, Evans, Bennett, Scarborough and Pinkston of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 59-106, relating to the revision of the jury lists and the selection of grand and traverse jurors, so as to provide that in certain counties, jury commissioners shall select a number of citizens to serve as grand jurors which shall not be less than 3 percent of the total number of registered electors in such counties; and for other purposes.

HB 504. By Messrs. Coney of the 82nd, Brown, Evans, Bennett, Scarborough and Pinkston of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to provide for the necessary consent for the treatment of minors for venereal disease; and for other purposes.

HB 505. By Messrs. Davis and King of the 86th, Pearce and Buck of the 84th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend the Charter of Columbus, redesignating the name of the city court of Columbus, to the State Court of Columbus; and for other purposes.

HB 506. By Mr. Sims of the 106th:
A Bill to be entitled an Act to amend an Act relating to a program of vocational rehabilitation and providing that the same shall be ad ministered by the State Board of Vocational Education, so as to change the definition of the term "workshop"; and for other purposes.

HB 507. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act establishing the Criminal Court of Atlanta, so as to increase the number of jurors required to try any misdemeanor offense in the said court from 5 jurors to six jurors; and for other purposes.

HR 170-507. By Mr. Collins of the 72nd: A Resolution compensating E. L. O'Neal; and for other purposes.

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HB 509. By Messrs, Cole of the 3rd and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for a 12 month permit for loads exceeding the length and width limits involving materials or commodities; and for other purposes.

SB 39. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charrter for the Cty of Jesup in Wayne County, so as to change the corporate limits of the City of Jesup; and for other purposes.

SB 42. By Senators Chapman of the 32nd, Garrard of the 37th, Fincher of the 51st and others:
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.

SB 52. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act creating the Georgia Board of Landscape Architects and providing for the appointment of members of said board; so as to change the fee to be paid by applicants for examination; and for other purposes.

SB 65. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 79A-99, relating to penalties for violation of the criminal provisions of Title 79A of the Georgia Code relating to pharmacists, etc., so as to provide that courts may defer proceedings against persons who have not been convicted of offenses under said Chapter; and for other purposes.
SB 70. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to prohibit possession of any apparatus, device or instrument for the unauthorized use of drugs; to prohibit the possession, sale or purchase of hypodermic syringes and hypodermic syringes and hypodermic needles unless for authorized medical pur poses; and for other purposes.

MONDAY, FEBRUARY 15, 1971

701

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community 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 recommenda tions:
HR 122-321. Do Pass. HR 141-425. Do Pass. HR 142-425. Do Pass. SB 45. Do Pass. HB 147. Do Pass. HB 258. Do Pass. HB 259. Do Pass. HB 315. Do Pass. HB 316. Do Pass. HB 317. Do Pass. HB 318. Do Pass. HB 319. Do Pass. HB 325. Do Pasa. HB 331. Do Pass. HB 353. Do Pass. HB 354. Do Pass as amended. HB 355. Do Pass. HB 356. Do Pass. HB 357. Do Pass. HB 390. Do Pass. HB 391. Do Pass. HB 392. Do Pass. HB 393. Do Pass. HB 394. Do Pass. HB 395. Do Pass. HB 400. Do Pass. HB 401. Do Pass. HB 402. Do Pass.

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HB 403. Do Pass. HB 408. Do Pass. HB 413. Do Pass. HB 414. Do Pass. HB 416. Do Pass. HB 417. Do Pass. HB 418. Do Pass. HB 419. Do Pass. HB 420. Do Pass. HB 433. Do Pass. HB 437. Do Pass. HB 441. Do Pass. HB 442. Do Pass. HB 443. Do Pass. HB 449. Do Pass. HB 452. Do Pass. HB 457. Do Pass. HB 458. Do Pass. HB 460. Do Pass. HB 469. Do Pass.

Respectfully submitted, Levitas of the 77th, 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 51. By Senators Plunkett of the 30th, and Webb of the llth:
A Bill to amend an Act creating the State Highway Board, as amended, so as to provide that the State Highway Board and the State Highway Dept. shall not be in certain contracts or contract of any debt unless there shall be sufficient funds appropriated to enable such obligations; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 15, 1971

703

SB 82. By Senators Lester of the 23rd and Holley of the 22nd:
A Bill to amend an Act providing a pension system for the retirement of certain employees of the City of Augusta, as amended, so as to pro vide for an increase of benefits for retired employees based on the U. S. Consumer price Index; to repeal conflicting laws; and for other purposes.

SB 117. By Senator Abney of the 53rd:
A Bill to amend an Act abolishing the fee system of compensation for the ordinary of Walker County and providing in lieu thereof an annual salary, so as to change the compensation of the ordinary of Walker County; to repeal conflicting laws; and for other purposes.

SB 118. By Senator Abney of the 53rd:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Walker County into the office of tax commissioner of Walk er County, so as to change the compensation of said tax commissioner; to repeal conflicting laws; and for other purposes:

SB 119. By Senator Abney of the 53rd:
A Bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County and providing in lieu thereof an annual salary, so as to change the compensation of said clerk of the superior court; to repeal conflicting laws; and for other purposes.
SB 138. By Senators Bateman of the 27th and Rowan of the 8th:
A Bill to aemnd an Act creating a Fiscal Affairs Subcommittee of the Senate and Fiscal Affairs Subcommittee of the House of Representa tives, so as to authorize the Budget Bureau to transfer certain funds under certain circumstances; and for other purposes.
SB 141. By Senators Gillis of the 20th, Bateman of the 27th, Plunkett of the 30th, and Hamilton of the 26th:
A Bill to implement Article VII, Section I, Paragraph 1 of the Con stitution of Georgia which authorized the General Assembly to provide for grants to citizens of Georgia attending colleges of universities in this State which are not branches of the University System; and for other purposes.
HB 64. 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 permit participation in its student honors program by certain pupils of private high schools of this State; and for other purposes.

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HB 72. By Mr. Dailey of the 53rd:
A Bill to abolish the present mode of compensating the ordinary of Calhoun County, known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.

HB 75. By Mr. Dailey of the 53rd:
A Bill to create and establish the Cuthbert-Randolph Airport Authority and to authorize such Authority to acquire and maintain airports and landing fields for the use of aircraft; and for other purposes.

HB 81. By Messrs. Roach, Poole and Harris of the 10th and others: A Bill to amend an Act providing for one additional Judge of the Su perior Court of the Blue Ridge Judicial Circuit, so as to add one court reporter of the Blue Ridge Judicial Circuit; and for other purposes.
HB 187. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th: A Bill to provide for the compensation of the judge of the juvenile court of certain counties of this State; and for other purposes.
HB 188. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th: A Bill to provide for a supplement to the salary of the District At torney of the Chattahoochee Judicial Circuit to be paid from the funds, of Muscogee County; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 85. By Messrs. Lee, Northcutt and Gary of the 21st: A Bill to create a system of pensions and retirement pay for officers,, deputies and employees of Clayton County and the Clayton County Water Authority; and for other purposes.

HB 170. By Messrs. Lee, Gary, and Northcutt of the 21st:
A Bill to amend an Act incorporating the City of Jonesboro in Clayton County, so as to change the date of elections; and for other purposes.

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705

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

HB 189. By Messrs. Pickard, Buck and Pearce of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to amend an Act entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County" so as to comprehensively and exhaustively revise, supersede, consolidate and codify the law relating to public health and the Muscogee County Department of Public Health; and for other purposes.
The following Bills of the House were taken up for the purpose of consider ing the Senate substitutes thereto:

HB 85. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to create a system of pensions and retire ment pay for officers, deputies and employees of Clayton County and Clayton County Water Authority; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to create a system of pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority; to create the Clayton County Pension Board; to provide for the number of members of said Board and the manner in which they are appointed or elected; to provide for terms of office; to provide for the method of electing officers and the manner of holding meetings; to define the powers and duties of the Board; to prescribe the manner in which county officers and employees may be^ come eligible for pension benefits; to prescribe pension benefits class ified as normal retirement benefits, early retirement benefits, deferred retirement benefits, optional retirement benefits, disability retirement benefits, death benefits prior to retirement and termination of service benefits; to provide for the election of optional retirement benefits and to define such benefits; to provide for the designation of beneficiaries; to create a pension fund to be administered by said Pension Board; to prescribe the contributions to said fund by Clayton County; to prescribe for an actuarial review of pension plan; to provide for an increase and decrease in contributions under certain conditions; to provide for phys ical examination of disability claimants; to provide for hearing before the Pension Board; to provide for the discontinuance of disability bene fits under certain conditions; to authorize the Clerk of the Board to issue subpoenas requiring attendance of witnesses and production of documents; to provide that any person failing to attend or produce any record required of him shall be guilty of contempt; to provide penalties

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for contempt; to provide for the investment of pension funds; to provide for the voting of stock held by the fund; to provide for the employment of agents and expert assistants; to provide that the Board may delegate ministerial and limited discretionary duties; to provide that the Board shall not be responsible for any loss accruing as a result of the action of any agent selected by them with reasonable care; to authorize the Board to consult with legal counsel; to provide that the Board shall be fully protected in acting upon the advise of such legal counsel with re spect to questions of law; to provide for an annual appraisal of funds; to provide for annual audits; to provide for the payment of funds for reasonable fees for legal counsel, agents and expert assistance engaged to manage the funds and fees of actuaries and all other actiaroes and all other necessary operating expenses incurred by the Pension Board; to authorize the Pension Board to promulgate rules and regulations; to provide that pension benefits shall not be assignable and shall not be subject to garnishment, attachment, or levy; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. There is hereby authorized and created the Clayton County Pension Board to consist of five members, one of who shall be the Chairman of the Board of County Commissioners, one of whom shall be the Chairman of the Clayton County Water Authority, one of whom shall be the Director of the Clayton County Civil Service Board, one of whom shall be the Comptroller/Administrative Assistant of Clayton County.

The fifth member of the Board shall be selected by and appointed to the Pension Board by the four members enumerated and must be a citizen of Clayton County, not less than twenty-five years of age, and experienced in business or professional work and not in the employment of the State, any County, or Municipal Government. In the case of a tie, the senior Judge of the Clayton Judicial Circuit shall appoint the fifth member. The fifth member of the Board shall serve for a term of four years or until his successor is selected and qualified. The fifth member may succeed himself on the Board. Other members shall serve on said Board by virtue of their elected or appointed position in the employ of Clayton County.

Section 2. The members of the Pension Board shall serve without pay, shall elect their own Chairman, Vice Chairman, and Secretary, and shall delegate to them their respective duties. The Comptroller/Ad ministrative Assistant of Clayton County shall act as Clerk of the Pension Board and in which capacity shall keep all of the records, books, and minutes of said Board.

Section 3. The Pension Board shall hold annually a minimum of four regular meetings in the Courthouse, open to the public, and such special meetings as shall be called by the Chairman, or a majority of the Board members. Clerk of the Board shall give written notice to the members of all regular and special meetings.

MONDAY, FEBRUARY 15, 1971

707

Section 4. A majority of the members of the Pension Board shall constitute a quorum for all purposes. A quorum of said Pension Board shall be necessary for the transaction of any business or the conduct of any hearings before said Board, and no pension shall be granted without the affirmative vote of at least three members of the Board.

Section 5. All County employees, deputies, department heads, and Clayton County Water Authority employees who are employed full time on the effective date of this Act are eligible to come under the terms and provisions of this Act. Any person, except (as set out in the above sentence) who is at or above normal retirement age as set out hereunder, who becomes a full-time employee as classified above after the effective date of this Act who has not reached the age of 56 years at the time of employment after the passage of this Act shall become a member of the Retirement System as a condition of this employment on the anniversary date following the completion of two years of contin uous service in the employ of Clayton County. Not withstanding any other provisions of this Act, employees who have reached the age 56 years at the time of employment after the passage of this Act shall not be eligible for pension benefits.

Employees and deputies as terms are used herein shall include employees and deputies of Clayton County, of the Clayton County Water Authority, employees, department heads, and deputies or County of ficers by whatever name or title employed or deputized, who perform full-time service for the benefit of Clayton County and are paid a fulltime salary for such service. Where the County is used herein pertain ing to employees, it shall also include the Clayton County Water Au thority.

Section 6. On and after the effective date of this Act, any qualified employee as designated in Section 5 may apply for and obtain a pension under the terms and amounts hereinafter set forth. Such employees coming under the provisions of this Act are hereinafter referred to as participants.
Benefits paid hereunder shall be classified:
(a) Normal Retirement Benefits
(b) Early Retirement Benefits
(c) Deferred Retirement Benefits
(d) Optional Retirement Benefits
(e) Disability Retirement Benefits
(f) Death Benefits Prior to Retirement
(g) Termination of Service Benefits.
(a-1) Normal Retirement Date

The normal retirement date for any participant of the Plan shall be the first day of the month following his attainment of age 65, or alternatively, the first of the month following his completion of 35 years of credited service, but in no event prior to age 62.

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(a-2) Normal Retirement Benefit

The participant, upon retirement on his normal retirement date will receive a monthly pension payable for life equal to 1% percent of his final average salary multiplied by his years of credited service less 1*4 percent of his primary Social Security benefit multiplied by his years of credited service. In no event shall the Social Security reduc tion be more than 50 percent of the employee's primary Social Security benefit.

For purpose of determining benefits, credited service is to be calculated as years and completed months of continuous employment with the County on a full-time, permanent basis from the last date of employment up to the date eligible to receive benefits.

Average salary to be used for the calculation of benefits will be determined as 1/12 of the arithmetic average of the employee's five (5) highest consecutive years of compensation received during the last ten (10) years of his employment, as determined by his W-2 earning statement, provided, however, that if retirement occurs prior to the completion of five years of service, such average shall be computed with respect to annual compensation during the total years prior to retirement.

Unless an optional form of retirement income is elected by the employee, his retirement benefit will be payable for life, but guaranteed to be payable to him or to his designated beneficiary for at least 60 months.

(b-1) Early Retirement Date

The early retirement date of a participant shall be the first day of any month following the attainment of 62 and who has completed at least 20 years of credited service at said time.

(b-2) Early Retirement Benefits

A participant, upon retirement on an early retirement date, shall receive an immediate monthly early retirement benefit calculated ac cording to the pension formula reflecting his salary and service at the date of such early retirement, to be paid during the lifetime of the participant with a minimum of 60 monthly payments to the participant or his beneficiary. Benefit so computed shall be actuarially reduced to reflect the shorter period of accumulation of reserves and the longer period over which the benefit is expected to be paid.

(c-1) Deferred Retirement Date

A participant may, upon request of his department head and with concurrence of the Pension Board, remain in the employ of the County on a year-to-year basis beyond his normal retirement date.

MONDAY, FEBRUARY 15, 1971

709

(c-2) Deferred Retirement Benefits

The participant, upon his deferred retirement date shall receive monthly retirement benefits computed in the same manner as for a normal retirement benefit and the same benefit that would have been payable had the participant retired at his normal retirement date payable for life but guaranteed to be payable to him or his designated beneficiary for at least 60 months.

(d-1) Election of Optional Retirement Benefits

A participant may elect, or revoke a previous election and make a new election at any time, at least one year prior to retirement, to receive his income under one of the options hereinafter set forth in lieu of the retirement benefit he is otherwise entitled to receive and such benefits shall be paid in accordance with the terms of such elected option. Election of any option must be made by the participant in writing.

(d-2) Descriptions of Options

(1) Ten year certain and life under which the benefits are payable for the lifetime of the participant, but guaranteed to be payable to him or his designated beneficiary for at least ten years or 120 months, such reduced monthly benefits to be actuarially equivalent of the amount of benefit that would otherwise be payable to the participant. Actuarial equivalent shall, for all participants, be as the Pension Board may here after adopt. Based upon the recommendations of the actuary or firm of consulting actuaries from time to time.

(2) Joint and Survivor Income under which the participant can elect to receive a reduced pension so that upon the participant's death, if the participant's spouse is then alive, such spouse will be entitled to receive a continuation of all or a portion of the benefit which the participant was receiving, for the remainder of such spouse's lifetime. Such reduc tion in the participant's pension for this option to be based upon the proportion which he wishes to have continued to his beneficiary and the age and sex of the beneficiary. A participant who elects this option should designate a person to receive the benefits which continue to be payable upon the death of the participant. Such person shall be the joint annuitant of the participant. The election by a participant of this option shall be null and void if either the participant or his designated joint annuitant shall die before benefits commence. In the event this election becomes null and void, the participant shall have the right to name another joint annuitant or elect another option under which circumstances the one year requirement in subsection (d-1) shall be waived.
(e-1) Disability Retirement Date

The disability retirement date of a participant becoming totally and permanently disabled after completion of three (3) years of service, shall be the first day of the month after the Pension Board has deter mined to its satisfaction that the participant is so disabled.

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(e-2) Disability Retirement Benefit

Upon retirement on his disability retirement date, a participant shall receive a monthly retirement benefit payable on the first day of each month thereafter during the lifetime of the participant and con tinuation of disability. The amount of such monthly retirement pay ments shall be equal to 50 percent of the participant's monthly rate of earnings as of the date of disability minus the amount of primary benefits to which the participant may be entitled under the Federal Social Security Act, but not less than the full accrued benefit computed in the same manner as for a normal retirement benefit, but based on average compensation and service of the participant as of his disability retirement date.

(f-1) Death Benefits Prior to Retirement

In the event that a participant is killed in the performance of his duty his spouse will be entitled to a monthly income for life or until re-marriage equal to 50 percent of the benefit which the participant would have received at his otherwise normal retirement age based upon his annual compensation in the calendar year preceding his death.

(g-1) Termination Benefits

If a participant voluntarily or involuntarily leaves the employ of the County other than by death, disability, or retirement, and if such termination of services occurs after the completion of ten (10) years of credited service, the participant will be entitled to a vested pension payable at his otherwise normal retirement age, but based upon the pension accrued to the time of such termination. The proportion of the benefit vested will be as follows:

Years of Credited Service At Date of Termination
10 years 11 years 12 years 13 years 14 years 15 years (or more)

Percentage of Pension Vested
50% 60% 70% 80% 90% 100%

The participant must notify the Pension Board as to his whereabouts when he reaches age 65 and also provide to the satisfaction of the Pen sion Board his identity to qualify and receive such benefits.

Section 7. There is hereby created a Pension Fund to be adminis tered by the Clayton County Pension Board and from which this Board shall pay the benefits as set out hereinbefore to the participants therein, said fund to consist of contributions from Clayton County, the Clayton County Water Authority as set out hereinafter and its accumulation by investments and reinvestments under the direction and control of the Pension Board as set out hereinafter.

MONDAY, FEBRUARY 15, 1971

711

Section 8. The Governing Authority of Clayton County and the Clayton County Water Authority shall appropriate to the, pension fund annually to be paid in quarterly installments, a sum of not less than 7 percent of their payroll cost for covered employees for a period of three years following the effective date of this Act,

Within sixty (60) days prior to the end of the first three year period, next following the effective date of this Act, it shall be the duty of the Governing Authority of Clayton County with advice of the Pension Board to employ some qualified actuary or firm of actuaries to analyze the Clayton County Pension Plan and Fund and report thereon to the Pension Board its findings. In the event such report reveals that the appropriations herein provided are insufficient to maintain the plan on a sound basis, it shall be the duty of the Governing Authority of Clayton County and the Clayton County Water Authority to appropriate such additional sums for the next three years as would be necessary to maintain the fund and the Plan on a sound financial basis. Should the actuary or firm of actuaries find that a lesser appropriation by the aforesaid would maintain the fund on a sound financial basis, then Clayton County and its Water Authority is authorized, upon approval of the Pension Board, to decrease its contribution to the percentage of the total payroll found by the actuary or firm of actuaries to be suf ficient to maintain the Plan and fund on such financial basis. There after, the Pension Plan shall be actuarily reviewed a minimum of one time every three years and adjustments made, if found necessary, as set out herein.

Section 9. Whenever an application for disability pension has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia certifying to the disability of such applicant for a pension. Promptly thereafter the Pension Board shall order the applicant to be examined by a physician to be named by the Board who likewise shall certify the physical ability or disability of the applicant. In the event the certificate of the respective physicians generally agree upon disability, such facts shall be conclusive as to the physical condition of the applicant and the Pension Board shall grant a pension in the appropriate amount. In the event the certificates of the aforesaid physicians disagree as to the condition of the applicant, then under these circumstances, the Pension Board shall conduct a hearing for the purpose of determining the true condition of the applicant and the decision of the Board after a hearing shall be final as to the physical condition of the applicant.

Section 10. The Pension Board shall have the right at intervals of not less than one year to require an examination of all participants receiving disability pensions under the provisions of this Act, and in the event such participants are found not to be disabled, may after hearing evidence thereon and giving participants opportunity to be heard, dis continue such participant's disability pension. Provided further that in the event such participant receiving disability benefits refuses to submit to a physical examination after thirty (30) days notice to report for such examination, the Pension Board shall discontinue payments of benefits until he submits to such examination, and the participant shall be deemed to have forfeited his benefits during the time of refusal to so submit to a physical examination.

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Section 11. In any hearing before the Pension Board, the Clerk of the Pension Board shall have the authority to issue subpoenas in the name of the Board, requiring the attendance of witnesses and the production of documents for the purpose of being used as evidence be fore said Board. Any witness failing to attend or to produce any record required of him, without legal excuse, shall be guilty of contempt of the Board and may be fined for same as if such person or legal entity were in contempt of an order of the Superior Court of Clayton County, Georgia.

Section 12. The Pension Board shall have authority to invest and reinvest money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, as determined by the Board, in securities of the United States of America, including securities of agencies of said Government, the State of Georgia, or in sured savings in savings and loan associations and state and national banks, corporate bonds and debentures or other evidence of indebtedness assured or guaranteed by any solvent institution existing under the law of the United States of America which are not in default as to principal or interest and which are secured by collateral worth at least fifty percent (50%) more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of such required collateral consist of common stock; corporate stocks which are non-assessable dividend paying stocks, common or preferred in cor porations having an A rating or better according to Standard and Poor or Moody index current at the time of the investment, provided cash dividend on such common stock shall have been paid out of current earnings in at least two of the last three years preceding the purchase, provided, however, that the pension fund shall not own more than ten percent (10%) of the issued and outstanding share of any one corpora tion; in first loans on real estate that are guaranteed or insured by the Federal Government, provided these loans are handled and serviced by an investment firm engaged in that business and at a service rate not to exceed the usual charge made by said firm for other like in vestors, provided that the Pension Board shall not have invested in such real estate loans at any one time more than 20 percent of the entire Pension fund; and in any other investment recommended by the expert agents and assistants hereinafter stipulated.

Section 13. The Chairman of the Pension Board shall exercise the voting rights pertaining to any security at any time held in the fund, and accept and hold any securities issued in connection therewith in accordance with Rules and Procedures and Requirements as may be adopted and delegated by the Pension Board.

Section 14. The Pension Board, in the management of the pension fund, may employ agents and expert assistants and delegate to them such ministerial and limited discretionary duties as it sees fit. Said Board shall not be responsible for any loss occurred by any agent selected by it with reasonable care, and shall be fully protected in acting upon the advise of expert assistants.

Section 15. The Pension Board shall have the authority as often as such Board deems necessary to consult with legal counsel and shall

MONDAY, FEBRUARY 15, 1971

713

be fully protected in acting upon the advice of such counsel with respect to questions of law.

Section 16. The Pension Board shall annually have an appraisal made of funds invested by a qualified investment appraisal firm for the purpose of ascertaining productivity and soundness of investments and will use such appraisals in their responsibility of providing and insuring the best possible investments at all times.

Section 17. The Pension Board shall have an audit made annually, by the auditors employed by Clayton County, of the pension fund and make report of such audit examination to the County Governing Au thority.

Section 18. The Pension Board shall have the authority to direct the payment from its funds, reasonable fees for legal counsel, agents and expert assistants engaged to manage the funds, fees of actuaries or firm of actuaries, employed by them, investment appraisals costs, annual audits, and all other necessary operating expenses incurred by the Pension Board.

Section 19. Immediately following the effective date of this Act, it shall be the duty of the Pension Board herein created to promulgate rules and regulations consistent with, but not inconsistent with this Act, providing for procedures to administrate these pension funds for the benefit of those entitled to be compensated from such funds.

Section 20. None of the benefits granted under the terms and condi tions of this Act shall be assignable by the participant, or anyone claim ing under him whether as beneficiary or joint annuitant, nor shall any benefits payable hereunder be subject to garnishment, attachment, gar nishment in attachment, levy, or any other judicial process.
Section 21. Should any provision of this Act be held unconstitu tional or invalid, the remainder of the Act, shall remain in full force and effect.
Section 22. This Act shall become effective July 1, 1971; however, no benefits shall be payable until after January 1, 1972.
Section 23. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 115, nays 0.

The motion prevailed and the Senate substitute to HB 85 was agreed to.

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JOURNAL OP THE HOUSE,

HB 170. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Jonesboro in Clayton County, so as to change the date of elections; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act incorporating the City of Jonesboro in Clayton County, approved August 18, 1919 (Ga. Laws 1919, p. 1067), as amended, particularly by an Act approved February 25, 1937 (Ga. Laws 1937, p. 1972), so as to change the date of elections; to remove the provisions relating to a plurality vote for candidates seeking the offices of mayor and council of said City; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act incorporating the City of Jonesboro in Clayton County, approved August 18, 1919 (Ga. Laws 1919, p. 1067), as amended, particularly by an Act approved February 25, 1937 (Ga. Laws 1937, p. 1972), is hereby amended by striking Section 4 in its entirety and in serting in lieu thereof a new Section 4 to read as follows:
"Section 4. On the first Saturday in December, 1971, an election shall be conducted at such place as the mayor and council shall designate for three councilmen, whose terms expire with the municipal year 1971, and said three councilmen so elected shall serve for terms of office of two years each, and until their successors are elected and qualified, and whose terms of office shall begin on the first Monday in January, 1972. On the first Saturday in December, 1972, an election shall be conducted at such place as the mayor and council shall designate for the election of a mayor and three councilmen whose terms expire with the municipal year 1972, and said mayor and three councilmen so elected shall serve for terms of office of two years each, and until their successors are elected and qualified, and whose terms of office shall begin on the first Monday in January, 1973. A regular election shall be conducted in and for said City of Jonesboro as provided herein on the first Saturday in December of each year for the election of mayor and councilmen or councilmen, as the case may be, to fill vacancies occurring on the first Monday in January following; the terms of office of the mayor and councilmen shall be two years each, or until their successors are elected and qualified."
Section 2. Said Act is further amended by striking Section 10 in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, FEBRUARY 15, 1971

715

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 115, nays 0.

The motion prevailed and the Senate substitute to HB 170 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 189. By Messrs. Pickard, Buck and Pearce of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th: A Bill to be entitled an Act to amend an Act entitled "An Act to com bine the Department of Health of the City of Columbus with the De partment of Health of Muscogee County," so as to comprehensively and exhaustively revise, supersede, consolidate and codify the law relating to public health and the Muscogee County Department of Public Health; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 189 as follows:
By striking from the title the phrase "to provide an effective date" and inserting in lieu thereof the following: "to provide that the Colum bus Department of Public Health shall be the successor to the Muscogee County Department of Public Health with all of the rights, powers, duties and authority formerly vested in the Muscogee County Depart ment of Public Health;".
By renumbering Section 20 as Section 21 and adding a new Section 20 to read as follows:
"Section 20. The Columbus Department of Public Health created herein shall be the successor to the Muscogee County De partment of Public Health which existed prior to the effective date of this Act, and said Columbus Department of Public Health shall be vested with all of the rights, powers, duties and authority form erly vested in the Muscogee County Department of Public Health."
Mr. Pickard of the 84th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 115, nays 0.
The motion prevailed and the Senate amendment to HB 189 was agreed to.

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JOURNAL OF THE HOUSE,

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

SB 45. 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, as amended, so as to provide for the appointment of one additional deputy sheriff whose responsi bility is to serve petitions, summons and processes and whatever else may be made subject of order of the Judge of the Juvenile Court 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.

HB 147. By Messrs. Adams of the 100th, Lane of the 101st, Egan of the 116th, Marcus of the 105th and Longino of the 98th:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, as amended, so as to make certain persons eligible to become members of the re tirement fund; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

HB 258. By Messrs. Levitas, Russell and Farrar of the 77th:
A Bill to be entitled an Act to amend an Act creating a system of retirement and pension pay for employees of the City of Decatur, as amended, so as to provide that excess funds in the city employee re tirement fund may be invested subject to the restrictions placed upon investments of domestic life insurance company; to authorize the em ployment of agents for advisory and investment purposes; and for other purposes.

MONDAY, FEBRUARY 15, 1971

717

The report 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 259. By Messrs. Levitas, Russell and Farrar of the 77th:
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 in the County of DeKalb, as amended, so as to authorize the City of Decatur to close to public use a part of a certain park located within 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 315. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the ordinary of Houston County upon an annual salary, as amended, so as to change certain of the date relative to the submission and approval of budgets by 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 316. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary, as amended, so as to change the certain dates relative to the submission and approval of budgets by said officer; and for other purposes.

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JOURNAL OP 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 317. By Messrs. Nunn and Moyer of the 41st: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, as amended, so as to change certain of the dates relative to the submission and approval of budgets by 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 115, nays 0.

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

HB 318. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Houston County upon an annual salary, as amended, so as to change certain of the dates relative to the submission and approval of budgets by 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 115, nays 0.

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

HB 319. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Houston County, as amended, so as to provide that the

MONDAY, FEBRUARY 15, 1971

719

fiscal year for Houston County shall commence on the 1st day of July each year and extend through the 30th day of June the following 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 115, nays 0.

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

HB 325. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Clayton Judicial Circuit, as amended, so as to authorize the district attorney of the Clayton Judicial Circuit to appoint one assistant district attorney to assist him in the performance of the official duties of his 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 115, nays 0.

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

HB 331. By Messrs. Adams of the 100th, Alexander of the 96th, Lane of the 101st, Hawes of the 95th, Egan of the 116th and many others:
A Bill to be entitled an Act to amend an Act providing for the exami nation of master electricians in counties having populations of 150,000 or more, as amended, so as to provide that said Act shall not apply to counties having a population of 500,000; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 353. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Stephens County, as amended, so as to change the compensation of the judge and 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 115, nays 0.

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

HB 354. 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 annual salary, as amended, so as to change the provisions relative to the compensation of the sheriff; to change the provisions relative to the compensation of the deputies; to change the compensation of the secretary; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 354 by striking on page 2, line 9 the figure "$65,000.00" and substituting in lieu thereof the figure "$6,500.00".

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, the ayes were 115, nays 0.

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

HB 355. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Stephens County, so as to change the provisions relative to the compensation of said clerk; and for other purposes.

MONDAY, FEBRUARY 15, 1971

721

The report 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 356. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Stephens County on an annual salary, so as to change the provisions relative to the compensation of the ordinary; to change the compensa tion 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 115, nays 0.

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

HB 357. By Messrs. Chandler and Harrington of the 34th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Wilkinson County on an annual salary in lieu of the fee system of compensation, so as to authorize the governing authority of Wilkinson County to furnish the sheriff with such automobiles as may be required for him to adequately perform the official duties of his 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 115, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 390. By Mr. Carr of the 35th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Washington County, known as the fee system; to pro vide 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 115, nays 0.

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

HB 391. By Mr. Carr of the 35th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Washington 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 115, nays 0.

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

HB 392. By Mr. Carr of the 35th:
A Bill to be entitled an Act to provide that certain officers of Washing ton County shall submit an annual budget; and for other purposes.

The report 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.

MONDAY, FEBRUARY 15, 1971

72S

HB 393. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Deepstep, as amended, so as to change the term of office of the mayor and council; and for other purposes.

The report 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 394. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system, of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, as amended, so as to change the compensation of the clerk of the superior court of Washington 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 395. By Mr. Carr of the 35th: A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, as amended, so as to change the time of the election and installation of city officials; and for other purposes.
The report 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.

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JOURNAL OF THE HOUSE,

HB 400. By Mr. Grantham of the 65th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Douglas, as amended, so as to extend the corporate limits of said city; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 401. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, as amended, so as to provide the procedures which govern the contest of elections and primaries in said city; 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.

HB 402. By Messrs. Bostick, Matthews and Patten of the 63rd:
A Bill to be entilted an Act creating and establishing the State Court of Tift 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.

MONDAY, FEBRUARY 15, 1971

725

HB 403. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to amend an Act creating the State Court of Effingham County, as amended, so as to change the salary of the judge of the 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 408. By Messrs. Pinkston, Brown, Bennett, Evans and Scarborough of the 81st and Miller of the 83rd: A Bill to be entitled an Act to amend an Act creating the Citizens Com mission on Efficiency and Economy in Government in Macon and Bibb County, so as to extend the period of time in which the Commission may function; to authorize the governments of the City and County to expend additional funds in order to complete the work of the com mission; and for other purposes.

The report 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 413. By Messrs. Nunn and Moyer of the 41st: A Bill to be entitled an Act to amend an Act changing the method and manner of electing the members to the Board of Education of Houston County, as amended, so as to provide a procedure whereby the com pensation of the members of the board 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

726

JOURNAL OF THE HOUSE,

HB 414. By Messrs. Miller of the 83rd, Coney of the 82nd and Pinkston, Brown, Evans and Bennett of the 81st:
A Bill to be entitled an Act to amend Section 57 of an Act approved August 27, 1872 (Ga. L. 1872 pp. 222, 239), entitled "An Act to amend the several Acts incorporating the City of Macon, and for other pur poses" so as to provide that notwithstanding any provision of said Section, the City shall have the power and authority to transfer and convey by quitclaim to the State of Georgia a certain described portion of Central City Park; and for other purposes.

The report 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 416. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new Board of Education of Newton County, so as to change the provisions relative to the election of the members of the Board of Education of Newton 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 417. By Mr. Morgan of the 23rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Newton County on a salary basis, 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.

MONDAY, FEBRUARY 15, 1971

727

HB 418. By Mr. Morgan 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 a salary, as amended, so as to change the compensation of the clerk of the Superior Court of Newton 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 419. By Mr. Morgan 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, as amended, so as to change the compensation of the Ordinary of Newton 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 420. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner of Newton County, as amended, so as to change the salary of the Tax Commissioner of Newton 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.

728

JOURNAL OF THE HOUSE,

HB 433. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of com pensation, as amended, so as to change the compensation of the Ordinary of Clayton 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 437. By Messrs. Scarborough, Bennett and Brown of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act establishing the board of public education and orphanage for Bibb County, as amended, so as to change the number of members of the board; to change the method of selection of the members of the board; to provide the qualifications for such members; 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 115, nays 0.

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

HB 441. By Messrs. Alexander of the 108th, Dean of the 76th, Stephens of the 103rd, Alexander of the 96th, Thomason of the 77th and many others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 24, 1874, and the several Acts amendatory thereof; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

MONDAY, FEBRUARY 15, 1971

729

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

HB 442. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Lee County and providing in lieu thereof an annual salary, as amended, so as to change the maximum salary which the sheriff may be entitled to receive; and for other purposes.

The report 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 443. 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, as amended, so as to authorize the clerk to employ two deputy clerks to assist in discharging the official duties of his 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 115, nays 0.

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

HB 449. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act requiring the clerks of the superior courts of certain counties to attend the Court of Ordinary for the trial of certain cases, as amended, so as to change the population figures contained therein and the census; and for other purposes.

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

730

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 452. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act repealing an Act creatinga board of commissioners for Montgomery County and creating a new board of commissioners for the County of Montgomery, so as to create an expense allowance for the board of commissioners; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 457. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to provide for the appointment of the county school superintendent of Lamar County by the Board of Education of Lamar County; to provide qualifications for the superintendent; 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 115, nays 0.

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

HB 458. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Lamar County; to provide for education districts; to provide the manner of electing members to the board; and for other purposes.

MONDAY, FEBRUARY 15, 1971

731

The report 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 460. By Messrs. Brown, Evans, Pinkston, Bennett and Scarborough of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act fixing the terms of the Superior Courts of Bibb County and providing for the drawing of Grand Juries, so as to provide for the drawing of an additional Grand Jury; and for other purposes.

The report 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 469. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Court of Hall County, as amended, so as to change and increase the terms 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 115, nays 0.

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

HR 122-321. By Messrs. Levitas, Russell and Farrar of the 77th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the City of Decatur, Georgia, who is sixty-five (65)

732

JOURNAL OF THE HOUSE,

years of age or older shall be granted an exemption from all City of Decatur, Georgia, ad valorem taxes of $2,000.00 of the value on the
homestead owned and occupied by said resident as a homestead within said City if the net income of said resident from all sources including
the net income of the spouse of said resident and all members of the family of said resident who also occupy and reside at such homestead does not exceed $4,000.00 for the immediately preceding taxable year; 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 Constitution of Georgia of 1945 is hereby amended by adding at the end thereof the following paragraph:

"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Decatur, Georgia, who is sixty-five (65) years of age or older is hereby granted an exemp tion from all City of Decatur, Georgia, ad valorem taxes in the amount of $2,000.00 of the value on the homestead owned and occu pied by said resident as a homestead within said City if the net income of said resident, together with the net income of the spouse of said resident and all members of the family of said resident who also occupy and reside at such homestead, as net income is defined by Georgia law for income tax purposes, from all sources, including any Federal old-age, surivvor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made there to by said resident or his or her spouse or other family member residing in said homestead, does not exceed $4,000.00 for the im mediately preceding taxable year. The value of the homestead in excess of the above exempted amount shall remain subject to tax ation. Any such resident shall not receive the benefits of such homestead exemption unless he or she, or through his or her agent, files an affidavit with the City Clerk, giving his or her age and the amount of income that he or she, including the income of his or her spouse and all members of the family who also occupy and reside at such homestead, received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the City Clerk to make a determination as to whether such resident is en titled to such exemption. The City Clerk shall provide forms for this purpose. The exemption provided for herein shall apply to all tax able years beginning after December 31, 1972."

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:

MONDAY, FEBRUARY 15, 1971

733

"YES ( ) Shall the Constitution be amended so as to pro vide that each resident of the City of Decatur
NO ( ) Georgia, who is sixty-five (65) years of age or older shall be granted an exemption from all City of Decatur, Georgia ad valorem taxes of $2,000.00 of the value on the homestead owned and occu pied by said resident as a homestead within said City if the net income of said resident from all sources including the net income of the spouse of said resident and all members of the family of said resident who also occupy and reside at such homestead does not exceed $4,000.00 for the immediately preceding taxable year."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D.

Coney, J. L. Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R.

734
Praser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, W. R. Pinkston

Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Bohannon Conger Cook Floyd, J. H. Greer Griffin Hamilton

Hill, B. L. Hill, G. Hood Johnson Lewis Patterson Phillips, G. S.

Phillips, L. L. Pickard Reaves Salem Snow Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 174, nays 0.

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

MONDAY, FEBRUARY 15, 1971

735

HR 141-425. By Mr. Morgan of the 23rd:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the establishment, administration and maintenance of sewerage, water, sanitation, garbage collection, landfill and fire protection districts in Newton County; to provide for the levy of taxes in connection therewith with no exemptions from taxation being allowed; to provide for a refer endum to be held in any affected area; to provide for the issuance of bonds in connection therewith in addition to the maximum debt limita tions of such 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 GEORGIA:

Section 1. Article VII, Section IV, Paragraph III, of the Consti tution is hereby amended by adding at the end thereof the following:

"The governing authority of Newton County is hereby au thorized to district the unincorporated portion of Newton County into sewerage, water, sanitation, garbage collection, landfill and fire protection districts, and to exercise the powers hereinafter pro vided relative to said districts, conditioned, however, upon an assent of a majority of the qualified voters of any such proposed district voting in an election held for that purpose, naming the district, the purpose of the district and the millage rate which is to be so authorized. When a proposed district has been approved by the voters of said district as provided above, the governing authority of Newton County shall be authorized to levy the tax or taxes so approved only upon the taxable property in such district, without the grant or allowance of any exemption from taxations as set forth in Article VII, Section I, Paragraph IV, or in any other pro vision of the Constitution, for the purpose of providing such services and systems for which such district was created, and for construct ing and maintaining such facilities as are necessary to provide such services and systems. The maximum tax millage which shall be authorized for any sewerage district, any water district, any sani tation district, any garbage collection district, any landfill district, or any fire protection district shall be 5 mills except that a lesser tax millage may be approved. Any other provision of the Consti tution to the contrary notwithstanding, the governing authority of said county is hereby authorized to issue bonds in an amount not exceeding ten per centum (10%) of the assessed value of all of the taxable property located in any such district subject to taxation for bond purposes, and any such bonds issued or debts incurred in and for any such district shall not affect the amount of bonds Newton County may issue, or the amount of debts said county may incur, for other purposes under Article VII, Section VII, Paragraph I of the Constitution, or under any other provision of the Constitution, or under the laws of this State, and such bonds as herein authorized may be issued in addition thereto. The governing authority of Newton County is further authorized

736

JOURNAL OP THE HOUSE,

to enter into contracts with private persons, private corporations,, municipal corporations, public bodies, political subdivisions and agencies of this State for the purpose of establishing and main taining such districts and providing the sewerage, water, garbage collection, landfill or fire protection services and systems as herein set out."

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

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

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Newton County to establish
NO ( ) and administer sewerage, water, sanitation, garbage collection, landfill and fire protection districts and levy taxes on the property in such districts, without the allowance of any exemptions from taxation, after the assent of a majority of the qualified voters voting in an election held thereon in the affected areas?"

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 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, G. D. Adams, John Adams, Marvin

Alexander, W. H. Alexander, W. M. Alien

Atherton Barfield Battle

MONDAY, FEBRUARY 15, 1971

737

Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Coiling, M. Collins, S.
Colwell Coney, G. D. Coney, J. L. Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy
Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser
Gary
Gaynor
Geisinger

Gignilliat Grahl Granade Grantham Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M.
Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger
Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Mason
Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt
Miles
Milford
Miller

Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, W. R. Pinkston
Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan
Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett
Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire
Williams
Wilson
Wood

738

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bohannon Conger Cook Floyd, J. H. Greer Griffin Hamilton

Hill, B. L. Hill, G. Hood Johnson Lewis Patterson Phillips, G. S.

Phillips, L. L. Pickard Reaves Salem Snow Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 174, nays'O.

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

HR 142-425. By Mr. Morgan of the 23rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in con nection with any activity at any racetrack in any area of Newton County; 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. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is authorized to empower the Board of Commissioners of Newton County with the right and power, for regulatory and revenue purposes, to levy, assess, and collect a license fee from any person, firm, or corporation, except those 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 Newton County outside the incorporated limits of municipalities and to levy and collect excise taxes in connection with any activity at any race track in any area of Newton County. To provide for public welfare, health and security of the people of Newton 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 Com mission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of

MONDAY, FEBRUARY 15, 1971

739

any regulations adopted by the Board shall constitute a misde meanor 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, 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 au thorize the General Assembly to empower the Board of Commissioners of Newton County to li-
NO ( ) cense and regulate businesses in the uincorporated areas of Newton County and to levy and collect excise taxes in connection with any activity at any racetrack in any area of Newton 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry

Black Blackshear Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss

Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell

.740
Coney, G. D. Coney, J. L. Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg

JOURNAL OF THE HOUSE,

Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn

Odom Oxford Patten Pearce Peters Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Shennan Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Bohannon Conger Cook Floyd, J. H. Greer Griffin Hamilton

Hill, B. L. Hill, G. Hood Johnson Lewis Patterson Phillips, G. S.

Phillips, L. L. Pickard Reaves Salem Snow Townsend Mr. Speaker

MONDAY, FEBRUARY 15, 1971

741

On the adoption of the Resolution, the ayes were 174, nays 0.

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

The following Resolution of the House was read and adopted:

HR 178. By Mr. Smith of the 43rd:
A RESOLUTION
Wishing a speedy recovery to Honorable George B. Hamilton; and for other purposes.
WHEREAS, Honorable George B. Hamilton, State Treasurer Emeritus, is seriously ill and confined to the hospital; and
WHEREAS, he served as State Treasurer from 1933 until 1961, at which time he was appointed State Treasurer Emeritus; and
WHEREAS, he is one of the most outstanding public officials in the State of Georgia and has contributed immeasurably to the civic and governmental affairs of this State; and
WHEREAS, he is a personal friend of vast numbers of members who have served in this body and his counsel and advice are sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest wishes are hereby extended to Honorable George B. Hamilton, State Treasurer Emeritus, for a speedy recovery from his illness and a return to his duties at the State Capitol.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this resolution to Honorable George B. Hamilton.

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

HB 65. By Messrs. Gunter and Moore of the 6th, Patten of the 63rd, Wood and Whitmire of the llth, Gaynor of the 88th, Alien of the 92nd, Triplett of the 93rd, Sweat of the 65th and Mauldin of the 12th:
A Bill to be entitled an Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements on any public

742

JOURNAL OP THE HOUSE,

property or building, private property or on any property zoned for use other than commercial or industrial; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements on any public property or building, private property (unless prior permission has been obtained) or on any property zoned for use other than commercial or industrial, or on any property zoned for commercial or industrial uses if the placement of same conflicts with any zoning law or ordi nance; to provide that it shall be unlawful to print, possess, transport or distribute political posters, signs or advertisements for outdoor use anywhere unless such material has a certain notice printed thereon; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. It shall be unlawful for any person to place political posters, signs and advertisements (a) within the right-of-way of any public streets, roads or highways; (b) on any public property or build ing; (c) on any private property unless the owner thereof has given permission to place such political campaign posters, signs and adver tisements on such property; (d) on any property zoned for use other than commercial or industrial; and (e) on any property zoned for com mercial or industrial uses if the placement of such political campaign posters, signs and advertisements conflicts with any zoning laws or ordinances.
Section 2. It shall be unlawful for any person to print, possess, transport or distribute political posters for outdoor use in Georgia unless such material has printed thereon the name and address of the printer and the following warning: "NOTICE: It is unlawful to place political campaign posters, signs and advertisements (a) within the right-of-way of any public streets, roads or highways; (b) on any public property or building; (c) on any private property unless the owner thereof has given permission to place such political campaign posters, signs and advertisements on such property; (d) on any prop erty zoned for use other than commercial or industrial; and (e) on any property zoned for commercial or industrial uses if the placement of such political campaign posters, signs and advertisements conflicts with any zoning law or ordinance."
Section 3. 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 4. All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, FEBRUARY 15, 1971

743

The following amendment was read and adopted:

Mr. Murphy of the 19th moves to amend the Committee substitute to HB 65 by striking the word "political" from lines 2, 9, 15, 19, 23 and 26 of page 1, and by striking the words "political campaign" from lines 4, 8 and 12 of page 2.

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, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bos tick Bowen Brantley, H. H. Brantley, H. L. Bray Burruss Busbee Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, J. L. Connell Dailey

Davis, E. T. Dean, Gib Dean, J. E. Dent Dixon Dorminy Drury Edwards Egan Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Ham Harrington Harris Hawes Hays Housley Howard Howell Hudson, C. M.

Hudson, Ted Isenberg Jessup Jordan Keyton Knowles Kreeger Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Moore Moyer Mulherin Mullinax Noble Northcutt Odom

744
Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Rainey Reaves Roach Ross Russell, A. B.

JOURNAL OF THE HOUSE,

Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow Strickland Sweat Toles

Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire
Williams Wilson Wood

Those voting in the negative were Messrs.

Alexander, W. H. Blackshear Brown, B. D. Brown, C. Brown, S. P. Buck Chandler Coney, G. D. Davis, W. Evans Farrar

Horton Hutchinson Johnson Jones, J. R. King Knight Larsen, G. K. Marcus Miller Morgan Murphy

Nessmith Pickard Pinkston Potts Rush Russell, W. B. Stephens Thomason Thompson Westlake

Those not voting were Messrs.:

Bohannon Bond Carr Colwell Conger Cook Daugherty Dean, N. Felton Griffin

Hamilton Harrison Hill, B. L. Hill, G. Hood Jones, Herb Lambert Lane, W. J. Lewis Longino

Mason Milford Nunn Patterson Shepherd Smith, J. R. Sorrells Wamble Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 32.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Speaker Pro Tern assumed the Chair.

MONDAY, FEBRUARY 15, 1971

745

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

HR 77-212. By Mr. Chandler of the 34th:
A Resolution transferring control and jurisdiction over a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract of land or portions thereof to Baldwin County and the City of Milledgeville; 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bond Bos tick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeks Clements

Cole Collier Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger Connell D alley Daugherty Davis, E, T. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat

Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill)

746
Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith

JOURNAL OF THE HOUSE,

Noble Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Potts Rainey
Reaves
Roach
Ross
Rush
Russell, A. B.
Russell, H. P.
Salem
Savage
Scarborough
Shanahan
Shepherd

Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Strickland Sweat Thomason Thompson Toles Triplett Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Voting in the negative was Mr. W. W. Larsen.

Those not voting were Messrs.:

Alexander, W. M. Atherton Bohannon Burruss Cook Davis, W. Egan Harrison Hill, B. L. Hill, G. Hood

Howard Jones, J. R. Knowles Lambert Lane, W. J. Mason McDaniell Miller Murphy Patterson Phillips, W. R.

Pinkston Poole Russell, W. B. Snow Stephens Townsend Westlake Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 163, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

MONDAY, FEBRUARY 15, 1971

747

HB 223. By Messrs. Levitas of the 77th, Lee of the 21st, Smith of the 43rd, Mason of the 13th, Hawes of the 95th and many others:
A Bill to be entitled an Act to amend an Act known as the "Metro politan Atlanta Rapid Transit Authority Act of 1965", so as to clarify what costs may be capitalized as costs of a rapid transit system or project; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, particularly by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), so as to clarify what costs may be capitalized as costs of a rapid transit system or project; to clarify the provisions relating to the acquisition of a privately owned transportation system; to clarify the power of the Authority to obtain certain personal services; to delete a provision subjecting said Au thority to liability for certain attorneys fees of adverse parties; to indicate which public bodies said Authority may contract with pertain ing to its purposes; to authorize local governments to pay operational subsidies and to contract with said Authority relative thereto; to elimi nate the provision for judicial review of charges or services fixed by said Authority; to delete requirements that revenue bonds of said Authority bear interest payable semiannually at a rate not exceeding six percent per annum; to provide that all obligations issued by said Authority shall have the qualities and incidents of negotiable instru ments; to permit local governments to waive the requirement that reve nue bonds of the Authority be sold at par and at public competitive bidding; to clarify the procedure for the validation of revenue bonds; to clarify the provisions relative to relocation payments; to establish the absence of a requirement of competitive bidding with respect to certain personal services; to provide that contracts and transactions constituting security for the payment of obligations shall not be void able due to conflict of interest; to expand the period of time within which budgets shall be proposed and reviewed; to delete the prohibi tion against deficit financing in a budget; to delete the requirement of an engineering survey every three years; to permit the Authority to act as a self-insurer; to modify the procedures whereby local govern ments and other public bodies may participate in financing and sup porting a rapid transit system; to provide for severability; to provide an effective date; to repeal all laws in conflict therewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, particularly by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), is further amended by striking there-

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JOURNAL OF THE HOUSE,

from Subsection (j) of Section 2 in its entirety and inserting in lieu thereof a new Subsection (j) which shall read as follows:

"(j) Cost of Rapid Transit System or Project. According to accepted principles of accounting, the total cost, paid or incurred, to study, plan, design, finance, acquire, construct or otherwise develop the component parts of a rapid transit system or rapid transit project to a normal operating or revenue-producing condi tion, including any relocation costs and the capitalization of ex penses, direct or indirect, paid or incurred, in connection therewith. Without intending to limit in any way those expenses which may be capitalized as set forth in the preceding sentence, it is under stood that such expenses shall include interest which it is estimated will accrue on obligations issued by the Authority to finance the construction of any rapid transit system or project during the con struction period and for six (6) months thereafter and all start-up costs incurred in placing such system or project in operation."

Section 2. Said Act is further amended by striking therefrom Sub section (i) (2) of Section 6 in its entirety and inserting in lieu thereof a new Subsection (i) (2) which shall read as follows:
"(2) The purchase or lease of any privately owned system of transportation of passengers for hire in its entirety, or any sub stantial part thereof, as contemplated in Section 8(c) or 8(d). Prior to the purchase or lease of any such privately owned system a public hearing pertaining thereto shall have been held and notice of such public hearing shall have been advertised as provided in Section 9(c) hereof."
Section 3. Said Act is further amended by striking therefrom Subsection (b) of Section 8 in its entirety and inserting in lieu thereof a new Subsection (b) which shall read as follows:
"(b) The power to appoint, select and employ officers, agents and employees, including engineering, architectural and construc tion experts, fiscal agents and attorneys, to contract for the services of individuals or organizations not employed full time by the Authority, but who are engaged primarily in the rendition of personal services and not the sale of goods or merchandise, such as, but not liimted to, the services of attorneys, accountants, engineers, architects, consultants and advisors, allowing them suitable com pensation and to make provisions for group insurance, retirement or other employee benefit arrangements, provided that no part time or contract employee shall participate in group insurance or retirement benefits."
Section 4. Said Act is further amended by striking therefrom Subsection (e) of Section 8 in its entirety and inserting in lieu thereof a new Subsection (e) which shall read as follows:
"(e) The power to develop data, plans and information and develop and carry out mass transportation demonstration projects, including the development, testing and demonstration of new facili-

MONDAY, FEBRUARY 15, 1971

749

ties, equipment, techniques and methods, and the improvement and utilization of transportation services and facilities, and any other means of developing, utilizing or improving mass transportation in urban areas. Also, in other respects, the power to conduct engi neering, financial and economic studies, to make plans, designs and tests related to rapid transit projects. In connection therewith the Authority may enter in a reasonable manner upon any lands, waters or premises for the purpose of making reasonable surveys, sound ings, drillings and examinations and such entries shall not be deemed a trespass except that the Authority shall be liable for any actual and consequential damages resulting from such entries."

Section 5. Said Act is further amended by striking therefrom Sub section (i) of Section 8 in its entirety and inserting in lieu thereof a new Subsection (i) which shall read as follows:

"(i) The power to enter into contracts with the State of Georgia and any agency, instrumentality or authority thereof and with any of the county and municipal governments within the territorial limits of the area served or to be served by the Authority, for public transportation services to be rendered by the Authority or its rapid transit system, and for any other purposes incidental to the establishment and maintenance of its rapid transit system, or any part or project thereof, including the payment of funds to sub sidize the operations of such system if it should ever be necessary to do so, and the usual facilities related thereto."

Section 6. Said Act is further amended by striking therefrom Sub section (c) of Section 9 in its entirety and inserting in lieu thereof a new Subsection (c) which shall read as follows:
"(c) The Board shall determine by itself exclusively after public hearings as hereinafter provided, the routes, types of con struction, equipment, facilities, and the scope and standards of service to be operated by the Authority, the scheduled services to be made available to the public and the amounts to be charged there for. Before making any determinations as to scheduled services or amounts to be charged therefor, the Board shall first hold at least one public hearing after giving notice of the time and place by twice advertising on different days in the newspaper having the largest circulation in the metropolitan area not more than ten days nor less than five days prior to the hearing. As to all other matters, the Board may hold such public hearings as it may deem appro priate, and as to all public hearings, it may prescribe reasonable rules and regulations to govern such hearings not inconsistent with this Act."

Section 7. Said Act is further amended by striking therefrom Sub section (d) of Section 10 in its entirety and inserting in lieu thereof a new Subsection (d) which shall read as follows:

"(d) The bonds of each issue shall be dated, shall bear interest payable at such times and at such rate or rates within such limits as now or hereafter may be established in the Revenue Bond Law

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of the State of Georgia (Ga. Laws 1937, p. 761, et. seq.) as now or hereafter amended, and shall mature in such amounts and at such times not exceeding forty (40) years from the date thereof, as the Board may determine. The bonds may be in coupon or registered form, or both, as the Board may determine, and the Board may make provision for the registration of any coupon bond as to prin cipal alone or as to both principal and interest."

Section 8. Said Act is further amended by striking therefrom Subsection (g) of Section 10 in its entirety and inserting in lieu there of a new Subsection (g) which shall read as follows:

"(g) All bonds, interim receipts, interim certificates, temporary bonds, equipment trust certificates and other obligations issued un der the provisions of this Act shall have all the qualities and inci dents of negotiable instruments under the laws of this State and are hereby declared to be issued for an essential public and govern mental purpose, and the property, obligations and interest on the obligations of the Authority shall be exempt from all taxation, within the State."
Section 9. Said Act is further amended by striking therefrom Subsection (h) of Section 10 in its entirety and inserting in lieu there of a new Subsection (h) which shall read as follows:
"(h) Bonds of the Authority shall be sold by public competitive bidding, unless such requirement is waived by the local governments participating in the Authority at the time of such sale, in which event the bonds may be sold through negotiation with a prospective purchaser or purchasers. If, with respect to the sale of any par ticular issue of bonds, public competitive bidding is contemplated, the advertising of the notice of sale and invitation to bid with re spect thereto shall be advertised as is customarily done in the handling of governmental bond issues and Section 14 (b) as to these matters shall not apply. The Authority may negotiate the sale of its bonds to the Federal Government."

Section 10. Said Act is further amended by striking there from Subsection (p) of Section 10 in its entirety and inserting in lieu thereof a new Subsection (p) which shall read as follows:

"(p) Bonds of the Authority shall be confirmed and validated, insofar as applicable, in accordance with the procedure of the Reve nue Bond Law (Ga. Laws 1937, p. 761, et seq.) as now or hereafter amended. The petition for validation shall also make party defend ant to such action any municipality, county, authority, subdivision, instrumentality or department of the State of Georgia, if subject to be sued, which has contracted with the Authority for the services and facilities and the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, sub division, instrumentality or department shall be required to show cause, if any, why such contract or contracts and the terms and con ditions thereof should not be inquired into by the court and the validity of the terms thereof to be determined and the contract or

MONDAY, FEBRUARY 15, 1971

751

contracts adjudicated as security for the payment of any such bonds of the Authority. The judgment of validation shall be final and conclusive with respect to such bonds, and the security there for, against the Authority, and against any municipality, county, authority, subdivision, instrumentality or department of the State of Georgia, if a party to the validation proceedings, contracting with the Authority."

Section 11. Said Act is further amended by striking there from Subsection (b) of Section 13 in its entirety and inserting in lieu thereof a new Subsection (b) which shall read as follows:

"(b) The Authority shall have the power to prepare plans for and carry on a relocation program for the relocation of persons (including individuals, families, business concerns, nonprofit or ganizations and others) displaced by operations of the Authority in carrying out a rapid transit project. The Authority shall have the power to acquire by purchase, lease, gifts or contract such per sonal and real property, improved and unimproved, and to make im provements thereon, as it may deem reasonably necessary to carry out such relocation program, and to make relocation payments to or with respect to such persons, including the making of such pay ments financed, in whole or in part, by the Federal Government, and, in accomplishing the foregoing, to provide in the same area, or in other areas generally not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the displaced persons, a sufficient number of decent, safe and sanitary dwellings available to those displaced persons and reasonably accessible to their respective places of employment. The Authority shall have the power to apply for and receive grants, loans and other financial assistance from the Federal Government, the State of Georgia or any local government within the metropolitan area for such relocation pay ments, including payments for the reasonable and necessary mov ing expenses and any actual direct losses of property, except good will or profit, resulting from displacement of such persons by the project."

Section 12. Said Act is further amended by striking therefrom Subsection (a) of Section 14 in its entirety and inserting in lieu thereof a new Subsection (a) which shall read as follows:

"(a) Except in the acquisition of unique property which for any reason is unobtainable in the open market, and except as here inafter otherwise provided, competitive bids shall be secured before any acquisition or disposition of properties by contract or otherwise is made by the Authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or mainte nance, or for rendering any services to the Authority; acquisitions shall be made from, and contracts awarded to, the lowest respon sible bidder, and dispositions of property shall be made to the high est responsible bidder. No acquisition of any unique property un obtainable in the open market shall be made without the express approval of the Board where the amount involved is $5,000 or more. Nothing in this Section shall apply to contracts for professional

752

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services or the personal services of employees, or to contracts for services of individuals or organizations not employed full time by the Authority but who are engaged primarily in the rendition of personal services and not the sale of goods and merchandise, such as but not limited to the services of attorneys, accountants, engi
neers, architects, consultants and advisors."

Section 13. Said Act is further amended by striking therefrom Subsection (c) of Section 15 in its entirety and inserting in lieu thereof a new Subsection (c) which shall read as follows:

"(c) Any contract or transaction of the Authority involving a conflict of interest not disclosed under Subsection (a) hereof, or a violation of the act of the General Assembly approved March 10, 1964 (Ga. Laws 1964, p. 261), as amended, or a violation of any other provision of law applicable to the Authority, its Board mem bers, officers, or employees regulating conflicts of interest, shall be voidable by the Board. It is expressly provided, however, that this provision shall not apply to any indenture, agreement, con tract or transaction which constitutes security, direct or indirect, for the payment of bonds or other obligations of the Authority and the judgment and order confirming and validating any such bonds or other obligations as in Section 10 hereof provided, shall con stitute a final and conclusive adjudication as to any such security."

Section 14. Said Act is further amended by striking therefrom Subsection (b) of Section 17 in its entirety and inserting in lieu thereof a new Subsection (b) which shall read as follows:

"(b) During each fiscal year the Board shall propose an an nual operating budget for the ensuing fiscal year and hold a public hearing thereon. After such public hearing the Board shall review its proposed budget, and, on or before the last day of the fiscal year, it shall adopt an annual operating budget for the ensuing fiscal year. In the annual operating budget each operating fund shall be set forth separately and show an estimate of the fund balance to be available at the beginning of the year, an estimate of anticipated credits during the year according to source, an esti mate of anticipated charges, including capital outlay or debt service properly to be financed from anticipated revenues, and comparative data on the last two completed fiscal years and similar data, actual or estimated, for the current year."

Section 15. Said Act is further amended by striking therefrom Section 18 in its entirety which reads as follows:
"Section 18. Engineering Survey. At least every three years, the Board shall employ a firm of qualified independent engineers to survey the condition of the Authority's facilities and operations from an engineering standpoint and make a report thereof and any recommendations for improvement in its physical facilities and operating procedures. Copies of such report shall be furnished to each local governing body of each local government in the metro politan area."

MONDAY, FEBRUARY 15, 1971

753

Section 16. Said Act is further amended by striking therefrom Section 22 in its entirety and inserting in lieu thereof a new Section 22 which shall read as follows:

"Section 22. Tort Liability; Insurance. The Authority shall not enjoy governmental immunity from tort liability, but shall be liable therefor as any private corporation except that no execution shall be levied on any property of the Authority prior to ninety (90) days from the date of a final judgment against the Authority. The Authority shall provide for adequate insurance or similar protection against any loss, liability or other risk, hazard or responsibility to which it may be exposed or which it may accept on account of its property, personnel, or operations. Such insurance may be provided through self-insurance reserves or by contracts or arrangements with other parties in such manner and amounts as the Board in its discretion shall determine or through any combination of same."

Section 17. Said Act is further amended by striking therefrom Section 24 in its entirety and inserting in lieu thereof a new Section 24 which shall read as follows:

"Section 24. Local Government Participation.

(a) Provision for a rapid transit system within the metropoli tan area is declared for the purposes of this Act to be an essential governmental function and a public purpose of the City of Atlanta and the counties of Fulton, DeKalb, Clayton and Gwinnett, and of the county of Cobb if it hereafter determines to participate in the Authority as provided in this Act.

(b) The Board and the local governing body of the City of Atlanta and each of the counties of Fulton, DeKalb, Clayton and Gwinnett, and of the county of Cobb if it hereafter determines to participate in the Authority as provided in this Act, subject to such limitations as are hereinafter in this Section set forth, may negoti ate and determine the extent of financial participation and the time or times such financial participation may be required with respect to each of the local governments in order to finance provi sion for a rapid transit system through the joint instrumentality of the Authority. If such determination contemplates a contractual obligation on the part of a local government to make payments to the Authority over a period of time exceeding one year or to issue any bonds or other obligations evidencing indebtedness, such deter mination shall take the form of a rapid transit contract to be en tered into between the Authority and the local government. The final execution of a rapid transit contract shall be completed in every instance in the manner hereinafter set forth in this Section 24.

(c) As one method of providing the financial participation de termined by its local governing body to be its proper share of the cost of financing a rapid transit project or projects, a local govern ment may in the manner prescribed by law and subject to the con ditions and limitations prescribed by law, issue its general obliga tion bonds, pay over the proceeds thereof to the Authority and

754

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thereby complete and make final the execution of the proposed rapid transit contract anticipated by such bond authorization and is suance and the Authority shall agree in such contract to perform for such local government the aforesaid governmental function and to provide specified public transportation services and facilities.

(d) As an alternative method of providing the financial par ticipation determined by its local governing body to be its proper share of the cost of financing a rapid transit project or projects, a local government may enter into a rapid transit contract or con tracts calling for the Authority to perform for it the aforesaid governmental function and calling for it to make periodic pay ments to the Authority for the public transportation services and facilities contracted for, which payments may include amounts re quired to defray the periodic principal and interest payments on any obligations issued by the Authority for the purpose of fi nancing the cost of any rapid transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service and to provide for renewals, ex tensions, repairs and improvements and additions to the rapid transit system, and amounts required to defray any operational def icit which the system or any part thereof may incur from time to time.

(e) Otherwise, before a rapid transit contract such as is de scribed in Subsection (d) shall become valid and binding on a local government which is a party thereto, the same must have been approved by a majority of the qualified voters of the local govern ment voting in a referendum as hereinafter provided.

(f) The procedure for holding the referendum called for in Subsection (e) shall be as follows: There shall be published in a newspaper having general circulation throughout the territory of the local government involved, once each week for four weeks im mediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the local government shall enter into the proposed rapid transit contract and said notices shall contain the full text of said pro posed contract, which contract shall set forth the obligations of the parties thereto. It is expressly provided, however, that none of the documents or exhibits which are incorporated in such contract by reference or are attached to such contract and made a part thereof shall be published. Such special election shall be held at all the election districts within the territorial limits of the local govern ment involved except that an election called by the local governing body of any county within the metropolitan area shall not be held in any part of such county which is within the territorial limits of the City of Atlanta, if, with respect to the particular rapid transit project or projects to be supported by the proposed rapid transit contract of such county, said City is already a party to a rapid transit contract or the governing body of said City proposes to en ter into a rapid transit contract subject to the approval thereof at a referendum. The question to be presented to the electorate in

MONDAY, FEBRUARY 15, 1971

755

any such referendum shall be and shall be stated on the ballots or ballot label as follows:

( m__-___Insert name of City or County___--_.__) has executed a contract with Metropolitan Atlanta Rapid Transit Authority, dated as of
(__.._...._.Jnsert date.____..___.).

Shall this contract be approved?

YES------------

NO------------

The question shall be published as a part of the aforesaid notice of election. Each such election called by the governing body of a county within the metropolitan area under the provisions of this Subsection shall be governed by and held and conducted in ac cordance with the provisions of law from time to time governing the holding of elections to elect members to the General Assembly of this State. After the returns of such an election have been re ceived, and the same have been canvassed and computed, the re sult shall be certified to the local governing body which called the election, in addition to any other person designated by law to re ceive the same, and such governing body shall officially declare the result thereof. Each election called by the governing body of the City of Atlanta under the provisions of this Subsection shall be governed by and conducted in accordance with the provisions of law at the time governing the holding of elections by said City. The expense of any such election called by the governing body of the City of Atlanta shall be paid by the City of Atlanta.

(g) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract as approved shall become valid and binding in accordance with its terms.
(h) A local government may elect any method provided in this section to finance the participation required of it in whole or in part, and the election of one method shall not preclude the election of another method with respect thereto or with respect to any addi tional or supplementary participation determined to be necessary.

(i) When the Authority and a local government have com pleted and fully executed a rapid transit contract in compliance with the requirements of this Act, and the voters shall have ap proved such contract as herein provided, such contract shall con stitute an obligation on the part of the local government for the payment of which its good faith and credit are pledged, but in no other way can the good faith and credit of any local government be pledged with respect to a rapid transit contract.

(j) Any local government may use public funds to provide for a rapid transit system within the metropolitan area and may levy and collect any taxes authorized to it by law to the extent necessary to fulfill the obligations incurred in a rapid transit contract or

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contracts with the Authority; provided, that no local county govern ment shall have the power to levy any tax on any subject of taxation situated within the territorial limits of the City of Atlanta in fulfillment of financial obligations set forth in a rapid transit contract when the City of Atlanta has a rapid transit contract with the Authority calling for said City to issue its general obliga tion bonds for rapid transit purposes or to pay monies periodically with respect to the debt service on obligations issued by the Au thority, and is itself using its public funds for levying a tax for either of such purposes.

(k) Any municipality or county within the metropolitan area may transfer to the Authority any property or facilities, or render any services, with or without consideration, which may be useful to the establishment, operation or administration of the rapid transit system contemplated hereunder, and may contract with the Authority for any other purpose incidental to the establishment, operation or administration of such system, or any part or proj ect thereof or the usual facilities related thereto."

Section 18. In the event any Section, Subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such declaration or adjudication shall in no manner affect the other Sections, Subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect as if the Section, Sub section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

Mr. Brantley of the 52nd moves to amend the Committee substitute to HB 223 by adding at the end of Section 5, subsection (i) the following:

"Provided, however that such subsidy by the State of Georgia shall never exceed (10%) ten per cent of the total cost of such Rapid Transit System."
Mr. Levitas of the 77th moves to amend the Committee substitute to HB 223 by striking the word "otherwise" on line 28 of page 14.

MONDAY, FEBRUARY 15, 1971

757

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Can-
Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton

Housley Howard Howell Hudson, C. M. Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer

758
Mulherin Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves

JOURNAL OF THE HOUSE,

Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens

Strickland
Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Bray Dean, Gib Hadaway Hill, B. L. Hill, G. Hudson, Ted

Jordan Knight Lane, W. J. McCracken Miller Mullinax

Murphy Poole Wamble Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 178, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 283. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to provide that the "Georgia Official Di rectory of State and County Officers" shall contain the official addresses of the offices and officers therein, and any letter addressed to an ad dress contained in the aforesaid directory shall be deemed properly ad dressed if the letter is addressed as set out in said directory; and for other purposes.

MONDAY, FEBRUARY 15, 1971

759

The report 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.
The Speaker assumed the Chair.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 435. By Mr. Pickard of the 84th: A Bill to be entitled an Act to amend an Act known as the "Develop ment Authorities Law", so as to include in the definition of the word "project" the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control fa cilities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 278. By Messrs. Mulherin and Miles of the 78th, Connell and Dent of the 79th and Sherman of the 80th: A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating' to the State Board of Corrections and to prisons, so as to provide that counties shall be compensated for the keep and confinement of prisoners who are participating in work release programs; and for other purposes.
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:

760

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry
Black Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee
Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier
Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty .
Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan Evans Ezzard

Farrar Felton Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer
Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton
Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R.
Keyton King Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Mauldin Maxwell McCracken

McDaniell McDonald Melton Merritt Miles
Milford Miller Morgan Moyer Mulherin Murphy Nessmith
Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L.
Phillips, W. R Pickard Pinkston Poole Rainey Reaves Roach Ross Rush
Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman
Smith, H. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Thompson Toles Townsend Triplett Turner

MONDAY, FEBRUARY 15, 1971

761

Vaughn Westlake Wheeler, Bobby

Wheeler, J. A. Whitraire Williams

Wilson Wood

Those voting in the negative were Messrs.:

Dixon

Howard

Those not voting were Messrs.:

Barfield Blackshear Bohannon Bowen Bray Colwell Floyd, J. H. Gunter Hill, B. L.

Hill, G. Jones, Herb Jordan Knight Lane, W. J. Matthews, C. Matthews, D. R. Moore Mullinax

Potts Sims Smith, J. R. Strickland Tripp Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 2.

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

Messrs. Sims of the 106th and Levitas of the 77th stated that they had been called from the floor of the House when the roll was called on HB 278, and wished to be recorded as voting "aye".

HR 126-331. By Messrs. Dorminy of the 48th, Battle of the 90th, Nessmith of the 44th, Brantley of the 52nd, Phillips of the 50th, Mauldin of the 12th, Wheeler of the 18th and many others:
A RESOLUTION
Creating the Richard Brevard Russell Monument Commission; and for other purposes.
WHEREAS, the late Richard Brevard Russell was one of Georgia's most illustrious sons; and
WHEREAS, history will record that he was one of the most out standing persons ever to serve in the United States Senate; and

762

JOURNAL OF THE HOUSE,

WHEREAS, no public official in history has meant more to or contributed more to his native State than Senator Russell did to the State of Georgia; and

WHEREAS, it is only fitting and proper that a monument be placed on the grounds of the State Capitol as a lasting memorial to his memory.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Richard Brevard Russell Monument Commission. The Commission shall be com posed of seven members as follows: The Secretary of State who shall serve as Chairman, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, two members of the Senate to be ap pointed by the Lieutenant Governor, and two members of the House of Representatives to be appointed by the Speaker. The Commission is also authorized to designate persons to assist it in the performance of its duties. The Commission is hereby empowered to provide for the placing of a monument on the grounds of the State Capitol as a memorial to Honorable Richard Brevard Russell. The Commission shall take all steps necessary to achieve this purpose, and any funds appropriated by the State for said purpose shall be utilized by the Commission. The Com mission is hereby authorized to select the site on the Capitol grounds where such monument shall be placed. The Commission is authorized to accept any gift, donation or grant in furtherance of its purpose and is authorized to work with any private group, organization, association or corporation having for its purpose the same purpose as the Commis sion created herein. The Commission shall meet as soon as practicable after all members have been designated.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry

Black Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Brantley, H. H.

Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M.

Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell

MONDAY, FEBRUARY 15, 1971

763

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton
Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn

Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Thomason Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Blackshear Daugherty Gunter Hill, B. L.

Hill, G. Jordan Keyton Moore Russell, H. P.

Salem Stephens Thompson Townsend Mr. Speaker

764

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 180, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 213. By Mr. Brown of the 32nd:
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 control, so as to empower the State Board of Health to require flouridation of potable public water supplies in incorporated communities of 5,000 or more population; and for other purposes.

The following amendment was read and adopted:

Mr. Connell of the 79th moves to amend HB 213 by renumbering Section 2 as Section 3, and by adding a new Section so that Section 2 shall read:
"Effective date shall be July 1, 1972."

An amendment, offered by Mr. Adams of the 39th, 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, G. D. Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Black
Blackshear Bond Bowen Brantley, H. H.

Bray Brown, B. D. Brown, C. Busbee Carr Carter Chandler Cheeks Clements Collier Collins, S. Connell Cook

Dailey Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dent Dorminy Drury Edwards Egan Ezzard Parrar Pelton

MONDAY, FEBRUARY 15, 1971

765

Fraser Gary Gaynor Geisinger Greer Griffin Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Howard Hutchinson Isenberg Jessup Knight
Knowles
Kreeger
Lambert
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis

Logan Longino Marcus Mason Matthews, C. Mauldin Maxwell McDonald Melton Merritt Milford Moore Morgan Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn
Odom
Oxford
Patterson
Phillips, G. S.
Phillips, L. L.
Poole
Potts

Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, V. T. Sorrells Stephens Thomason Thompson Townsend Triplett Tripp
Vaughn
Ware
Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Bennett, Tom Berry Bohannon Bostick Brantley, H. L. Buck Burruss Chappell Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Davis, W. Dean, N. Evans

Floyd, L. R. Gignilliat Grantham Hadaway Hill, G. Housley Howell Hudson, C. M. Hudson, Ted Johnson Jones, Herb Jones, J. R. Keyton King Lane, W. J. Larsen, G. K. Larsen, W. W. Leggett Lowrey

Matthews, D. R. Miles Miller Nessmith Patten Pearce Peters Pickard Pinkston Reaves Scarborough Smith, H. R. Smith, J. R. Strickland Sweat Turner Westlake Wheeler, Bobby

766

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alien
Brown, S. P. Chance Dixon Floyd, J. H. Grahl Granade

Gunter
Hill, B. L. Jordan Lane, Dick McCracken McDaniell Phillips, W. R.

Russell, H. P. Snow Toles Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 119, nays 56.

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

Mr. Wamble of the 69th stated that he had been called from the floor of the House when the roll was called on HB 213, as amended, and wished to be recorded as voting "nay".

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 31. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act providing 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, so as to provide that said Act shall also apply to cases before the Georgia Supreme Court on denial of a petition for a writ of habeas corpus; and for other purposes.

An amendment, offered by the Committee on Judiciary, was read and with drawn by unanimous consent.

The following amendment was read and adopted.
Mr. Alexander of the 108th moves to amend HB 31 by adding at the end of Section 1 the following:

"Provided, however, the provisions of this act shall not apply where the de fendant has previously applied for a writ of habeas corpus, which has been denied, and the denial thereof affirmed by the Supreme Court of Georgia or where the

MONDAY, FEBRUARY 15, 1971

767

writ has been granted, but the grant thereof reversed by the Supreme Court of Georgia."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Battle Bell Bennett, Tom Berry Black Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, S. P. Buck Busbee Can-
Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon

Dorminy Drury Egan Evans Ezzard Farrar Felton Floyd, J. H. Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J.

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Murphy Noble Nunn Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross

768
Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Sherman Sims Smith, H. R.

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. T Snow Sorrells Sweat Thomason Thompson Toles Townsend Triplett

Tripp Turner Vaughn Wheeler, Bobby Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Collins, S.
Ployd, L. E. Granade Housley Howard

King Lee, W. S. Mauldin Milford Nessmith

Northcutt Shepherd Strickland

Those not voting were Messrs.:

Alexander, W. M. Atherton Barfield Bennett, J. T. Bohannon Bostick Bowen Brantley, H. L. Brown, C. Burruss Collier Davis, W.

Dean, J. E. Edwards Fraser Hadaway Hill, B. L. Hill, G. Hood Howell Jordan Longino McCracken McDaniell

Pearce Phillips, W. R. Pickard Salem Stephens Wamble Ware Westlake Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 13.

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, and the motion prevailed.

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

TUESDAY, FEBRUARY 16, 1971

769

Representative Hall, Atlanta, Georgia Tuesday, February 16, 1971

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 ordered by Rev. Albert W. Huyck, Jr., Pastor, First Baptist Church, Swainsboro, Georgia:
Our Father, we thank You for another day of life and opportunities; and pray that we will be good stewards of them. We are thankful for our state and nation, and all the blessings which they have provided for us. Help us to serve them well so that in some small way we can repay our debt to them.
We pray that through Your Holy Spirit You will challenge the best that is in us, and rebuke the worst that is in us. Challenge, we pray, the kindness, the love, the courage, and the devotion to what is right, fair and honest in our lives; and rebuke the temptations in our lives toward selfishness, pettiness, greed, littleness, the desire for the praise and honor of men, and the tendency to hold grudges and seek revenge. Make us as big in spirit, our Father, as we are in position.
This we pray in Jesus' name. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherson Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D, Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade

770

JOURNAL OF THE HOUSE,

Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson
Jones, J. R.
Jordan
Keyton
King
Knight
Knowles
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Levitas

Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Mulherin Mullinax Murphy Nessmith
Noble
Northcutt
Nunn
Odom
Oxford
Patterson
Patten
Pearce
Peters
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Pickard
Pinkston
Poole
Potts

Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

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 16, 1971

771

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 537. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act empowering cities, towns, and counties, separately or jointly, to provide, maintain and conduct supervised recreation systems, so as to change the provisions relative to the membership of recreation boards; and for other purposes.
Referred to the Committee on State of Republic.

HB 538. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court and the Clerk of the City Court (now the State Court) and the Ordinary of Hall County on an annual salary in lieu of the fee system of compensation, so as to change the compensa tion of the said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 539. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

772

JOUENAL OP THE HOUSE,

HB 540. By Messrs. Murphy of the 19th, Busbee of the 61st, Floyd of the 7th, Russell of the 70th, Snow of the 1st, Harrington of the 34th, Collins of the 72nd, Felton of the 95th and Greer of the 95th:
A Bill to be entitled an Act to prohibit every department, bureau, board, institution, commission, office or other agency of the Executive Branch of State Government from maintaining or operating a print shop without the prior written approval of the Budget Bureau; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 541. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Lumpkin County, so as to change the pro visions relative to said supplement; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 542. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to provide that the tax commissioners of all counties having a population of not less than 8,350 or more than 8,600 shall be entitled to receive the commissions prescribed by Code Section 92-5301, relating to the commissions of tax receivers and tax collectors; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 543. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties in this State, so as to change the minimum and maximum population figures in said Act; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 544. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act amending Code Section 21-105, relating to fees for coroners and changing the compensation of coroners in certain counties, so as to change the minimum and maxi mum population figures in said Act; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 16, 1971

773

HB 545. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act providing that the tax commissioners of certain counties shall have the power and au thority to levy and collect tax fi fas which are issued by the tax com missioners, so as to change the population figures in said Act; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 546. By Messrs. Reaves and Bennett 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 change the number of city commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 547. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Brooks County on a salary basis, so as to change the maximum amount of salary which the sheriff shall receive; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 548. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend Code Section 84-907, relating to qualifications of applicants for a license to practice medicine, so as to provide that the terms "intern", "internship" or other similar terms shall include a clinical training program to be defined and approved by the Board of Medical Examiners in lieu of internship; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 549. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Newton County and a Chairman of said Board, so as to change the provisions relative to the election of the members of the Board of Commissioners of Newton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

774

JOURNAL OF THE HOUSE,

HB 550. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act incorporating1 the City of Stockbridge, as amended, so as to change the method of selecting the recorder; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 551. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act providing that in all criminal trials in the courts of this State on behalf of the accused that he was mentally incompetent at the time the acts charged against him were committed, the judge shall require verdicts of acquittal, so as to provide that such person shall be confined in a State hospital for the mentally ill for not more than 1 year; and for other purposes.
Referred to the Committee on Judiciary.

HB 552. By Messrs. Alexander of the 108th and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to change the name "solicitor-general" to "District Attorney", and to remove certain provisions relating to lunacy warrants and to insert in lieu thereof the requirement that the District Attorney shall cause a hearing to be held of persons convicted of sex crimes in counties of residence; and for other purposes.
Referred to the Committee on Judiciary.

HB 553. By Messrs. Alexander of the 108th, Thompson of the 85th, McDonald of the 15th, Whitmire of the llth and Harrington of the 34th:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds that are sufficient to authorize the granting of a total divorce, so as to amend Subsection 11, relating to incurable insanity as a ground for total divorce; and for other purposes.
Referred to the Committee on Judiciary.

HB 554. By Messrs. Hawes of the 95th and Lane of the 101st, and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Code Section 23-1705, relating to bond for public contractors, so as to increase the total amount of the contract price where such bonds shall be required; and for other purposes.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 16, 1971

775

HB 555. By Messrs. Hawes of the 95th and Lane of the 101st, and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Code Section 26-2101, relating to distributing of obscene materials, so as to provide that any person,, who, with intent to do so shall be party to distributing obscene material of any description, shall be doing an act of public nuisance; and for other purposes.
Referred to the Committee on Industry.

HB 556. 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 ordinary of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the ordinary; to change the salary of the deputy of the ordinary; and for other purposes. .
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 557. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of com pensation, so as to change the salary of said Sheriff and the salaries of his deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 558. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of Rockdale County, so as to change the salary and the expense allowance of the commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 559. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the compensation of the clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 560. By Messrs. Moore of the 6th, Farrar of the 77th, Gunter of the 6th, Mauldin of the 12th, Chandler of the 34th and Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating

776

JOURNAL OF THE HOUSE,

to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that inmate trainees shall not be pro hibited from repairing or otherwise utilizing privately owned vehicles or other equipment in their training; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 561. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa Cunty on an annual salary in lieu of the fee system of compensation, so as to change the compen sation of the Clerk of the Superior Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 562. By Messrs. Smith of the 39th, Lane of the 101st, Adams of the 100th and Williams of the llth:
A Bill to be entitled an Act to provide a manufacturer's warranty as to standards of safety concerning the ability of certain automobiles to sustain shock; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 563. By Messrs. Vaughn and Jordan of the 74th, Thomason, Farrar, Levitas and Russell of the 77th, Dean of the 76th, Noble and Bell of the 73rd and Geisinger of the 72nd: A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to change the compensation of the judges of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 564. By Mr. Collins of the 62nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Camilla, so as to provide for a city manager for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 565. By Mr. Collins of the 62nd: A Bill to be entitled an Act to amend an Act amending the charter of Pelham, so as to provide for a system of public schools, so as to provide

TUESDAY, FEBRUARY 16, 1971

777

for a new Board of Education for the public school system of the City of Pelham; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 566. 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 of each county to regulate the admission and attendance of students 19 years old or older; and for other purposes.
Referred to the Committee on Education.

HB 567. By Messrs. Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Gignilliat of the 89th, Gaynor of the 88th and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act incorporating, and creating a charter for the City of Port Wentworth, so as to change the salary provisions relating to the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 568. By Messrs. Davis, Westlake, Floyd and Granade of the 75th, Vaughn and Jordan of the 74th, Collins and Geisinger of the 72nd, Dean of the 76th, Russell, Farrar, Thomason and Levitas of the 77th, Bell and Noble of the 73rd:
A Bill to be entitled an Act to provide that the governing authority of a municipality may not rezone or change the status of land which has been annexed for two years; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 569. By Messrs. Battle of the 90th, Greer of the 94th, Stephens of the 103rd, Gaynor of the 88th and Triplett of the 93rd:
A Bill to be entitled an Act to provide for the settlement of disputes concerning wages and rates of pay and other terms and conditions of employment of employees of certain fire departments; and for other purposes.
Referred to the Committee on Industrial Relations.

778

JOURNAL OF THE HOUSE,

HB 570. By Messrs. Brantley of the 114th, Lane of the 101st, Cook, Hawes, Felton and Greer of the 95th:
A Bill to be entitled an Act to reincorporate the City of Koswell in the County of Fulton; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 571. By Messrs, Leggett of the 67th, Drury of the 66th and Harrison of the 58th:
A Bill to be entitled an Act relating to the application of fungicides, herbicides, defoliants, desiccants, plant growth regulators, nematocides, and any other pesticides by aircraft or ground equipment or manually in the State of Georgia; and for other purposes.
Referred to the Committee on Agriculture.
HB 572. By Messrs. Leggett and Isenberg of the 67th, Drury of the 66th, Bohannon of the 20th and Harrison of the 58th:
A Bill to be entitled an Act to prohibit the discharge of petroleum products or their by-products into the coastal waters and lands adjoining the seacoast of this State; to license oil terminal facilities; to create the Coastal Protection Fund; and for other purposes.
Referred to the Committee on State of Republic.

HB 573. By Messrs. Leggett of the 67th, Felton of the 95th, Drury of the 66th, Hudson of the 48th, Bohannon of the 20th and Harrison of the 58th:
A Bill to be entitled an Act to provide that all prohibitions, protections, immunities and disabilities provided by law for minors shall not apply to persons 18 years of age or older who are or have been on active duty with the Armed Forces of the U. S.; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 574. 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 a new charter therefor", so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 16, 1971

779

HB 575. Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensa tion of the deputy sheriffs; and for other purposes,
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 576. By Messrs. Lane, Nessmith and Chance 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 typist; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 577. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act providing a salary for the Coroner of Jenkins County in lieu of fees, so as to change the salary of the Coroner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 578. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Jenkins County on a salary, so as to change the salary of the Sheriff and the deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 179-578. By Mr. Lane of the 44th: A Resolution compensating W. R. Mobley; and for other purposes.
Referred to the Committee on Appropriations.

HR 180-578. By Mr. Lane of the 44th:
A Resolution compensating Margie Bryant Williams; and for other purposes.
Referred to the Committee on Appropriations.

HR 181-578. By Mr. Colwell of the 5th: A Resolution compensating M. C. Wicht, Sr.; and for other purposes.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HR 182-578. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st and Floyd of the 7th:
A Resolution relative to a Management Review Section in the office of the Legislative Budget Analyst; and for other purposes.
Referred to the Committee on Appropriations.

HB 579. By Messrs. Ware, Mullinax and Knight 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 State Planning & Community Affairs--Local Legislation.

HB 580. By Messrs. Ware, Mullinax and Knight 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 increase the maximum penalties which may be prescribed for the violation of city ordinances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 581. By Messrs. Dean of the 76th, Griffin of the 68th, Ezzard of the 102nd and Shepherd of the 107th:
A Bill to be entitled an Act to create the Blue Ribbon Consumer Affairs Commission; to provide for the composition, duties, authorities and functions of said commission; and for other purposes.
Referred to the Committee on Industry.

HB 582. By Messrs. Hawes of the 95th and Smith of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 105-11, relating to tortious injuries to health, so as to provide that certain injections, transfusions, transplantings or transfer of human whole blood, blood plasma, blood products or blood derivatives, tissue, bones or organs shall be considered medical services; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 584. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to authorize the City of

TUESDAY, FEBRUARY 16, 1971

781

Albany to extend its garbage, refuse and rubbish collection services in Dougherty County beyond the corporate limits of the City of Albany where authorized by contract with Dougherty County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 585. By Mr. Carter of the 64th:
A Bill to be entitled an Act to create a new board of education of Berrien County and to provide for the election thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 586. By Mr. Carter of the 64th:
A Bill to be entitled an Act to amend an Act prescribing the terms of court of the superior court in each of the 5 counties comprising of the Alapaha Judicial Circuit, so as to change the terms of court of the superior court in each of the five counties; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 587. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to amend an Act requiring safe construc tion and installation of boilers and pressure vessels, so as to exempt certain water heaters; and for other purposes.
Referred to the Committee on Industry.

HB 588. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act classifying intangible property for taxation purposes, so as to change the rate of taxation on money; and for other purposes.
Referred to the Committee on Ways and Means:

HB 589. By Messrs. Wamble of the 69th, Wood of the llth and Melton of the 32nd:
A Bill to be entitled an Act to provide that portion of each county's tax digest which shall be composed of intangibles shall not be a public record, is confidential and not subject to inspection by any one except authorized tax personnel; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

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

HB 508. By Mr. Alexander of the 96th:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to reduce, over a three-year period, the percentage of the Equalized Adjusted School Property Tax Digest which is used in support of the Minimum Foundation Program; and for other purposes.

HB 510. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 114-3, relating to workmen's compensation claims and notices of accidents, so as to extend the period for filing claims; and for other purposes.

HB 511. By Messrs. Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act authorizing certain counties in this State to establish and maintain a law library, so as to change the minimum and maximum population figures in said Act; and for other purposes.

HB 512. By Mrs. Merritt of the 46th and Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets, and defraying the cost of providing personnel and equipment for the control of traffic, so as to provide that certain financial information shall be published; and for other purposes.

HB 513. By Messrs. Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to provide for a reporting system for the payment of local excise taxes on the sale of malt beverages; and for other purposes.

HB 514. By Messrs. Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county of this State, so as to change the minimum and maximum population figures in said Act; and for other purposes.

TUESDAY, FEBRUARY 16, 1971

783

HB 515. By Messrs. Isenberg and Leggett of the 67th:
A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to change the procedure of exempting certain persons from jury duty; and for other purposes.

HB 516. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing for the duties and expenses of the judges emeritus of the superior courts, so as to change the provisions relating to expenses and mileage allowances of said judges emeritus while serving as judges in the superior courts; and for other purposes.

HB 517. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, so as to change the annual license fee for applicants for licenses to practice chiropractic, and to change certain requirements respecting renewal certificates; and for other purposes.
HB 518. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, so as to change the subjects which must be covered in examinations of applicants for licenses to practice chiropractic; and for other purposes.
HB 519. By Messrs. Edwards and Black of the 45th, Oxford of the 46th, Mrs. Merritt of the 46th, Messrs. Dailey of the 53rd, Collins of the 62nd, Rush of the 51st, Grantham of the 55th, Hudson of the 48th and others:
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 increase the maximum permissible width of factory built housing; to provide for the issuance of permits and the charges therefor; and for other purposes.
HB 520. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, so as to change the com pensation of the Chairman and other Commissioners of Roads and Revenues of Sumter County; and for other purposes.
HB 521. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court and the city court

784

JOURNAL OF THE HOUSE,

clerk in Sumter County, so as to change the compensation of said clerk and certain employees of said clerk; and for other purposes.

HR 172-521. By Messrs. Davis, Floyd, Westlake and Granade of the 75th, Jordan of the 74th, Geisinger of the 72nd, Bell and Noble of the 73rd, Collins of the 72nd, and Russell of the 77th:
A Resolution creating the DeKalb County Education Study Commission; and for other purposes.

HR 173-521. By Mr. Jones of the 87th:
A Resolution compensating the Hillcrest Abney Memorial Park and Mausoleum, Inc.; and for other purposes.

HB 522. By Messrs. Stephens of the 103rd and Noble of the 73rd:
A Bill to be entitled an Act to provide for a tax on bottled soft drinks and soft drink syrup; and for other purposes.

HB 523. By Messrs. Bennett and Scarborough of the 81st, and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 69-301, relating to liability of municipal corporations, so as to provide that municipal corporations shall be liable for property damage and personal injury occasioned by the negligence or nonfeasance of its employees or of ficers in the exercise of any function essentially governmental in character; and for other purposes.
HB 524. By Messrs. Bennett and Scarborough of the 81st, and Miller of the 83rd:
A Bill to be entitled an Act to partially abolish the governmental im munity of the counties; to limit the amount of county liability; and for other purposes.
HB 525. By Messrs. Farrar, Russell, Thomason and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the City of Avondale Estates, so as to authorize the amendment of city ordinances; and for other purposes.
HB 526. By Messrs. Hadaway of the 27th, Hudson of the 28th, Edwards of the 45th and Conger of the 68th:
A Bill to be entitled an Act to amend Code Section 34-402, relating to expenses of ordinaries and of primaries and elections to be paid by coun-

TUESDAY, FEBRUARY 16, 1971

785

ties, so as to provide that each county shall be entitled to reimbursement from the State Treasurer an amount equal to that portion of its ex penses for primaries and elections which can be allocated to nomina tions and the elections of State Officers; and for other purposes.

HR 174-526. By Mr. Dorminy of the 48th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.

HR 175-526. By Mr. Harris of the 10th: A Resolution compensating Mrs. Vera Ingle; and for other purposes.

HR 176-526. My Mr. Stephens of the 103rd:
A Resolution proposing an amendment to the Constitution so as to pro vide that monies derived from soft drink taxes shall be appropriated to the counties; and for other purposes.

HB 527. By Mr. King of the 86th: A Bill to be entitled an Act to amend Code Chapter 84-3, relating to examination and registration of architects, so as to change the pro visions relating to fees for examination and certificates; and for other purposes.
HB 528. By Messrs. Russell, Thomason and Farrar of the 77th, Collins of the 72nd, Dean of the 76th, Noble of the 73rd, Brown of the 110th and Bond of the lllth, and Horton of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to further define school buses which motorists shall not pass when said buses are stopped to re ceive or discharge school children; and for other purposes.
HB 529. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act reincorporating the City of Sparta, so as to change the maximum ad valorem tax rate; and for other purposes.
HB 530. By Messrs. Savage of the 104th, Granade of the 75th, Hood of the 99th and Shepherd of the 107th: 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 pay and allowances of the Adjutant General; and for other purposes.

786

JOURNAL OF THE HOUSE,

HR 177-530. By Messrs. Sweat of the 65th, Marcus of the 105th, Moyer and Nunn of the 41st, Harris of the 10th and Colwell of the 5th:
A Resolution relative to the Code of Georgia, Unannotated; and for other purposes.

HB 531. By Messrs. Egan of the 116th and Geisinger of the 72nd:
A Bill to be entitled an Act to authorize certain counties to levy and impose certain excise taxes; and for other purposes.

HB 532. By Messrs. Egan of the 116th and Geisinger of the 72nd:
A Bill to be entitled an Act to authorize certain counties to levy and impose certain excise taxes; and for other purposes.

HB 533. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to create the Haralson County Water Au thority and to authorize such Authority to acquire and maintain selfliquidating projects embracing sources of water supply and the distri bution and sale of water and other related facilities to individuals, pub lic and private corporations and municipal corporations; and for other purposes.

HB 534. 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 authorize the sheriff of Haralson County to appoint one additional deputy and jailer, and for other pur poses.

HB 535. By Mr. Lee of the 21st:
A Bill to be entitled an Act to amend an Act regulating employment of children, so as to permit the employment of certain minors under the age of 14 years in certain occupations; and for other purposes.

HB 536. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Fiduciary Investment Company Act", so as to permit and allow certain qualified foreign trust institutions to invest in fiduciary investment companies; and for other purposes.

TUESDAY, FEBRUARY 16, 1971

787

HB 583. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend the Act creating and establishing a new charter for the City of Albany, so as to authorize the City of Albany to regulate the speed movement and parking of traffic and ve hicles on privately owned streets, ways and parking areas; and for other purposes.

Mr. Gaynor of the 88th 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 fol lowing Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 251. Do Pass by Substitute.

HB 253 Do Pass by Substitute.

HB 252. Do Pass.

HB 255. Do Pass by Substitute.

HB 256. Do Pass by Substitute.

HB 536. Do Pass.

Respectfully submitted,

Gaynor of the 88th,

Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted 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:
HB 151. Do Pass.

HB 254. Do Pass.

HB

25. Do Pass as Amended.

HB 282. Do Pass as Amended.

HE 22-38. Do Not Pass.

HB 436. Do Pass as Amended.

Respectfully submitted, Snow of the 1st, Chairman.

788

JOURNAL OF THE HOUSE,

Mr. Roach of the 10th District, Chairman of the Committee on Special Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 45. Do Pass as Amended.
HB 272. Do Pass.
HB 230. Do Pass.
HB 381. Do Pass.
HB 288. Do Pass.
HB 289. Do Pass. HB 291. Do Pass. HB 292. Do Pass. HB 293. Do Pass. HB 294. Do Pass. HB 295. Do Pass. HB 296. Do Pass. HB 297. Do Pass. HB 298. Do Pass. HB 299. Do Pass. HB 300. Do Pass. HB 301. Do Pass. HB 302. Do Pass. HB 303. Do Pass. HB 304. Do Pass. HB 305. Do Pass. HB 306. Do Pass. HB 307. Do Pass. HB 308. Do Pass. HB 309. Do Pass. HB 310. Do Pass. HB 311. Do Pass. HB 312. Do Pass.

TUESDAY, FEBRUARY 16, 1971

789

HB 313. Do Pass. HB 410. Do Pass. HB 211. Do Not Pass.

Respectfully submitted, Roach of the 10th, Chairman.

Mr. Howell of the 60th District, 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 follow ing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 506. Do Pass.

HB 527. Do Pass.

SB 52. Do Pass.

Respectfully submitted,

Howell of the 60th,

Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community 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 122. Do Pass. HB 183. Do Pass. HB 184. Do Pass. HB 185. Do Pass. HB 330. Do Pass. HB 383. Do Pass. HB 453. Do Pass. HB 454. Do Pass. HB 455. Do Pass.

790

JOURNAL OP THE HOUSE,

HB 456. Do Pass by Substitute.

HB 478. Do Pass.

HB 480. Do Pass.

HB 485. Do Pass.

HB 486. Do Pass.

HB 498. Do Pass.

HB 499. Do Pass.

HB 500. Do Pass.

HB 501. Do Pass.

HB 502. Do Pass.

HB 503. Do Pass.

HB 505. Do Pass.

HB 521. Do Pass.

HB 525. Do Pass.

HB 529. Do Pass.

HB 533. Do Pass.

HB 534. Do Pass.

Respectfully submitted,

Levitas of the 77th,

Chairman.

Mr. Williams of the llth assumed the Chair.

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

HB 456. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lamar County upon an annual salary, as amended, so as to provide that the sheriff shall be authorized to employ such number of deputies as the governing authority of Lamar County shall approve; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act placing the sheriff of Lamar County upon an an nual salary, approved March 10, 1965 (Ga. Laws 1965, p. 2207), as

TUESDAY, FEBRUARY 16, 1971

791

amended by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3539), so as to provide that the sheriff shall be authorized to employ such number of other salaried deputies as the governing authority of Lamar County shall approve; to provide for such salaried deputies' compen sation; to provide that the governing authority of Lamar County may increase the salaries of the sheriff and all salaried deputies and chief deputy under certain circumstances; to authorizze the governing au thority of Lamar County to expend funds for the payment of certain costs connected with the sheriff's office; to repeal conflicting laws; and
for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act placing the sheriff of Lamar County upon an annual salary, approved March 10, 1965 (Ga. Laws 1965, p. 2207), as amended by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3539), is hereby amended by striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:

"Section 4. The sheriff of Lamar County shall be authorized to appoint a salaried chief deputy sheriff to assist him in the per formance of his duties and fix his compensation at not to exceed $450.00 per month. The sheriff shall also be authorized to ap point such other salaried deputies as the governing authority of Lamar County shall agree to. Such other salaried deputies shall receive such compensation as the governing authority of Lamar County shall provide, but no such salary shall be more than $425.00 per month. The compensation of such salaried deputies shall be paid from the funds of Lamar County on the first Tuesday of each month."

Section 2. Said Act is further amended by inserting between Sec tions 4 and 5 a new Section to be known as Section 4A and to read as follows:

"Section 4A. The governing authority of Lamar County shall be authorized to increase the compensation of the sheriff, chief deputy, and all salaried deputies above those figures specified above when in the judgment of the governing authority such increases are necessary in order to offset increased living costs of such per sonnel due to inflationary trends in the economy."

Section 3. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows:

"Section 10. Said sheriff shall, at all times, be furnished at least two (2) serviceable police-type automobiles with all needed standard police equipment, including, but not limited to two-way radios, and the purchase and repair, replacement, maintenance, and operating expenses of said automobile, shall be paid from the funds of Lamar County. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and

792

JOURNAL OF THE HOUSE,

employees, shall be paid from the funds of the county. All supplies, materials, furnishings, furniture, utilities, uniforms, equipment, and the repair, replacement and maintenance thereof, as may be rea sonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from the funds of the county."

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 110, nays 0.

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

HB 122. By Mrs. Hamilton of the 112th; Messrs. Lane of the 101st, Adams of the 100th, Felton of the 95th and many others:
A Bill to be entitled an Act to amend an Act known as the Housing Authorities Law, as amended, so as to change the length of the terms of Commissioners in certain 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 110, nays 0.

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

HB 183. By Messrs. Savage of the 104th, Brown of the 110th, Bond of the lllth, Sims of the 106th and others:
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 provide addi tional pension benefits; and for other purposes.

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

TUESDAY, FEBRUARY 16, 1971

793

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 184. By Messrs. Savage of the 104th, Sims of the 106th, Bond of the lllth, Brown of the 110th and others:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, so as to provide additional pension benefits; and for other purposes.

The report 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 185. By Messrs. Savage of the 104th, Sims of the 106th, Bond of the lllth, Brown of the 110th and others:
A Bill to be entitled an Act to amend an Act so as to provide additional pension benefits to officers and employees of cities having a population of more than 150,000; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 230. By Messrs. Scarborough, Bennett and Evans of the 81st, Coney of the 82nd and others:
A Bill to be entitled an Act to amend an Act creating the office of Assistant Solicitor of the State Court of Bibb County, so as to provide for the creation of two offices of Assistant Solicitor of said Court; to repeal conflicting laws; and for other purposes.

794

JOURNAL OP 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 272. By Shanahan of 8th, Roach and Harris of 10th:
A Bill to be entitled an Act to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; to provide for the payment of the compensation for such 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 110, nays 0.

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

HB 288. By Messrs. Miles of the 78th, Smith and Sherman of the 80th, Dent of the 79th and others:
A Bill to be entitled an Act to amend an Act providing for a supple ment to the salary of certain district attorneys, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 289. By Messrs. Miles of the 78th, Smith of the 80th, Cheeks of the 78th and others:
A Bill to be entitled an Act to amend an Act authorizing the appoint ment of assistants to certain coroners, so as to change the population, figures and the census contained therein; and for other purposes.

TUESDAY, FEBRUARY 16, 1971

795

The report 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 291. By Messrs. Miles of the 78th, Smith of the 80th, Cheeks of the 78th and others:
A Bill to be entitled an Act to amend an Act relating to the collection and remission of commissions of cerain tax commissioners, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 292. By Messrs. Miles and Cheeks of the 78th, Smith of the 80th and others: A Bill to be entitled an Act to amend an Act providing for additional compensation for permanent employees of certain counties, so as to change the population figures and the census contained therein; and for other purposes.
The report 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 293. By Messrs. Miles and Cheeks of the 78th, Smith of the 80th and others: A Bill to be entitled an Act to amend an Act fixing the compensation of certain elected officials so as to change the population figures and the census contained therein; and for other purposes.

796

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 294. By Messrs. Miles and Cheeks of the 78th, Smith of the 80th and others:
A Bill to be entitled an Act to amend an Act prohibiting the dumping of certain trash and other refuse in certain counties, so as to change the population figures and census contained therein; and for other purposes.

The report 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 295. By Messrs. Miles and Cheeks of the 78th, Smith of the 80th and others:
A Bill to be entitled an Act to amend an Act fixing the salaries of the court reporters, special bailiffs and secretaries to the Superior Court Judges of certain counties, as amended, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 296. By Messrs. Miles and Cheeks of the 78th, Smith of the 80th and others: A Bill to be entitled an Act to amend an Act providing for a law assist ant for the Judge of Superior Courts of certain counties, so as to change the population figures and census contained therein; and for other pur poses.

TUESDAY, FEBRUARY 16, 1971

797

The report 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 297. By Messrs. Miles and Cheeks of the 78th, Smith of the 80th and others:
A Bill to be entitled an Act to amend an Act providing for the payment of witness fees to law enforcement officers in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 298. By Messrs. Miles, Mulherin and Cheeks of the 78th, Smith of the 80th, Dent and Connell of the 79th and Sherman of the 80th: A Bill to be entitled an Act to amend an Act providing additional com pensation for the district attorneys of certain judicial circuits, as amended, so as to change the population figures and census contained therein; and for other purposes.
The report 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 299. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th: A Bill to be entitled an Act to amend an Act providing for the establish ment of depositories of trash and refuse in certain counties, so as to

798

JOURNAL OF THE HOUSE,

change the population figures and the census contained therein; and for other purposes.

The report 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 300. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th: A Bill to be entitled an Act to amend the "Juvenile Court Act", as amended, so as to change certain of the population figures and the census contained therein; and for other purposes.

The report 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 301. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of certain assistants to certain district attorneys, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 16, 1971

799

HB 302. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend Code Section 21-105, relating to the fees of coroners, as amended, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 303. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of a secretary to certain judges of the State Courts in certain counties, so as to change the population figures and census contained therein; and for other purposes.

The report 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 304. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act providing additional com pensation for certain district attorneys, as amended, so as to change the population figures and census contained therein; and for other purposes.

The report 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.

800

JOURNAL OF THE HOUSE,

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

HB 305. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of law libraries in certain counties, as amended, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 306. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of an assistant solicitor in the State Court of certain counties, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 307. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th: A Bill to be entitled an Act to amend an Act relating to the conduct of certain public officials in certain counties and political subdivisions so as to change the population figures and census contained therein; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill,, was agreed to.

TUESDAY, FEBRUARY 16, 1971

801

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 308. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act relating to the appointment of certain assistants to certain district attorneys so as to change the population figures and census contained therein; and for other purposes.

The report 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 309. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend Code Section 38-1501, relating to the attendance of witnesses and the fees therefor, as amended, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 310. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act relating to the appointment of a clerk for the district attorney in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

802

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 311. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of a jury clerk in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 312. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th: A Bill to be entitled an Act to amend an Act providing for the appoint ment of an executive secretary and calendar clerk to the judge of the superior courts in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
The report 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 313. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th: A Bill to be entitled an Act to amend an Act relating to the appointment of court reporters to the judges of the superior courts of certain coun ties, so as to change the population figures and the census contained therein; and for other purposes.

TUESDAY, FEBRUARY 16, 1971

803

The report 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 330. By Messrs. Egan of the 116th, Hill of the 97th, Alexander of the 96th, Ezzard of the 102nd, Mrs. Hamilton of the 112th and many others:
A Bill to be entitled an Act to create the City of Atlanta Charter Com mission; to provide for the membership of said Commission; to provide for the organizational meeting of the Commission; 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 383. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Burke County upon an annual salary, as amended, so as to change the compensation of the sheriff of Burke 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.

HB 410. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county of this State, as amended, so as to change the minimum and maximum population figures; and for other purposes.

804

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 453. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Pierce County, as amended, EO as to change the compen sation of the Chairman; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 454. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to abolish the present mode of compen sating the Ordinary of Pierce County, known as the fee system; to pro vide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the coun ty; to provide for the collection of all such fees, costs, and emolu ments; to provide for periodic statements; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 455. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Pierce County on an annual salary, as amended, so as to change the

TUESDAY, FEBRUARY 16, 1971

805

compensation of the sheriff, chief deputy 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 110, nays 0.

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

HB 478. By Messrs. Adams, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to amend an Act creating the State Court of Ployd County, as amended, so as to change the number of jurors in 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 110, nays 0.

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

HB 480. By Messrs. Jordan of the 74th, Farrar of the 77th, Floyd of the 75th and others:
A Bill to be entitled an Act to amend an Act applying to certain coun ties and directing the county commissioners to pay to the board of edu cation all commissions which would have been retained by the tax commissioner, so as to change the 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.

806

JOURNAL OF THE HOUSE,

HB 485. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hinesville, as amended, so as to change election dates for municipal elections; and for other purposes.

The report 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 486. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Midway, as amended, so as to add one councilman and to provide for four terms of office for the mayor and council 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 498. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to authorize and direct the governing au thority of Warren County to employ a full-time county policeman who shall have such powers and duties as sheriffs now have; and for other purposes.
The report 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 16, 1971

807

HB 499. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Warren County on a salary in lieu of a fee system of compensation, so as to change the compensation of the clerk of th& superior court; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 500. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Warren County on a salary in lieu of a fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 501. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the ordinary of Warren County, as amended, so as to change the compensation of the ordinary; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

808

JOURNAL OF THE HOUSE,

HB 502. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a commissioner of roads and revenues of Warren County, as amended, so as to change the compensation of the commissioner of Warren County; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 503. By Messrs. Coney of the 82nd, Brown of the 81st and others:
A Bill to be entitled an Act to amend Code Section 59-106, relating to the revision of the jury lists and the selection of grand and traverse jurors, 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 110, nays 0.

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

HB 505. By Messrs. Davis and King of the 86th, Pearce and Buck of the 84th, Berry and Thompson of the 85th:
A Bill to be entitled an Act to amend the Charter of Columbus, Geor gia, redesignating the name of the city court of Columbus to the state court 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 passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 16, 1971

809

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 Resolutions of the House, to-wit:

HR 11-18. By Mr. Grantham of the 55th:
A Resolution compensating the Supreme Meadow Ice Cream Company; and for other purposes.

HR 13-18. By Mr. Shanahan of the 8th:
A Resolution compensating Joan Elizabeth Putnam; and for other pur poses.

HR 14-18. By Mr. Shanahan of the 8th: A Resolution compensating John K. Hobgood; and for other purposes.

HR 15-18. By Mr. Shanahan of the 8th: A Resolution compensating Milton Stewart; and for other purposes.

HR 16-18. By Mr. Mullinax of the 30th:
A Resolution compensating Mr. Alford H. Nader; and for other pur poses.

HR 17-18. By Mr. Strickland of the 56th: A Resolution compensating Mr. J. P. Dean; and for other purposes.

HB 19-38. By Mr. Scarborough of the 81st:
A Resolution compensating Mr. Scott F. Sinclair; and for other pur poses.

HR 21-38. By Messrs. Russell and Keyton of the 70th:
A Resolution compensating Mr. James E. Howell; and for other pur poses.

810

JOURNAL OF THE HOUSE,

HR 35-64. My Mr. Felton of the 95th:
A Resolution compensating Mrs. Irvin Blumenthal; and for other pur poses.

HR 43-83. By Mr. Harrington of the 34th:
A Resolution compensating Mr. J. R. Bouchillon; and for other pur poses.

HR 49-83. By Mr. Harrington of the 34th: A Resolution compensating Mr. Arthur Mosely; and for other purposes.

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

HB 106. By Messrs. Matthews and Patton of the 63rd, Russell of the 70th and others:
A Bill to amend an Act known as the "Georgia Meat Inspection Act," so as to repeal the provision of Section 14 (a) which prohibits the cus tom slaughterer from buying and selling meat capable of use as human food; and for other purposes.

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

SB 53. By Senator Holloway of the 12th:
A Bill to amend Code Section 47-107, relating to the salary, expenses and mileage of members and officials of the General Assembly as amended, so as to change the designation of "Administrative Floor Leader of the Senate"; to repeal conflicting laws; and for other pur poses.

SB 104. By Senator Smalley of the 28th:
A Bill to amend Code Section 24-2727, relating to fees of the clerks of superior courts, as amended, so as to abolish fees of the clerks of the superior courts relative to proceedings to forfeit a charter; to repeal conflicting laws; and for other purposes.

SB 110. By Senator McGill of the 24th, Kennedy of the 4th, McDuffie of the 19th, and Dean of the 6th:
A Bill to amend the "Georgia Meat Inspection Act", so as to provide that it shall be unlawful for any person, partnership, firm or corpora-

TUESDAY, FEBRUARY 16, 1971

811

tion to use the word "Georgia" in any trademark, trade name, service mark or advertisement in connection with any meat or meat food prod uct which is not equal to or better than U. S. Grade "good"; to repeal conflicting laws; and for other purposes.

SB 111. By Senators Webb of the llth, Plunkett of the 30th, and Dean of the 6th:
A Bill to authorize and direct any electric membership corporation under the laws of the State to redeem capital credits and pay the proceeds thereof to the surviving spouse or certain other family members, of any person who dies intestate owning capital credits in such electric membership corporation; to repeal conflicting laws; and for other purposes.

SB 112. By Webb of the llth:
A Bill to amend Code Section 9-105, relating to appointment by the Supreme Court of five bar examiners, as amended, so as to provide for the appointment, qualifications, compensation, fees and expenses of such examiners and the fees for taking the State Bar examinations; to repeal conflicting laws; and for other purposes.

SB 156. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to amend Code Section 49-604, relating to the appointment of guardians, as amended, so as to provide that the superintendent of a Treatment Facility shall provide the supportive affidavit of a physician which must accompany certain petitions for guardianship; and for other purposes.

SB 157. By Senators Rowan of the 8th, Kidd of the 25th, and Dean of the 6th:
A Bill to amend Code Chapter 88-5, relating to the hospitalization of the mentally ill, as amended, so as to provide an additional procedure whereby a person who appears to be mentally ill and likely to injure himself or others may be taken into custody by a peace officer upon an order issued by the ordinary; and for other purposes.

SB 159. By Senators Rowan of the 8th, Kidd of the 25th, and Dean of the 6th:
A Bill to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, as amended, so as to provide that the ordi nary of the county where an allegedly mentally ill person is found may appoint a temporary guardian; to repeal conflicting laws; and for other purposes.

812

JOURNAL OP THE HOUSE,

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

SB 22. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act providing 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 bene fits only; and for other purposes.
Referred to the Committee on Retirement.

SB 82. By Senators Lester of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to amend an Act providing a pension system for the retirement of certain employees of the City of Augusta, so as to provide for an increase of benefits for retired employees based on the U.S. Consumer Price Index; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 95. By Senator Patton of the 40th:
A Bill to be entitled an Act to amend Code Section 84-903, relating to the appointment of the Composite State Board of Medical Examiners, so as to change the manner in which the Governor shall make appoint ments to the Board; and for other purposes.
Referred to the Committee on Health and Ecology.
SB 117. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the ordinary of Walker County and providing in lieu thereof an annual salary, so as to change the compensation of the ordi nary of Walker County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
SB 118. 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 compensation of said tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 16, 1971

813

SB 119. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County and providing in lieu thereof an annual salary, so as to change the com pensation of said clerk of the superior court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 138. By Senators Bateman of the 27th and Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating a Fiscal Affairs Subcommittee of the Senate and Fiscal Affairs Subcommittee of the House of Representatives, so as to authorize the Budget Bureau to transfer certain funds under certain circumstances; and for other purposes.
Referred to the Committee on Appropriations.
SB 141. By Senators Gillis of the 20th, Bateman of the 27th, Plunkett of the 30th, and Hamilton of the 26th:
A Bill to be entitled an Act to implement Article VII, Section I, Para graph I of the Constitution of Georgia which authorized the General Assembly to provide for grants to citizens of Georgia attending colleges or universities in this State which are not branches of the University System; and for other purposes.
Referred to the Committee on University System of Georgia,
SB 51. By Senators Plunkett of the 30th and Webb of the llth: A Bill to be entitled an Act to amend an Act creating the State High way Board, so as to provide that the State Highway Board and the State Highway Department shall not be in certain contracts or contract of any debt unless there shall be sufficient funds appropriated to enable such Board and Department to meet such obligations; and for other purposes.
Referred to the Committee on Banks and Banking.

The Speaker assumed the Chair.

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

814

JOURNAL OF THE HOUSE,

HB 163. By Messrs. Sherman of the 80th, Westlake of the 75th, Ware of the 30th, Shanahan of the 8th and Wood of the llth:
A Bill to be entitled an Act to amend Section 56-713 (5) of the Georgia Insurance Code, so as to authorize, but not require, any property, casualty, surety or allied lines insurance agent, agency or broker to charge, receive and collect on any unpaid premium account with a bal ance owing for 30 days or more, a service charge of 15<? per $10 per month computed on amounts unpaid from month to month or other regu lar period; and for other purposes.

The following amendment was read and adopted:

Mr. Sherman of the 80th moves to amend HB 163 by deleting in its entirety that part on page 2, line 10 beginning with the word "if" and ending with the word "range" on line 18.

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, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss

Busbee Carr Chance Chappell Cheeks Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Drury Egan Evans Ezzard Farrar

Floyd, J. H. Gary Gignilliat Grahl Granade Grantham Hadaway Harris Harrison Hays Hill, G. Hood Horton Housley Howard Howell Hudson, Ted Jessup Johnson Jordan Key ton Kreeger Lambert

TUESDAY, FEBRUARY 16, 1971

815

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Miller Morgan Moyer

Mulherin Murphy Nessmith
Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, L. L. Pickard Pinkston Poole Reaves
Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem

Scarborough
Shanahan Sherman Sims Smtih, H. R. Smith, V. T. Sorrrells Stephens
Toles
Townsend
Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Alexander, W. H. Carter Collins, S. Daugherty Dean, Gib Dixon Floyd, L. R. Geisinger Ham

Hill, B. L. Isenberg Jones, Herb King Knight Knowles Lane, Dick Lee, W. S. Levitas

Milford Odom Phillips, W. R. Potts Rainey Strickland Thompson

Those not voting were Messrs.:

Battle Bond
Bray Chandler Colwell Conger Dailey Dorminy Edwards Felton Fraser Gaynor

Greer Griffin Gunter Hamilton Harrington Hawes Hudson, C. M. Hutchinson Jones, J. R. Longino McCracken Moore

Mullinax Phillips, G. S. Roach Savage Shepherd Smith, J. R.
Snow Sweat Thomason Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 135, nays 25.

816

JOURNAL OF THE HOUSE,

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

Messrs. Blackshear of the 91st and Brown of the 110th stated that they had inadvertently voted "aye" on the passage of HB 163, as amended, but had in tended to vote "nay".

Mr. Bond of the lllth stated he had been called from the floor of the House when the roll was called on HB 163, as amended, and wished to be recorded as voting "nay".

HB 162. By Messrs. Harrison of the 58th, Toles and Adams of the 9th and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating and establishing a Board of Funeral Service, so as to require that an applicant for license as a funeral director possess a valid license to practice embalming; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 162 as follows:
By striking from the title the following:
"to provide an effective date;",
and by inserting in lieu thereof the following:
"to provide that any person who shall have met the require ments for embalmer or funeral director under said Act shall be exempt from any further examination requirements;".
By striking Section 3 in its entirety and by inserting in lieu thereof the following:
"Any embalmer or funeral director who has met the require ments of this Act and who possesses a valid license shall be exempt from any further examination requirements."
The following amendment was read and adopted:
Mr. Harrison of the 58th moves to amend HB 162 by renumbering Section 4 as Section 5, and by inserting a new Section 4, to read as follows:

TUESDAY, FEBRUARY 16, 1971

817

"Section 4. This Act shall become effective three years after it is approved by the Governor or after it otherwise becomes law."

The following amendment was read:
Mr. Egan of the 116th moves to amend HB 162 by adding on line 19 after the word "be" the words "or shall have in his employ" and by changing the title accordingly.

On the adoption of the amendment, the ayes were 95, nays 11.

The amendment was adopted.

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, G. D. Adams, John Adams, Marvin Atherton Barfield Bell Bennett, J. T. Bennett, Tom Black Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Carr Carter Chance Chappell Clements Cole Colwell Coney, G. D.

Coney, J. L. Conger Davis, W. Dean, Gib Dean, N. Drury Edwards Ezzard Fraser Gary Geisinger Grahl Grantham Greer Griffin Gunter Hadaway Ham Harris Harrison Hays Hill, G. Housley Howard Hudson, C. M.

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jordan King Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Maxwell

818
McDaniell Melton Merritt Miller Moore Morgan Moyer Murphy Noble Northcutt Nunn Oxford Patterson Patten

JOURNAL OF THE HOUSE,

Phillips, L. L. Pinkston Poole Potts Eainey Reaves Roach Ross Rush Russell, A. B. Salem Scarborough Sims Smith, V. T.

Snow Sorrells Toles Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Alien Battle Blackshear Bond Brown, B. D. Chandler Cheeks Collier Collins, S. Connell Cook Daugherty Davis, E. T. Dean, J. E. Dent

Dixon Egan Evans Gaynor Granade Hamilton Harrington Hawes Hill, B. L. Horton Jones, Herb Keyton Knight Lane, W. J. Mason McDonald Miles

Milford Mulherin Mullinax Nessmith Peters Phillips, W. R. Russell, H. P. Savage Shanahan Shepherd Smith, H. R. Stephens Strickland Townsend Triplett Ware

Those not voting were Messrs.:

Berry Brantley, H. H. Buck Busbee Collins, M. Dailey Dorminy Farrar Felton Floyd, J. H.

Floyd, L. R. Gignilliat Hood Howell Jones, J. R. Mauldin McCracken Odom Pearce Phillips, G. S.

Pickard Russell, W. B. Sherman Smith, J. R. Sweat Thomason Thompson Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 116,.nays 50.

TUESDAY, FEBRUARY 16, 1971

819

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

Mr. Odom of the 61st stated that he had been called from the floor of the House when the roll was called on HB 162, as amended, and wished to be recorded as voting "aye".
Mr. Harrison of the 58th stated that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 162, as amended.
HB 231. By Messrs. Matthews and Logan of the 16th and Maxwell of the 17th: A Bill to be entitled an Act to amend Code Section 32-111, providing for compensation and expenses for members of the Board of Regents, so as to provide that members of the Board of Regents shall receive com pensation and expenses for attendance at meetings of the Board and travel, within or without the State, as a member of a committee of the Board which has been authorized by the Chairman or by action 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 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 60. By Messrs. Phillips of the 50th, Strickland of the 56th, Smith of the 3rd, and Salem and Rush of the 51st: A Bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, so as to redesignate a certain code section; and for other purposes.

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:

820

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield
Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Brantley, H. H.
Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Cheeks
Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W.
Dean, Gib Dean, N. Dent Egan Evans Farrar
Felton Floyd, J. H. Gary Gaynor Geisinger Gignilliat Grahl

Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington
Harris Harrison Hawes Hays Hood Howard Howell Hudson, C. M. Hudson, Ted
Hutchinson Isenberg Jessup Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason
Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald
Melton Merritt Miles Milford Miller Moore Morgan

Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Oxford
Patterson Pearce Peters Phillips, L. L. Pickard Pinkston Poole Potts Rainey
Reaves Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman
Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend
Triplett Tripp Turner Vaughn Wamble Ware
Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

TUESDAY, FEBRUARY 16, 1971

821

Those voting in the negative were Messrs.:

Bond Carter Chappell

Dixon Edwards Hill, B. L.

Hill, G.

Those not voting were Messrs.:

Bostick Bowen Brown, B. D. Collier Dailey Daugherty Dean, J. E. Dorminy Drury Ezzard

Floyd, L. R. Fraser Granade Horton Housley Johnson Jones, J. R. Larsen, W. W. Longino Matthews, D. R.

Northcutt Odom Patten Phillips, G. S. Phillips, W. R. Roach Russell, W. B. Sims Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 7.

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

Mr. Drury of the 66th stated that he had been called from the floor of the House when the roll was called on HB 60, and wished to be recorded as voting "nay".

HB 153. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to authorize the Stats of Georgia to make grants to any authority to assist same in the construction of those portions of water pollution control projects which qualify for federal aid and assistance under certain federal Acts; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", approved March 11, 1964 (Ga. Laws 1964, p. 416), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 328), so as to authorize the State of Georgia to make grants to any public authority, agency, commission, or institution

822

JOURNAL OF THE HOUSE,

to assist same in the construction of those portions of water pollution control projects which qualify for federal aid and assistance under certain federal Acts; to authorize the State of Georgia to make grants as funds are available to any public authority, agency, commission, or institution where the need of such authority is shown; to authorize the State of Georgia to appropriate funds to any public authority, agency, commission, or institution for water pollution control projects to be determined by the Water Quality Control Board; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act known as the "Georgia Water Quality Control Act", approved March 11, 1964 (Ga. Laws 1964, p. 416), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 328), is hereby amended by striking Section 25 in its entirety and by inserting in lieu thereof a new Section 25, which shall read as follows:

"Section 25. Grants for counties and municipalities.--The State of Georgia is hereby authorized to make grants, as funds are avail able, to any county, municipality, or any combination of the same, or any public authority, agency, commission, or institution, to assist them in the construction of those portions of water pollution control projects which qualify for federal aid and assistance under the pro visions of Title 33, Section 466-466k of the United States Code An notated, as now or as may hereafter be amended.

The State of Georgia is further authorized to make grants as funds are available to any county, municipality or any combination of the same, or any public authority, agency, commission or institu tion, by appropriate action of the General Assembly of Georgia with or without qualification for federal aid and assistance as hereinbe fore set forth where the need of such county, municipality or com bination is shown."

Section 2. Said Act is further amended by striking Section 28A in its entirety and inserting in lieu thereof a new Section 28A, which shall read as follows:

"Section 28A. It is the intent of this Act that full advantage be taken of all funds available under the provisions of the afore said federal Act, but the State of Georgia shall not be limited in its contribution and where no funds are available under the federal Act as aforesaid, the State of Georgia shall be authorized to ap propriate funds for the alleviation of pollution problems and for the construction of water pollution control projects throughout the State of Georgia as the need may be shown by counties, municipali ties, or combinations of same, or any public authority, agency, com
mission, or institution, and such grants by the State may be made for specific communities or for water pollution control projects to be determined by the Water Quality Control Board and adminis tered by same."

TUESDAY, FEBRUARY 16, 1971

823

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

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend the Committee substitute to HB 153 by adding after the word "combination" on line 15 of page 2 the words "of same or such public authority, agency, commission or institution".

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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 217. By Messrs. Bell of the 73rd, Jordan of the 74th, Berry of the 85th, Gary of the 21st and Coney of the 118th: A Bill to be entitled an Act to provide that each county and municipality of this State, by appropriate resolution or ordinance, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes; to provide for a definition; and for other purposes.
The following Committee amendment was read and withdrawn by unanimous consent:
The Committee on Ways and Means moves to amend HB 217 as follows:
By removing fee of $1.50 and insert in lieu thereof $3.00 in Section 3, Paragraph (c), line 11.
The following substitute, offered by Mr. Bell of the 73rd, was read:
A BILL
To be entitled an Act to provide that each county of this State, by appropriate resolution, shall require the issuance of certain permits rela-

824

JOURNAL OF THE HOUSE,

tive to the location or relocation of certain mobile homes; to provide for a definition; to provide for certain decals; to provide for notification to be given to the governing authorities of certain counties; to provide for a fee for permits and for renewal; to provide a penalty for failing to comply with or violating the provisions of a resolution duly adopted pursuant to this Act; to provide for the intent of this Act; to authorize the exercise of certain additional powers; to provide for all matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. As used in this Act, the term "mobile home" means a "mobile home" or a "relocatable home" as such terms are defined in subsections (a) and (b) of Section 2 of the Act known as "The Uniform Standards Code for Factory Manufactured Movable Homes Act", ap proved March 26, 1968 (Ga. Laws 1968, p. 415).

Section 2. The governing authority of each county of this State, by appropriate resolution, shall provide procedures whereby the owner of a mobile home shall be required to obtain from the tax assessors of the county a permit authorizing the location of such mobile home within the respective confines of such county when the owner thereof is using or intends to use such mobile home as a residence. Any such resolution shall also provide that the owner of a mobile home used as a residence which is located within such county may not be relocated within the con fines of the county or beyond such confines without first obtaining a permit from the tax assessors of such county authorizing such reloca tion. Any such resolution shall also provide that all applicable taxes have been paid before any permit provided for herein shall be issued. In connection therewith, any such resolution shall require proof from the owner of a mobile home which is located within any portion of the county that lies within a municipality that all applicable municipal taxes have been paid before a permit may be issued.

Section 3. (a) The resolutions provided for in Section 2 of this Act shall also provide for the issuance of decals at the time the permits provided for by such resolutions are issued. The decal issued with a permit authorizing location of a mobile home within a county shall be green in color and shall be affixed to the mobile home at all times it is being used as a residence within the confines of such county. The decal issued with the permit authorizing relocation of a mobile home shall be red in color and shall be affixed to the mobile home at all times such mobile home is being transported within the confines of this State. Such declas shall be designed in such manner and affixed to mobile homes in such manner as to cause them to be easily visible for inspection.

(b) Such resolutions shall also provide that whenever a permit authorizing relocation of a mobile home is issued and such mobile home is to be relocated within the confines of another county of this State, the tax assessors of such other county shall be notified of the date of the issuance of such permit.

TUESDAY, FEBRUARY 16, 1971

825

(c) Such resolutions shall also provide for a fee of $3.00 for the issuance of each permit required by such resolutions and for the annual renewal of permits authorizing the location of a mobile home within the
confines of a county.

Section 4. Any person failing to comply with or violating the pro visions of any resolution duly adopted pursuant to the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

Section 5. It is the intent of this Act to provide requirements whereby the counties of this State shall accurately prepare and check tax returns on mobile homes and collect all applicable taxes due on mobile homes, but this Act shall in no way modify or affect existing zoning ordinances, resolutions or laws.

Section 6. The counties of this State are hereby authorized to exer cise such additional powers as may be necessary to effectively carry out the provisions of this Act.

Section 7. An Act authorizing the governing authority of each county and municipality to require permits relative to locating or mov ing a mobile home or relocatable home, approved April 28, 1969 (Ga. Laws 1969, p. 847), is hereby repealed in its entirety.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend the substitute to HB 217 by adding after the word "residents" the following words: "for himself or others or for any other purposes".

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John

Adams, Marvin Alexander, W. H.

Alexander, W. M. Alien

826
Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry
Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Busbee Carr Carter Chance Chandler Chappell Cheeks
Clements Cole Collins, S. Colwell Coney, G. D. Coney, J. L. Conger
Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent
Drury
Egan
Evans
Ezzard
Farrar
Felton
Floyd, L. R
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Granade

JOURNAL OF THE HOUSE,

Grantham Greer Griffin Gunter Had away Ham Hamilton
Harrington Harrison Hawes Hays Hill, B. L. Hill, G.
Hood Horton Housley Hudson, C. M. Hudson, Ted Hutchinson
Isenberg Jessup Jones, Herb Keyton King Knight Knowles
Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.
Leggett Levitas Lewis Logan Marcus Mason Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
Melton
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer
Mulherin

Mullinax Murphy Nessmith Noble Nunn Odom Oxford
Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L.
Phillips, W. R. Pickard Pinkston Poole Potts Rainey
Reaves Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough
Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow
Sorrells Stephens Strickland Sweat Thomason Thompson
Toles
Townsend
Triplett
Tripp
Turner
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

TUESDAY, FEBRUARY 16, 1971

827

Those voting in the negative were Messrs.:

Black Dean, N. Edwards

Fraser Harris Howard

Johnson McDonald Ross

Those not voting were Messrs.:

Bowen Collier Collins, M. Cook Dailey Dixon Dorminy

Floyd, J. H. Howell Jones, J. R. Jordan Larsen, W. W. Longino Lowrey

McDaniell Northcutt Roach Salem Smith, J. R. Vaughn Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 19.

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

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 136. By Messrs. Nunn and Moyer of the 41st, Ham of the 33rd, Smith and Turner of the 3rd, Smith and Adams of the 39th and others:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the Superior Courts of Georgia, so as to provide for benefits for additional service; and for other purposes.

The following amendment was read and adopted:
Mr. Harris of the 10th moves to amend HB 136 by adding a new sentence to Line 30 of Page 2 to appear after "officer" to read as follows:
"The Superior Court Retirement Board shall have the authority to give retirement credit to eligible clerks for military service during war time or armed conflict not to exceed four (4) years, without the need of his breaking his tenure of office as clerk, pursuant to such rules and regulations as may be promulgated by the Board."

828

JOURNAL OF THE HOUSE,

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, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Berry Black Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S.
Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugiierty Davis, W. Dean, Gib
Dean, N. Dent Dixon Drury Edwards Evans Ezzard

Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Ham Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutcliinson Isenberg Jessup Johnson Jones, Herb Keyton
Knight Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.
Leggett Levitas Lewis Logan Lowrey Marcus Mason

Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.
Pinkston Poole Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P.
Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R.

Smith, V. T. Snow Sorrells Strickland
Sweat Thomason Thompson

TUESDAY, FEBRUARY 16, 1971

829

Toles Towiisend Triplett Tripp Turner Wamble Westlake

Wheeler, Bobby Wheeler, J. A. Whitmire Wilson
Wood

Those voting in the negative were Messrs.

Adams, G. D. Bell Blackshear Brantley, H. H. Dean, J. E.

Gary King Lane, Dick Noble Pickard

Rush Savage Stephens Williams

Those not voting were Messrs.:

Alexander, W. M. Bond Bowen Brown, B. D. Chandler Collier Dailey Davis, E. T. Dorminy

Egan Granade Gunter Hadaway Hamilton Harrington Hill, B. L. Hood Howell

Jones, J. R. Jordan Longino Moore Shepherd Smith, J. R. Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 154, nays 14.

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

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

HB 244. By Messrs. Rainey of the 47th, Housley of the 117th, Peters of the 2nd, Adams of the 100th and others:
A Bill to be entitled an Act to amend Code Chapter 36.1.1 known as the "State Properties Acquisition Law", so as to authorize the State Game and Fish Commission to acquire certain parcels of property and to pro vide that the provisions of said law shall not apply to the acquisition of such parcels; and for other purposes.

830

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend Code Chapter 36.1.1 known as the "State Properties Acquisition Law", so as to authorize the State Game and Fish Commission to acquire certain parcels of property and to provide that the provisions of said law shall not apply to the acquisition of such parcels; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 36.1.1 known as the "State Properties Acquisition Law", is hereby amended by adding at the end of subsection (c) of Code Section 36-104.1, relative to the powers of the State Prop erties Acquisition Commission, the following:

"Provided, however, the State Game and Fish Commission shall be authorized to acquire parcels of real property, not to exceed three acres for each such parcel, for the purpose of constructing boat launching ramps, and the provisions of this law shall not apply to the acquisition of such parcels for such purpose, where no cost for land to the Game and Fish Commission is required."

so that when so amended subsection (c) of Code Section 36-104.1 shall read as follows:

"(c) The powers authorized by this Section shall neither super sede nor abridge the powers of condemnation given severally to the State Highway Board of Georgia and the Regents of the University System of Georgia, but every other department and agency of the State shall acquire real property pursuant to this Act and through the commission hereby created only. Provided, however, the State Game and Fish Commission shall be authorized to acquire parcels of real property, not to exceed three acres for each such parcel, for the purpose of constructing boat launching ramps, and the pro visions of this law shall not apply to the acquisition of such parcels for such purpose, where no cost for land to the Game and Fish Commission is required."

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.

TUESDAY, FEBRUARY 16, 1971

831

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D.
Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E.

Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard Parrar Felton Eraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan
Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J.

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts Rainey Reaves Roach Ross Rush

832
Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

JOURNAL OF THE HOUSE,

Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp

Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Dailey Dorminy Floyd, J. H. Floyd, L. R.

Harris Howell Jones, J. R. Longino

Phillips, G. S. Russell, W. B. Snow Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 183, nays 0.

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

HB 336. By Mr. Lane of the 101st:
A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.

Mr. Rush of the 51st moved that HB 336 and all amendments thereto be placed on the table.

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

Those voting in the affirmative were Messrs.:

Adams, John Adams, Marvin Alexander Alien Bell Bennett, J. T. Bennett, Tom Black Blackshear

Bohannon Bo wen Brantley, H. L. Brown, C. Brown, S. P. Busbee Carr Carter Chance

Chandler Chappell Cheeks Clements Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Cook Daugherty Dean, Gib Dean, J. E. Dean, N. Dixon Drury Edwards Egan Evans Ezzard Farrar Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Gunter Hadaway Ham Hamilton Harris Harrison Hawes Hudson, C. M. Hutchinson Isenberg

TUESDAY, FEBRUARY 16, 1971

833

Jessup Johnson Jones, Herb Keyton King Knight Kreeger Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Logan Lowrey Marcus Matthews, C. Mauldin McCracken Merritt Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Oxford

Patterson Pearce Phillips, L. L. Pickard Potts Reaves Roach Rush Russell, H. P. Salem Scarborough Sims Smith, H. R. Smith, V. T. Snow Sweat Thompson Toles Town send Triplett Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. M. Bond Bostick Brantley, H. H. Bray Collier Conger Davis, W. Dent Gary Grahl Granade Grantham Greer Griffin

Hill, G. Hood Hudson, Ted Jones, J. R. Jordan Knowles Lane, Dick Larsen, G. K. Le vitas Matthews, D. R. Maxwell McDonald Melton Northcutt Patten Peters

Phillips, W. R. Poole Rainey Ross Russell, W. B. Savage Shanahan Shepherd Sherman Smith, J. R. Sorrells Stephens Turner Wamble

Those not voting were Messrs.:

Atherton Barfield Battle Berry

Brown, B. D. Buck Burruss Cole

Connell Dailey Davis, E. Dorminy

834
Felton Floyd, J. H. Harrington Hays Hill, B. L. Horton Housley Howard Howell Lambert Lee, W. S.

JOURNAL OF THE HOUSE,

Lewis Longino Mason McDaniell Miller Moore Murphy Nunn Odom Phillips, G. S. Pinkston

Russell, A. B. Strickland Thomason Tripp Vaughn Westlake Wilson Wood Mr. Speaker

On the motion to table, the ayes were 106, nays 46.

The motion prevailed and HB 336 was placed on the table.

Mr. Edwards of the 45th 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.

WEDNESDAY, FEBRUARY 17, 1971

835

Representative Hall, Atlanta, Georgia Wednesday, February 17, 1971

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. Andrew L. Miles, Chaplain to the Georgia Prison System.

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 590. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend an Act comprehensively and exhausively revising, superseding and consolidating the laws relating to

836

JOURNAL OF THE HOUSE,

the State Board of Corrections, so as to change the time when persons convicted of crimes shall enter the custody of the Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 591. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend Code Chapter 70-2, relating to grounds for new trials, so as to provide that neither the cross-examina tion of a witness on the same subject matter nor the introduction of evidence on the same subject matter shall constitute a waiver of any objection made to the admissibility of evidence on direct examination; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 592. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Catoosa County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputies of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 593. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Valley, so as to provide minimum and maximum salaries for the mayor and council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 594. By Messrs. Hill of the 94th, Brown of the 110th, Thompson of the 85th, Dent of the 79th, Blackshear of the 91st and Hood of the 99th and others:
A Bill to be entitled an Act to amend the Georgia Public Assistance Act of 1965, so as to authorize and direct the Department of Family and Children Services to pay a net minimum amount each month to persons eligible for Aid to Families with Dependent Children; and for other purposes.
Referred to the Committee on Welfare.

HB 595. By Mr. Conger of the 68th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to

WEDNESDAY, FEBRUARY 17, 1971

837

allow the holding of liquor referenda within municipalities; and for other purposes.
Referred to the Committee on Temperance.

HB 596. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Harris County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 597. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Harris County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 598. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to authorize the establishment of a life insurance program for certain employees of the State, certain sub divisions thereof, members of the General Assembly, and certain an nuitants; and for other purposes.
Referred to the Committee on Insurance.

HB 599. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 27-18, relating to nolle prosequi, so as to provide for the direction of verdicts of acquittal in criminal cases; and for other purposes.
Referred to the Committee on Judiciary.

HB 600. By Mr. McCracken of the 36th:
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 counter-signature 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.

838

JOURNAL OF THE HOUSE,

HB 601. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Harris County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 602. By Mr. Lowrey of the 9th:
A Bill to be entitled an Act to amend Code Chapter 89-1, relating to eligibility and qualifications for holding public office, so as to provide that members of county and municipal governing authorities shall not be eligible to hold office as members of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

HB 603. By Messrs. Wood, Whitmire and Williams of the llth:
A Bill to be entitled an Act to amend an Act amending the charter for the City of Gainesville, so as to change the compensation of the com missioners and the compensation of the commissioner serving as mayor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 604. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, so as to amend said amendatory Act to provide that the City of Toccoa shall have the right, power and authority to construct, repair, maintain, install, distribute, sell and furnish water, water facilities, sewage service, and sewer facilities to customers, persons, firms and corporations located outside the corporate limits of Toccoa; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 605. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen and providing for a commission manager form of government for said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 17, 1971

839

HB 606. By Mr. Savage of the 104th:
A Bill to be entitled an Act to provide for the liability of housing merchants for personal injuries to, or death of, certain purchasers or certain users of dwellings; to provide for the liability of housing mer chants for breach of warranty in the sale of dwellings; and for other purposes.
Referred to the Committee on Judiciary.

HB 607. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Peace Officer Standards and Training Act", so as to clarify the provi sions relating to the membership of the Georgia Peace Officer Standards and Training Council; and for other purposes.
Referred to the Committee on Judiciary.

HB 608. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th, Miles, Cheeks and Mulherin of the 78th:
A Bill to be entitled an Act to amend an Act creating an associate judge of the state court of certain counties, so as to change the popula tion figures contained therein and the census; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 609. By Mr. Ross of the 26th:
A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of Taliaferro County to obtain a surety bond; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 610. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 84-207, relating to the qualifications of applicants for certification as certified public ac countants, so as to authorize the substitution of experience as an in ternal revenue agent with the Internal Revenue Service in lieu of practical experience; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 611. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Chattooga County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

-840

JOURNAL OF THE HOUSE,

HB 612. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Chattooga County on a salary basis, so as to change the compensation of said Clerk; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 613. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Chattooga County on a salary basis, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 614. 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 Sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 615. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the State Court of Chattooga, so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 616. 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 in the County of Chattooga and granting a new charter therefor, so as to change the day for holding city elections; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 617. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensa tion of the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 17, 1971

841

HB 618. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for the issuance of special permits for the movement of modular homes, sectional houses and portable buildings over the highways of this State; and for other purposes.
Referred to the Committee on Highways.

Mr. McDaniell of the 117th moved that HB 618 be engrossed.

The motion prevailed and HB 618 was ordered engrossed.

HB 619. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act providing supplemental compensation for the ordinary of Burke County, so as to change the supplemental compensation of the ordinary of Burke County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 620. By Messrs. Noble and Bell of the 73rd, Westlake, Davis, Granade and Floyd of the 75th, Lane of the 101st, Adams of the 100th:
A Bill to be entitled an Act to provide that County School Systems, Independent School Systems and Area School Systems shall be pro hibited from including in any proposed or adopted school budget funds which represent any increase in the millage rate that requires the ap proval of the voters of such school system and which have not been approved by the voters of such school system as required by law; and for other purposes.
Referred to the Committee on Education.

HB 621. By Mr. Salem of the 51st:
A Bill to be entitled an Act to authorize the levy and collection of a gross receipts tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 622. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to reincorporate the City of Harlem in the County of Columbia; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

842

JOURNAL OF THE HOUSE,

HB 623. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Webster County, so as to increase the salary of the clerk of the commissioner of Webster County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 183-623. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th, Mulherin, Miles and Cheeks of the 78th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 184-623. By Mr. Knowles of the 22nd:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 624. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan in Coweta County, so as to abolish the Water, Sewerage and Light Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 625. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Coweta County, so as to change the provisions relating to com pensation for secretarial help in the office of the solicitor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 626. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to

WEDNESDAY, FEBRUARY 17, 1971

843

change the provisions relating to the compensation for clerical help in the office of ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 627. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Apartment Ownership Act", so as to make the Act applicable to property which an owner or lessee submits to the provisions of the Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 628. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to provide for the reimbursement of certain State employees for the reasonable expenses incurred in moving their household goods to the locality in which they are to be employed; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 629. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act creating and establishing a Planning Commission and Board of Zoning Appeals for Clayton Coun ty, so as to provide that the Planning Department shall notify the Clayton County Board of Education of any rezoning application; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 630. By Messrs. Alexander of the 96th, Alexander of the 108th, Pelton, Cook and Greer of the 95th, Mrs. Hamilton of the 112th, Messrs. Longino of the 98th, Stephens of the 103rd and Marcus of the 105th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to change the compulsory school attendance age in certain school systems of this State; and for other purposes.
Referred to the Committee on Education.

HB 631. By Mr. Buck of the 84th:
A Bill to be entitled an Act to authorize counties in this State to estab lish 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 Special Judiciary.

844

JOURNAL OF THE HOUSE,

HB 632. By Mr. Parrar of the 77th:
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 if the General Assembly takes action resulting in a transfer of funds from the Minimum Foundation Program of Education, such transfer shall be considered as lapsed funds for the purpose of calculating adjustments; and for other purposes.
Referred to the Committee on Education.

HB 633. By Messrs. Jones of the 87th, Alien of the 92nd, Blackshear of the 91st, Triplett of the 93rd, Battle of the 90th, Miles of the 78th and Wamble of the 69th:
A Bill to be entitled an Act to require municipal and county governing authorities and local agencies to charge for essential governmental services in a nondiscriminatory manner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 634. By Messrs. Floyd of the 7th and Farrar of the 77th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
Referred to the Committee on Education.

HR 185-634. By Messrs. Harris, Poole and Roach of the 10th:
A Resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of Cartersville who are 62 years old or who are totally disabled and who have an income 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.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 635. By Messrs. Grahl of the 40th, Nunn and Moyer of the 41st:
A Bill to be entitled an Act to create and establish an Airport Authority for the counties of Houston and Peach and the cities of Perry and Fort Valley, and to authorize such Authority to acquire and maintain facili ties appertaining to such undertaking; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 17, 1971

845

HB 636. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Johnson County into the office of the tax commissioner of Johnson County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 637. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Collector of Johnson County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 638. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Receiver of Johnson County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 639. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act establishing the State Court of Johnson County, so as to change the compensation of the judge and the solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 640. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Johnson County on a salary basis, in lieu of the fee system of compen sation, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 641. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to place the Ordinary of Laurens County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

846

JOURNAL OF THE HOUSE,

HB 642. By Messrs. Chappell and Larsen 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 sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 643. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of Superior Court of Johnson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 644. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Johnson County, so as to change the compen sation of the chairman and each of the other members of said board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 645. By Messrs. Davis of the 86th, Miller of the 83rd, Whitmire of the llth and Wood of the llth:
A Bill to be entitled an Act to provide that the opportunity to cover and report in the style of that medium high school sporting events shall not be denied to any mass communications medium, nor fees or charges be levied for allowing a mass communication medium to cover and report such events; and for other purposes.
Referred to the Committee on Education.

HB 646. By Messrs. Geisinger and Collins of the 72nd, Westlake and Granade of the 75th, Noble and Bell of the 73rd, Thomason of the 77th, Russell of the 77th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act incorporating the City of Doraville, so as to provide for the filling of vacancies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 17, 1971

847

HR 186-646. By Mr. Hudson of the 28th: A Resolution compensating Mr. W. W. Walker; and for other purposes.
Referred to the Committee on Appropriations.

HB 647. By Messrs. Russell of the 14th, Townsend of the 115th, Mrs. Hamilton of the 112th and Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Chapter 26-12, relating to abortions, so as to define criminal abortion; to define the word "phy sician"; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 648. By Messrs. Harrison of the 58th, Morgan of the 23rd, and Hutchinson of the 61st:
A Bill to be entitled an Act to amend Code Section 67-2001, relating to the creation of mechanics and materialmen's liens, so as to provide that there shall be no materialmen's, laborers', or other liens created or declared against certain single-family dwellings, under certain condi tions ; 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 537. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act empowering cities, towns, and counties, separately or jointly, to provide, maintain and conduct supervised recreation systems, so as to change the provisions relative to the membership of recreation boards; and for other purposes.

HB 538. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court and the Clerk of the City Court (now the State Court) and the Ordinary of Hall County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the said officers; and for other purposes.

HB 539. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the compensation of the Tax Commissioner; and for other purposes.

848

JOURNAL OF THE HOUSE,

HB 540. By Messrs. Murphy of the 19th, Busbee of the 61st, Floyd of the 7th, Russell of the 70th, Snow of the 1st, Harrington of the 34th, Collins of the 72nd, Felton of the 95th and Greer of the 95th:
A Bill to be entitled an Act to prohibit every department, bureau, board, institution, commission, office or other agency of the Executive Branch of State Government from maintaining or operating a print shop with out the prior written approval of the Budget Bureau; and for other purposes.

HB 541. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Lumpkin County, so as to change the pro visions relative to said supplement; and for other purposes.

HB 542. By Mr. Colwell of the 5th: A Bill to be entitled an Act to provide that the tax commissioners of all counties having a population of not less than 8,350 or more than 8,600 shall be entitled to receive the commissions prescribed by Code Section 92-5301, relating to the commissions of tax receivers and tax collectors; and for other purposes.
HB 543. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties in this State, so as to change the minimum and maximum population figures in said Act; and for other purposes.
HB 544. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to be entitled an Act to amend an Act amending Code Section 21-105, relating to fees for coroners and changing the compensation of coroners in certain counties, so as to change the minimum and maximum population figures in said Act; and for other purposes.
HB 545. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to be entitled an Act to amend an Act providing that the tax commissioners of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioners, so as to change the population figures in said Act; and for other pur poses.
HB 546. By Messrs. Reaves and Bennett 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 change the number of city commissioners; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1971

849

HB 547. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Brooks County on a salary basis, so as to change the maximum amount of salary which the sheriff shall receive; and for other purposes.

HB 548. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend Code Section 84-907, relating to qualifications of applicants for a license to practice medicine, so as to provide that the terms "intern", "internship" or other similar terms shall include a clinical training program to be defined and approved by the Board of Medical Examiners in lieu of internship; and for other pur poses.

HB 549. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Newton County and a Chairman of said Board, so as to change the provisions relative to the election of the members of the Board of Commissioners of Newton County; and for other purposes.
HB 550. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge, as amended, so as to change the method of selecting the recorder; and for other purposes.
HB 551. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act providing that in all criminal trials in the courts of this State on behalf of the accused that he was mentally incompetent at the time the acts charged against him were committed, the judge shall require verdicts of acquittal, so as to provide that such person shall be confined in a State hospital for the mentally ill for not more than 1 year; and for other purposes.

HB 552. By Messrs. Alexander of the 108th and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to change the name "solicitor-general" to "District Attorney", and to remove certain provisions relating to lunacy warrants and to insert in lieu thereof the requirement that the Dis trict Attorney shall cause a hearing to be held of persons convicted of sex crimes in counties of residence; and for other purposes.

HB 553. By Messrs. Alexander of the 108th, Thompson of the 85th, McDonald of the 15th, Whitmire of the llth and Harrington of the 34th:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds that are sufficient to authorize the granting of a total di-

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JOURNAL OF THE HOUSE,

vorce, so as to amend Subsection 11, relating to incurable insanity as a ground for total divorce; and for other purposes.

HB 554. By Messrs. Hawes of the 95th and Lane of the 101st, and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Code Section 23-1705, relating to bond for public contractors, so as to increase the total amount for the contract price where such bonds shall be required; and for other pur poses.

HB 555. By Messrs. Hawes of the 95th and Lane of the 101st, and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Code Section 26-2101, relating to distributing of obscene materials, so as to provide that any person, who, with intent to do so shall be party to distributing obscene material of any description, shall be doing an act of public nuisance; and for other purposes.

HB 556. 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 ordinary of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the ordinary; to change the salary of the deputy of the ordinary; and for other purposes.

HB 557. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of com pensation, so as to change the salary of said Sheriff and the salaries of his deputies; and for other purposes.

HB 558. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of com missioners of Rockdale County, so as to change the salary and the ex pense allowance of the commissioner; and for other purposes.

HB 559. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the compensation of the clerk; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1971

851

HB 560. By Messrs. Moore of the 6th, Farrar of the 77th, Gunter of the 6th, Mauldin of the 12th, Chandler of the 34th and Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that inmate trainees shall not be prohibited from repairing or otherwise utilizing privately owned vehicles or other equipment in their training; and for other purposes.

HB 561. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Clerk of the Superior Court; and for other purposes.
HB 562. By Messrs. Smith of the 39th, Lane of the 101st, Adams of the 100th and Williams of the llth:
A Bill to be entitled an Act to provide a manufacturer's warranty as to standards of safety concerning the ability of certain automobiles to sustain shock; and for other purposes.

HB 563. By Messrs. Vaughn and Jordan of the 74th, Thomason, Farrar, Levitas and Russell of the 77th, Dean of the 76th, Noble and Bell of the 73rd and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to change the compensation of the judges of said court; and for other purposes.

HB 564. By Mr. Collins of the 62nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Camilla, so as to provide for a city manager for said city; and for other purposes.
HB 565. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act amending the charter of Pelham, so as to provide for a system of public schools, so as to provide for a new Board of Education for the public school system of the City of Pelham; and for other purposes.

HB 566. 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

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JOURNAL OF THE HOUSE,

of each county to regulate the admission and attendance of students 19 years old or older; and for other purposes.

HB 567. By Messrs. Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Gignilliat of the 89th, Gaynor of the 88th and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act incorporating, and creat ing a charter for the City of Port Wentworth, so as to change the salary provisions relating to the Mayor and councilmen; and for other purposes.

HB 568. By Messrs. Davis, Westlake, Floyd and Granade of the 75th, Vaughn and Jordan of the 74th, Collins and Geisinger of the 72nd, Dean of the 76th, Russell, Farrar, Thomason and Levitas of the 77th, Bell and Noble of the 73rd:
A Bill to be entitled an Act to provide that the governing authority of a municipality may not rezone or change the status of land which has been annexed for two years; and for other purposes.

HB 569. By Messrs. Battle of the 90th, Greer of the 94th, Stephens of the 103rd, Gaynor of the 88th and Triplett of the 93rd:
A Bill to be entitled an Act to provide for the settlement of disputes concerning wages and rates of pay and other terms and conditions of employment of employees of certain fire departments; and for other purposes.

HB 570. By Messrs. Brantley of the 114th, Lane of the 101st, Cook, Hawes, Felton and Greer of the 95th:
A Bill to be entitled an Act to reincorporate the City of Roswell in the County of Fulton; and for other purposes.

HB 571. By Messrs. Leggett of the 67th, Drury of the 66th and Harrison of the 58th:
A Bill to be entitled an Act relating to the application of fungicides, herbicides, defoliants, disiccants, plant growth regulators, nematocides, and any other pesticides by aircraft or ground equipment or manually in the State of Georgia; and for other purposes.

HB 572. By Messrs. Leggett and Isenberg of the 67th, Drury of the 66th, Bohannon of the 20th and Harrison of the 58th:
A Bill to be entitled an Act to prohibit the discharge of petroleum prod ucts or their by-products into the coastal waters and lands adjoining the seacoast of this State; to license oil terminal facilities; to create the Coastal Protection Fund; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1971

853

HB 573. By Messrs. Leggett of the 67th, Felton of the 95th, Drury of the 66th, Hudson of the 48th, Bohannon of the 20th and Harrison of the 58th:
A Bill to be entitled an Act to provide that all prohibitions, protections, immunities and disabilities provided by law for minors shall not apply to persons 18 years of age or older who are or have been on active duty with the Armed Forces of the U. S.; and for other purposes.

HB 574. 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 a new charter therefor", so as to change the corporate limits; and for other purposes.

HB 575. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputy sheriffs; and for other purposes.

HB 576. By Messrs. Lane, Nessmith and Chance 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 typist; and for other purposes.

HB 577. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act providing a salary for the Coroner of Jenkins County in lieu of fees, so as to change the salary of the Coroner; and for other purposes.

HB 578. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Jenkins County on a salary, so as to change the salary of the Sheriff and the deputy sheriff; and for other purposes.

HR 179-578. By Mr. Lane of the 44th: A Resolution compensating W. R. Mobley; and for other purposes.

HR 180-578. By Mr. Lane of the 44th:
A Resolution compensating Margie Bryant Williams; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 181-578. By Mr. Colwell of the 5th: A Resolution compensating M. C. Wicht, Sr.; and for other purposes.

HR 182-578. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st and Floyd of the 7th:
A Resolution relative to a Management Review Section in the office of the Legislative Budget Analyst; and for other purposes.

HB 579. By Messrs. Ware, Mullinax and Knight 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 con vey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.

HB 580. By Messrs. Ware, Mullinax and Knight 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 increase the maximum penalties which may be prescribed for the violation of city ordinances; and for other purposes.

HB 581. By Messrs. Dean of the 76th, Griffin of the 68th, Ezzard of the 102nd and Shepherd of the 107th:
A Bill to be entitled an Act to create the Blue Ribbon Consumer Affairs Commission; to provide for the composition, duties, authorities and func tions of said commission; and for other purposes.

HB 582. By Messrs. Hawes of the 95th and Smith of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 105-11, relating to tortious injuries to health, so as to provide that certain injections, transfusions, transplantings or transfer of human whole blood, blood plasma, blood products or blood derivatives, tissue, bones or organs shall be considered medical services; and for other purposes.

HB 584. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to authorize the City of Albany to extend its garbage, refuse and rubbish collection services in Dougherty County beyond the corporate limits of the City of Albany where authorized by contract with Dougherty County; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1971

855

HB 585. By Mr. Carter of the 64th:
A Bill to be entitled an Act to create a new board of education of Berrien County and to provide for the election thereof; and for other purposes.

HB 586. By Mr. Carter of the 64th:
A Bill to be entitled an Act to amend an Act prescribing the terms of court of the superior court in each of the 5 counties comprising of the Alapaha Judicial Circuit, so as to change the terms of court of the superior court in each of the five counties; and for other purposes:

HB 587. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to amend an Act requiring safe construc tion and installation of boilers and pressure vessels, so as to exempt certain water heaters; and for other purposes.

HB 588. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act classifying intangible property for taxation purposes, so as to change the rate of taxation on money; and for other purposes.

HB 589. By Messrs. Wamble of the 69th, Wood of the llth and Melton of the 32nd:
A Bill to be entitled an Act to provide that portion of each county's tax digest which shall be composed of intangibles shall not be a public record, is confidential and not subject to inspection by any one except authorized tax personnel; and for other purposes.

SB 22. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act providing 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.

SB 82. By Senators Lester of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to amend an Act providing a pension system for the retirement of certain employees of the City of Augusta, so as to provide for an increase of benefits for retired employees based on the U. S. Consumer Price Index; and for other purposes.

856

JOURNAL OF THE HOUSE,

SB 95. By Senator Patton of the 40th:
A Bill to be entitled an Act to amend Code Section 84-903 relating to the appointment of the Composite State Board of Medical Examiners, so as to change the manner in which the Governor shall make appointments to the Board; and for other purposes.

SB 117. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the ordinary of Walker County and providing in lieu thereof an annual salary, so as to change the compensation of the ordinary of Walker County; and for other purposes.
SB 118. 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 compensation of said tax commissioner; and for other purposes.
SB 119. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County and providing in lieu thereof an annual salary, so as to change the compensation of said clerk of the superior court; and for other pur poses.
SB 138. By Senators Bateman of the 27th and Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating a Fiscal Affairs Subcommittee of the Senate and Fiscal Affairs Subcommittee of the House of Representatives, so as to authorize the Budget Bureau to transfer certain funds under certain circumstances; and for other pur poses.
SB 141. By Senators Gillis of the 20th, Bateman of the 27th, Plunkett of the 30th, and Hamilton of the 26th: A Bill to be entitled an Act to implement Article VII, Section I, Para graph I of the Constitution of Georgia which authorized the General Assembly to provide for grants to citizens of Georgia attending col leges or universities in this State which are not branches of the Uni versity System; and for other purposes.
SB 51. By Senators Plunkett of the 30th and Webb of the llth: A Bill to be entitled an Act to amend an Act creating the State Highway Board, so as to provide that the State Highway Board and the State

WEDNESDAY, FEBRUARY 17, 1971

857

Department shall not be in certain contracts or contract of any debt unless there shall be sufficient funds appropriated to enable such Board and Department to meet such obligations; and for other purposes.

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 Bill of the House and has instructed be to report same back to the House with the following recommendations:
HB 466. Do Pass. Respectfully submitted, Floyd of the 7th, 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 considera tion the following Bills of the House and has instructed me to report same back to the House with the following recommendations.
HB 124. Do Pass. Respectfully submitted, Ware of the 30th, Chairman.

Mr. Farrar of the 77th 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 155-462. Do Pass. Respectfully submitted, Farrar of the 77th, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Lee of the 21st District, Chairman of the Committee on Industrial Rela tions, submitted the following report:

Mr. Speaker:

Your Committee on Industrial Relations has had under consideration the fol lowing Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 33. Do Pass, as Amended.
Respectfully submitted,
Lee of 21st
Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary 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 111. Do Pass, as Amended. HB 422. Do ass. HB 425. Do Pass. HB 218. Do Pass. HB 277. Do Pass.
Respectfully submitted, Snow of the 1st, 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 Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 148. Do Pass, as Amended. HB 42. Do Pass. HB 30. Do Pass, as Amended.

WEDNESDAY, FEBRUARY 17, 1971

859

HB 135. Do Pass. HB 168. Do Pass.

Respectfully submitted, Buck of the 84th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community 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 222. Do Pass, by Substitute. HB 261. Do Pass, as Amended.
Respectully submitted, Levitas of 77th, 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 Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 3. Do Not 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 Bills of the Senate, to-wit:

860

JOURNAL OF THE HOUSE,

SB 4. By Senator Coggin of the 35th:
A Bill to amend an Act establishing the State Employees' Retirement System as amended, so as to change the time of retirement of certain persons in the Uniform Division of the Department of Public Safety; to repeal conflicting laws; and for other purposes.

SB 28. By Senator Kidd of the 25th:
A Bill to authorize the State Personnel Board to provide a Casualty Insurance Program for employees of the State of Georgia; to define the terms used in this Act; to repeal conflicting laws; and for other purposes.

SB 58. By Senators Smith of the 18th, and Bateman of the 27th:
A Bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, as amended, so as to pro vide for the establishment of master retirement plans for municipali ties with fewer than 16 employees who elect and are qualified for plan participation; and for other purposes.
SB 64. By Senators Webb of the llth and Rowan of the 8th:
A Bill to amend an Act establishing the State Employees' Retirement System, as amended, so as to change the provisions relative to the ac ceptance of employment by certain retired members; and for other purposes.

SB 71. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to amend Code Title 88 known as the "Georgia Health Code", as amended, so as to revise comprehensively the laws relating to the hospitalization and release of alcoholics and drug dependent individuals; to provide certain definitions; to repeal conflicting laws; and for other purposes.

SB 80. By Senator Kidd of the 25th: A Bill to amend an Act establishing the Employees' Retirement System of Georgia as amended, so as to implement a Constitutional Amendment authorizing the increase of retirement benefits to retired persons who retired prior to April 1, 1967; and for other purposes.
SB 83. By Senator Webb of the llth: A Bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to allow service credits after age sixty-five;

WEDNESDAY, FEBRUARY 17, 1971

861

to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 84. By Senator Overby of the 49th:
A Bill to amend an Act establishing the Employees Retirement System of Georgia, as amended, so as to add a new Section to said Act, to be numbered 19, to provide optional retirement benefits for appellate court judges in lieu of any retirement allowances otherwise available under this retirement system and in lieu of the appointment to or the holding of any emeritus office; to repeal conflicting laws; and for other pur poses.

SB 92. By Senators Stephens of the 36th, Chapman of the 32nd and Kennedy of the 4th:
A Bill to authorize city and county jail officials, sentencing judges, the State Board of Corrections and 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 93. By Senators Stephens of the 36th, and Chapman of the 37th:
A Bill to authorize the Director of the Department of Corrections to authorize inmates of State penal institutions to take special leave for the purposes of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detri mental to the public; to repeal conflicting laws; and for other purposes.

SB 131. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" as amended, so as to provide it shall be unlawful for motor vehicle owners to operate vehicles which have devices which control atmospheric emissions placed on same by the manufacturer pursuant to certain regulations; to repeal conflicting laws; and for other purposes.

SB 139. By Senator Bateman of the 27th:
A Bill to amend an Act governing and regulating the use of the public roads and highways in this State, as amended, so as to provide that any vehicle which has transported loads of matter, may, after depositing said load, return to its point of origin; to repeal conflicting laws; and for other purposes.

SB 146. By Senator Tysinger of the 41st:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to delete the exemption of tractors from coverage of the requirement that motor vehicles shall be equipped with mufflers in good working order and in constant operation to pre-

862

JOURNAL OP THE HOUSE,

vent excessive noise or smoke; to repeal conflicting laws; and for other purposes.

SB 148. By Senator Kidd of the 25th:
A Bill to amend Code Section 88-502.15, relating to the giving of notice in cases involving hospitalization of the mentally ill, so as to change the provisions relating to service of notice by mail; to repeal conflicting laws; and for other purposes.

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

HB 22. By Mr. Lane of the 101st:
A Bill to amend Code Section 79-A-705, relating to labels on containers of dangerous drugs and cautionary statements stated in the prescription to appear on the label of each container of such drugs; and for other purposes.

HB 86. By Mr. Ware of the 30th:
A Bill to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to provide that, at the option of the insured, he may be provided with increased limits of coverage for protection against unin sured motorists; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 138. By Mr. Ware of the 30th:
A Bill to amend the "Insurance Premium Finance Company Act", soas to provide that when a financed insurance contract is cancelled, the insurer shall file with the agent, agency or broker placing the insur ance, a report setting forth an itemization of the earned and unearned premiums under such policy; and for other purposes.

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

HB 56. By Mr. Brown of the 81st and others:
A Bill to amend an Act providing the procedures for searches and seizures and for suppression of evidence illegally seized; and for otherpurposes.

WEDNESDAY, FEBRUARY 17, 1971

863

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

SR 33. By Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose gross income for income tax purposes together with the gross income from income tax purposes of all members of the immediate household occu pying said homestead was less than $4,000; and for other purposes.

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

HB 521. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court and the city court clerk in Sumter County, as amended, so as to change the compensation of said clerk and certain employees of said 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 525. By Messrs. Farrar, Russell, Thomason and Levitas of the 77th: A Bill to be entitled an Act to amend an Act creating the City of Avondale Estates, as amended, so as to authorize the amendment of City ordinances; and for other purposes.

The report 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.
*

864

JOURNAL OP THE HOUSE,

HB 529. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act reincorporating the City of Sparta, so as to change the maximum ad valorem tax rate; and for other purposes.

The report 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 533. By Messrs. Murphy and Dean of the 19th: A Bill to be entitled an Act to create the Haralson County Water Au thority and to authorize such Authority to acquire and maintain selfliquidating projects embracing sources of water supply and the dis tribution and sale of water and other related facilities to individuals, public and private corporations and municipal corporations; and for other purposes.
The report 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 534. 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 authorize the sheriff of Haralson County to appoint one additional deputy and jailer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0. *

WEDNESDAY, FEBRUARY 17, 1971

865

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

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

SB 53. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary, expenses and mileage of members and officials of the Gen eral Assembly, so as to change the designation of "Administration Floor Leader of the Senate" to "Majority Leader of the Senate"; and for other purposes.
Referred to the Committee on Retirement.

SB 104. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to fees of the clerks of superior courts, so as to abolish fees of the clerks of the superior courts relative to proceedings to forfeit a charter; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 110. By Senators McGill of the 24th, Kennedy of the 4th, McDuffie of the 19th and Dean of the 6th:
A Bill to be entitled an Act to amend the "Georgia Meat Inspection Act", so as to provide that it shall be unlawful for any person, partnership, firm or corporation to use the word "Georgia" in any trademark, trade name, service mark or advertisement in connection with any meat or meat food product which is not equal to or better than U. S. Grade "Good"; and for other purposes.
Referred to the Committee on Agriculture.

SB 111. By Senators Webb of the llth, Plunkett of the 30th and Dean of the 6th:
A Bill to be entitled an Act to authorize and direct any electric member ship corporation under the laws of the State to redeem capital credits and pay the proceeds thereof to the surviving spouse, or certain other ' family members, of any person who dies intestate owning capital credits in such electric membership corporation; and for other purposes.
Referred to the Committee on State of Republic.

SB 112. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 9-105, relating to appointment by the Supreme Court of five bar examiners, so as to

866

JOURNAL OF THE HOUSE,

provide for the appointment, qualifications, compensation, fees and ex penses of such examiners and the fees for taking the State Bar exam ination ; and for other purposes.
Referred to the Committee on Judiciary.

SB 156. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to be entitled an Act to amend Code Section 49-604, relating to the appointment of guardians, so as to provide that the superintendent of a Treatment Facility shall provide the supportive affidavit of a phy sician which must accompany certain petitions for guardianship; and for other purposes.
Referred to the Committee on Welfare.

SB 157. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 88-5, relating to the hospitalization of the mentally ill, so as to provide an additional pro cedure whereby a person who appears to be mentally ill and likely to injure himself or others may be taken into custody by a peace officer upon an order issued by the ordinary; and for other purposes.
Referred to the Committee on Welfare.

SB 159. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to be entitled an Act to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, so as to provide that the ordinary of the county where an allegedly mentally ill person is found may appoint a temporary guardian; and for other purposes.
Referred to the Committee on Welfare.

The following Resolutions of the House were read and adopted:

HR 187. By Mr. Smith of the 43rd:
A RESOLUTION
Wishing a speedy recovery for Honorable Young H. Longino; and for other purposes.
WHEREAS, the distinguished and able Representative from the 98th District, Honorable Young Longino, is ill in South Fulton Hos pital; and

WEDNESDAY, FEBRUARY 17, 1971

867

WHEREAS, the wisdom and counsel of this outstanding member of this body will be sorely missed by the members thereof during his ab sence; and

WHEREAS, it is the sincerest wish of each and every individual member of this body that Young Longino experience a full and speedy recovery in order that we might all again share the knowledge and ex perience of this distinguished member; and

WHEREAS, the individual and collective prayers of each member of the General Assembly are that its esteemed member, Young Longino, ex perience a full and rapid recovery.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the illness of its distinguished member, Honorable Young Longino, and does hereby wish for him a full and speedy recovery in order that he might return as soon as possible to the deliberations of the Georgia General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit a copy of this Resolution to Honorable Young H. Longino.

HR 188. By Mr. Smith of the 43rd:
A RESOLUTION
Wishing a speedy recovery for Honorable J. T. (Jake) Dailey; and for other purposes.
WHEREAS, the distinguished and able Representative from the 53rd District, Honorable Jake Dailey, is ill in Georgia Baptist Hospital; and
WHEREAS, the wisdom and counsel of this outstanding member of this body will be sorely missed by the members thereof during his absence; and
WHEREAS, it is the sincerest wish of each and every individual member of this body that Jake Dailey experience a full and speedy recovery in order that we might all again share the knowledge and ex perience of this distinguished member; and
WHEREAS, the individual and collective prayers of each member of the General Assembly are that its esteemed member, Jake Dailey, ex perience and full and rapid recovery.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the illness of its distinguished member, Honorable Jake Dailey,

868

JOURNAL OF THE HOUSE,

and does hereby wish for him a full and speedy recovery in order that he might return as soon as possible to the deliberations of the Georgia General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Honorable J. T. (Jake) Dailey.

HR 189. By Messrs. Gunter and Moore of the 6th:
A RESOLUTION
Recognizing and commending Mrs. Catherine Ellison Logan; and for other purposes.
WHEREAS, the areas of social studies and government are of para mount importance in the educational curricula of the schools of this State; and
WHEREAS, Mrs. Catherine Ellison Logan of Habersham County, Georgia, is a classroom teacher in the public schools of Georgia who has devoted 36 years to teaching in the areas of social studies and govern ment; and
WHEREAS, Mrs. Logan's dedication, patience, and outstanding ability in her chosen field has developed in thousands of Georgia stu dents a keen interest in and a better understanding of the workings of our democratic form of government; and
WHEREAS, for many years Mrs. Logan has brought her govern ment class to the State Caiptol to observe firsthand the General As sembly in session, and is present with her class here this morning; and
WHEREAS, such talent as this lady possesses and demonstrates is deserving of more than causal notice.
NOW, THEREFORE, BE IT RESOLVED that the members of this the 131st Session of the Georgia House of Representatives be recorded as recognizing and commending Mrs. Catherine Ellison Logan and by these presents express to her their approval and appreciation for her service in the cause of better education to the youth of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Catherine Ellison Logan.

WEDNESDAY, FEBRUARY 17, 1971

86ft

HR 190. By Messrs. Russell of the 14th, Davis of the 75th, Atherton of the 117th, Drury of the 66th, Salem of the 51st and many others:

A RESOLUTION

Expressing the opinion of the Georgia House of Representatives on the manner and timing of the withdrawal of the armed forces of the United States from Vietnam; and for other purposes.

WHEREAS, the war in Vietnam has affected every county, city, and citizen of Georgia, to some degree; and

WHEREAS, Georgia has had almost 1,500 of her citizens killed and many thousands wounded, and at least 67 families in Georgia have loved ones who are prisoners or missing as a result of the war in Vietnam; and

WHEREAS, the United States is beginning the second decade of the longest war in its history; and

WHEREAS, the war in Vietnam has been exceeded only by the two world wars and the Civil War in terms of human sacrifice; and

WHEREAS, it is the publicly announced policy of the United States not to seek a military victory in Vietnam, to cease the bombing, and to withdraw its armed forces, apparently without any reciprocal concession on the part of North Vietnam; and

WHEREAS, Georgians are still being killed, wounded and captured, and there appears to be no progress being made in the peace negotia tions now taking place in Paris; and

WHEREAS, the Georgia House of Representatives feels that it has the right, if not the duty, to express an opinion on such a vital matter affecting the people of this State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby recommends that the President of the United States attempt to obtain, through negotiations, a cease-fire and exchange of prisoners of war and, if necessary, set a date certain for the withdrawal of American ground troops from Vietnam in order to bring this about; and

WHEREAS, the Georgia House of Representatives recognizes that the President might have already attempted this, but, because of clas sified information available only to him, might have decided that such action is inadvisable or impossible to accomplish.

NOW, THEREFORE, BE IT FURTHER RESOLVED that if such a situation does exist, this body hereby requests that the President ex plain, insofar as it does not affect national security, why this cannot be accomplished.

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BE IT FURTHER RESOLVED that this Resolution is in no way to be taken to support the government of North Vietnam or to reflect on military actions by members of the armed forces of the United States who are now serving, or who have served, in Vietnam.

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 the president of the United States and to each member of the United States Senate and House of Repre sentatives from the State of Georgia.

HR 194. By Mr. Alexander of the 96th:
A RESOLUTION
Commending the Boy Scouts of America; and for other purposes.
WHEREAS, the sixty-first anniversary of the founding of the Boy Scouts of America occurred on February 8, 1971; and
WHEREAS, while the event passed by without a large amount of acclaim and fanfare, it is only fitting that some of the accomplishments of this magnificent organization be stated:
More than 44 million boys and men have benefited from the educa tional programs of the Boy Scouts of America since its beginning in 1910;
The Boy Scout movement has proven itself a great force for the youth of the United States by encouraging the abilities of boys to do things for themselves and for others, by training them in Scoutcraft and by teaching them patriotism, courage, self-reliance and kindred virtues;
The Boy Scouts of America is a part of a world brotherhood which numbers more than 10 million.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby commends the Boy Scouts of America.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Mr. Spurgeon Gaskin, Regional Execu tive, Boy Scouts of America, 2515 Peachtree Center Building, Atlanta, Georgia 30803, and to Mr. Alden G. Barber, Chief Scout Executive, Boy Scouts of America, North Brunswick, New Jersey.

HR 195. By Mr. Smith of the 43rd:
A RESOLUTION
Expressing regret at the passing of Honorable George B. Hamilton; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1971

871

WHEREAS, after a long and distinguished career in public service, Honorable George B. Hamilton, State Treasurer Emeritus, passed away on February 16, 1971; and

WHEREAS, George B. Hamilton served as the Treasurer of the State of Georgia from 1933 through 1961, at which time he was ap pointed as State Treasurer Emeritus; and

WHEREAS, during his lifetime, George B. Hamilton acquired the reputation as one of Georgia's most outstanding and dedicated public servants, contributing immeasurable value to the civic and governmental affairs of his community and State; and

WHEREAS, the counsel, advice and friendship of this valued public servant will be sorely missed because of his untimely death.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest regrets at the passing of Honorable George B. Hamilton, State Treasurer Emeritus, and does hereby extend to the members of his family and many friends its heartfelt and deepest sympathy and condolences.

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 Honorable George B. Hamilton.

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

HB 487. By Messrs. Davis of the 75th, Russell of the 70th, Northcutt of the 21st, Lane of the 44th and many others:
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 pur poses.

HB 488. By Messrs. Davis of the 75th, Russell of the 70th, Northcutt of the 21st, Lane of the 44th and many others:
A Bill to be entitled an Act to regulate health and dance studio services, sales, practices and business and financing methods; and for other purposes.

Mr. Savage of the 104th asked unanimous consent that the following Bill of the House be withdrawn from further consideration:

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HB 143. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act providing for members of Police Departments in cities having a population of 150,000 or more, so as to provide that there shall be changed from 10 to 5 years the period of active service required of an employee before compensation would become payable by virtue of the death of such employee other than in line of duty; and for other purposes.

The consent was granted and HB 143 was withdrawn from further con sideration.

Mr. Savage of the 104th asked unanimous consent that the following Bill of the House be withdrawn from further consideration:

HB 144. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend the Act providing that cities having a population of more than 150,000 shall furnish pensions to offi cers and employees of such cities, so as to provide that there shall be changed from 10 to 5 years the period of active service required of an employee before compensation would become payable by virtue of the death of such employee, other than in line of duty; and for other purposes.

The consent was granted and HB 144 was withdrawn from further considera tion.

Mr. Savage of the 104th asked unanimous consent that the following Bill of the House be withdrawn from further consideration:

HB 145. By Mr. Savage of the 104th:
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 provide for the payment of a pension to the widow of any member or pensioner whose death should occur not in ( line of duty but after such member had completed 5 years of active service or employment prior to his death; and for other purposes.

The consent was granted and HB 145 was withdrawn from further con sideration.

WEDNESDAY, FEBRUARY 17, 1971

873

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

HB 106. By Messrs. Matthews and Patten of the 63rd, Russell of the 70th and many others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Meat Inspection Act", so as to repeal the provision of Section 14(a) which prohibits the custom slaughterer from buying and selling meat capable of use as human food; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Agriculture moves to amend HB 106, page 3, line 26, by deleting the word "predparation" and inserting in lieu thereof the word "preparation".

Mr. Matthews of the 63rd moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.

Buck Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

Dixon Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Greer Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays

874
Hill, B. L. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell

JOURNAL OP THE HOUSE,

McCracken McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Reaves Roach Ross Rush Russell, A. B.

Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Chance Collier Conger D alley Dorminy Ployd, J. H. Gary Granade Griffin

Hadaway Hill, G. Hood Howell Jessup Jones, J. R. Jordan Lambert Longino Merritt

Phillips, W. R. Pinkston Potts Rainey Scarborough Sims Snow Vaughn Mr. Speaker

On the motion to agree, the ayes were 166, nays 0.

The motion prevailed and the Senate amendment to HB 106 was agreed to.

WEDNESDAY, FEBRUARY 17, 1971

875

Mrs. Merritt of the 46th stated that she had been called from the floor of the House when the roll was called on the motion to agree to the Senate amend ment to HB 106, and wished to be recorded as voting "aye".

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

HB 151. By Messrs. Murphy of the 19th and Coney of the 118th: A Bill to be entitled an Act to add one additional judge of the superior courts of the Tallapoosa Judicial Circuit of Georgia; and for other purposes.
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, G. D. Adams, John Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Can-
Carter Chance Chandler Chappell

Cheeks Clements Cole Collins, M. Collins, S.
Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor

Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell
Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan

876
Keyton King . Knight Knowlea Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. B. Mauldin Maxwell McCracken McDonald Melton Miles

JOURNAL OF THE HOUSE,

Milford Miller Moore Morgan Moyer Mulherin Mullinax
Murphy Nessmith Noble
Northcutt Nunn Patterson Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, H. P. Russell, W. B.

Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Toles Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Black Blackshear Bohannon Brantley, H. H. Collier Colwell Dailey Dean, J. E. Dorminy Egan

Ezzard Grahl Hadaway Hill, B. L. Hood Jones, J. R. Longino McDaniel Merritt Odom Oxford Pearce

Pickard Rainey Russell, A. B. Smith, J. R. Sweat Thompson Townsend Wamble Ware Wilson Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 0.

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

Mrs. Merritt of the 46th stated that she had been called from the floor of the House when the roll was called on HB 151, and wished to be recorded as voting "aye".

WEDNESDAY, FEBRUARY 17, 1971

877

Mr. Burruss of the 117th stated that he had inadvertently voted "aye" on the passage of HB 151, and wished to be recorded as voting "nay".

HB 369. By Messrs. Battle of the 90th, Dorminy of the 48th, Edwards of the 45th, Hadaway of the 27th, Poole of the 10th, Phillips of the 50th, Gignilliat of the 89th, Phillips of the 38th, Jones of the 87th and Adams of the 39th:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to authorize the Board to institute proceedings of mandamus to enforce the provisions of this Act; and for other purposes.

The following amendments were read and adopted:
Mr. Coney of the 118th moves to amend HB 369 by striking the words "ordinary civil actions" on line 23, page 2 and inserting in lieu thereof the words "any civil action".
Mr. Levitas of the 77th moves to amend HB 369 by striking on page 2 the last sentence in Section 2, quoted Section 22A.

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, G. D. Adams, John
Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Black B'ackshear Bohannon Bond Bostick Bowen

Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chappell Cheeks Clements Cole Collins, S. Coney, G. D. Coney, J. L.

Conger Connell
Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar

878
Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lane, Dick

JOURNAL OF THE HOUSE,

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Murphy Nesmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L.

Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative were Messrs. Carr and Pickard.

Those not voting were Messrs.:

Adams, Marvin Berry Buck Chandler Collier Collins, M. Colwell Dailey Ezzard Hadaway

Harrington Housley Howell Johnson Jones, J. R. Lambert Longino Mauldin Milford Mullinax

Phillips, G. S Pinks ton Smith, H. R. Snow Thomason Townsend Vaughan Mr. Speaker

WEDNESDAY, FEBRUARY 17, 1971

879

On the passage of the Bill, as amended, the ayes were 165, nays 2.

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

HB 376. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 106th:
A Bill to be entitled an Act to provide for the necessary consents for the treatment of minors for venereal disease; and for other purposes.

The report 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 2.

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

HB 371. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to provide for the necessary consents for the treatment of minors for drug abuse; and for other purposes.

The report 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 4.

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

HB 381. By Messrs. Kreeger, Howard, Housley, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to add one additional judge of the Superior Court of Cobb Judicial Circuit; and for other purposes.

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

880

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear
Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier, J. M. Collins, M. Collins, S. Coney, G. D. Coney, J. L. Cook Daugherty Davis, E. T. Davis, W. Dean, N. Dorminy Drury Edwards Evans

Ezzard Felton Floyd, L. E. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway
Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard
Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King
Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey

Marcus Matthews, C. Matthews, D. E. Mauldin Maxwell McCracken McDaniell McDonald Melton Milford Miller Moore Morgan Moyer
Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S.
Phillips, L. L. Phillips, W. E. Pinkston Poole Potts Rainey Roach Ross Eush Eussell, A. B. Salem Savage Shanahan Shepherd Sims Smith, J. E. Snow Sorrells Strickland Thompson Toles Townsend Triplett

WEDNESDAY, FEBRUARY 17, 1971

881

Tripp Turner
Vaughn Wamble

Ware Westlake Wheeler, Bobby Wheeler, J. A.

Whitmire Williams Wood

Those not voting were Messrs.:

Alexander, W. M. Colwell Conger Connell Dailey Dean, Gib Dean J. E. Dent Dixon Egan Farrar Floyd, J. H. Griffin

Hood Jones, J. R. Lambert Levitas Lewis Longino Mason Merritt Miles Mulherin Odom Pickard Reaves

Russell, H. P. Russell, W. B. Scarborough Sherman Smith, H. R. Smith, V. T. Stephens Sweat Thomason Wilson Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 0.

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

HB 255. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to prohibit any corporation which is a pri vate foundation from engaging in any act of self-dealing, retaining any excess business holdings, making any investments which would jeop ardize the carrying out of any of the exempt purposes of the corpora tion, or making any taxable expenditures; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the articles of incorporation of every corporation which is a private foundation so as to prohibit such corpora tion from engaging in any act of self-dealing, retaining any excess busi ness holdings, making any investments which would jeopardize the carrying out of any of the exemption purposes of the corporation, or making any taxable expenditures and to require such corporation to make certain distributions; to provide that the articles of incorporation of every such corporation shall be deemed to be amended automatically to include such provisions notwithstanding anything in the articles of incorporation to the contrary; to provide a method whereby such corpo-

882

JOURNAL OF THE HOUSE,

ration may elect to have this Act not apply; to provide that the rights and powers of the courts and the Attorney General of the State of Georgia will not be impaired; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Notwithstanding any provision therein to the contrary, and except as provided in Section 2, the articles of incorporation of any corporation which is a "private foundation" (as defined in Section 509 of the Internal Revenue Code of 1954) shall be amended automatically as of the effective date of this Act to provide that the corporation shall:

(a) not engaged in any act of "self-dealing" (as defined in Section 4941 (d) of the Internal Revenue Code of 1954), which would give rise to any liability for the tax imposed by Section 4941 of the Internal Revenue Code of 1954;

(b) not retain any "excess business holdings" (as defined in Section 4943(c) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by Section 4943 of the Internal Revenue Code of 1954;

(c) not make any investments which would jeopardize the carrying out of any of the exempt purposes of the corporation, within the meaning of Section 4944 of the Internal Revenue Code of 1954, so as to give rise to any liability for the tax imposed by Section 4944 of the Internal Revenue Code of 1954;

(d) not make any "taxable expenditures" (as defined in Section 4945(d) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by Section 4495 of the Internal Revenue Code of 1954; and

(e) distribute for the purpose specified in its articles of in corporation for each taxable year amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the In ternal Revenue Code of 1954.

Section 2. Any corporation which is a "private foundation" (as defined in Section 509 of the Internal Revenue Code of 1954) may amend its articles of incorporation expressly to exclude the application of Section 1, or any portion thereof, in the manner provided by Chapter 22-9 of the Business Corporation Code or Chapter 22-28 of the Nonprofit Corporation Code, whichever is applicable.

Section 3. Nothing contained in this Act shall cause, or be con strued to cause, a forfeiture or reversion of any of the property of a trust which is subject to this Act, or to make the purposes of such trust impossible of accomplishment.

WEDNESDAY, FEBRUARY 17, 1971

883

Section 4. Nothing in this Act shall impair the rights and powers of the Courts or the Attorney General of the State of Georgia with respect to any corporation.

Section 5. 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, subseetons, sentences, clauses or phrases of this Act which shall remain in 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 6. This Act shall become effective on January 1, 1972.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 102, nays 0.

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

HB 256. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to prohibit engaging in any act of selfdealing, retaining any excess business holdings, making any investments which would jeopardize the carrying out of any of the exempt purposes of a trust, or making any taxable expenditures in the administration of any trust which is a foundation, charitable trust or split interest trust; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the governing instrument of every trust which is a private foundation, a charitable trust or a split-interest trust so as to prohibit the trustees of every such trust from engaging in any act of self-dealing, retaining any excess business holdings, making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, or making any taxable expenditures

884

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and to require the trustee of every trust which is a private foundation or a charitable trust to make certain distributions; to provide that the governing instrument of every such trust shall be deemed to be amended automatically to include such provisions notwithstanding anything in the governing instrument to the contrary; to provide for a method whereby the trustees of a trust may elect to have this Act not apply; to provide that the rights and powers of the Courts and the Attorney Gen eral of the State of Georgia will not be impaired; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Notwithstanding any provision therein to the contrary, and except as provided in Section 3, the governing instrument of any trust which is a "private foundation" (as defined in Section 509 of the Internal Revenue Code of 1954), a "charitable trust" (as defined in Section 4947(a) (1) of the Internal Revenue Code of 1954) or a "splitinterest trust" (as defined in Section 4947(a) (2) of the Internal Revenue Code of 1954) shall be amended automatically as of the effec tive date of this Act to include provisions which prohibit the trustees of such trust from:

(a) engaging in any act of "self-dealing" (as defined in Sec tion 4941 (d) of the Internal Revenue Code of 1954), which would give rise to any liability for the tax imposed by Section 4941 of the Internal Revenue Code of 1954;

(b) retaining any "excess business holdings" (as defined in Section 4943(c) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by Section 4943 of the Internal Revenue Code of 1954;

(c) making any investments which would jeopardize the carry ing out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the Internal Revenue Code of 1954, so as to give rise to any liability for the tax imposed by Section 4944 of the Internal Revenue Code of 1954; and

(d) making any "taxable expenditures" (as defined in Section 4945 (d) of the internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by Section 4945 of the Internal Revenue Code of 1954;

provided, however, that the above provisions shall, in the case of a splitinterest trust (as defined in Section 4947 (a) (2) of the Internal Revenue Code of 1954), apply only to the extent required by the pro visions of Section 4947 of the Internal Revenue Code of 1954.

Section 2. Notwithstanding any provision therein to the contrary, and except as provided in Section 3, the governing instrument of any trust which is a "private foundation" (as defined in Section 509 of the

WEDNESDAY, FEBRUARY 17, 1971

885

Internal Revenue Code of 1954) or which is a "charitable trust" (as defined in Section 4947(a) (1 ) of the Internal Revenue Code of 1954) shall be amended automatically as of the effective date of this Act to include a provision which requires the trustees to distribute, for the purposes specified in the governing instrument, for each taxable year, amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the Internal Revenue Code of 1954.

Section 3. The trustees of any trust which is a "private founda tion" (as defined in Section 509 of the Internal Revenue Code of 1954), a "charitable trust" (as defined in Section 4947(a) (1) of the Internal Revenue Code of 1954) or a "split-interest trust" (as defined in Section 4947(a) (2) of the Internal Revenue Code of 1954) may, without judicial proceedings, amend the governing instrument of such trust expressly to exclude the application of either Section 1 or Section 2, or both, by executing a written amendment to such trust and filing a duplicate original of such amendment with the Attorney General of the State of Georgia, whereupon such Section or Sections, as the case may be, shall not apply to such trust.

Section 4. Nothing contained in this Act shall cause, or be con strued to cause, a forfeiture or reversion of any of the property of a trust which is subject to this Act, or to make the purposes of such trust impossible of accomplishment.

Section 5. Nothing in this Act shall impair the rights and powers of the Courts or the Attorney General of the State of Georgia with respect to any trust.
Section 6. 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 remain in 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.
Section 7. This Act shall become effective on January 1, 1972.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Dent
Dixon
Drury
Edwards
Evans
Felton
Floyd, L. R.
Fraser
Gary

Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S.
Leggett
Le vitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell

McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan
Shepherd
Sherman
Sims
Smith, H. R.
Smith, J. R.
Snow
Sorrells
Stephens
Strickland
Sweat
Thomason
Thompson
Toles
Triplett

WEDNESDAY, FEBRUARY 17, 1971

887

Tripp Turner Vaughn Wamble

Ware Westlake Wheeler, Bobby Wheeler, J. A.

Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Bennett, Tom Blackshear Bond Bowen Brown, B. D. Collier Colwell Dailey Dean, J. E.

Dorminy Egan Ezzard Farrar Floyd, J. H. Hood Horton Hudson, C. M. Jones, J. R. Jordan

Lambert Larsen, G. K. Longino Phillips, G. S. Reaves Russell, A. B. Scarborough Smith, V. T. Townsend Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 536. By Mr. Levitas of the 77th: A Bill to be entitled an Act to amend an Act known as the "Fiduciary Investment Company Act", so as to permit and allow certain qualified foreign trust institutions to invest in fiduciary investment companies; and for other purposes.
The report 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 423. By Messrs. Nunn of the 41st and Pinkston of the 81st: A Bill to be entitled an Act to amend Code Section 27-2101, relating to separate trials of persons jointly indicted, competency of defendants separately tried to testify, and order of trial in case of severancy, so as to provide that when two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be tried separately, unless the State shall waive the death penalty; and for other purposes.

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JOURNAL OF THE HOUSE,

Mr. Hill of the 94th moved that HB 423 be placed on the table.

The motion was lost.

Mr. Murphy of the 19th moved that HB 423 be postponed until tomorrow morning immediately after the period of unanimous consents.

The motion prevailed and HB 423 was postponed until tomorrow morning immediately after the period of unanimous consents.

Mr. Edwards of the 45th 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.

THURSDAY, FEBRUARY 18, 1971

889

Representative Hall, Atlanta, Georgia Thursday, February 18, 1971

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. Bobby Davis, Pastor, Calvary United Methodist Church, Swainsboro, Georgia:
Eternal God, Father of our spirits, whose power is unsearchable and whose judgments are a great deep; at the beginning1 of the day we would quiet our hearts in Thy presence. We would be still and know that Thou art God. As amid the earthquake, storm, wind and fire of this violent world we wait for Thy small voice; give us sensitive hearts to listen, teachable minds to learn, humble wills to obey. Let some revelation of Thy light fall on our darkness, some guidance from Thy wisdom save us from our bewilderment. May Thou be our strength in every need.
In a difficult and desperate era, be Thou our pillar of cloud by day and of fire by night, as we patiently follow Your light. We pray for the unity of Christian principles for each member of this great House. For give us, we beseech Thee, when we fall short of the mark of our high calling. We have lived in this world and have forgotten that it is Thine, we have received Thy gifts and have ignored the Giver. Help us to re member that he who saves his life shall lose it, while those who sur render it in service and sacrifice find life abundant. Grant us faith adequate for this day. We pray in the name of Christ our Lord. AMEN.

The roll was called and the following Representatives answered to their

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Can-
Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M.

Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton

890
Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gei singer
Gignilliat Grahl Granade Grantham Greer Griffin
Gunter Hadaway Ham Harrington Harris Harrison
Hawes Hays Hill, B. L. Hill, G. Hood Horton
Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup
Johnson
Jones, Herb
Jordan
Keyton
King
Knight
Knowles
Kreeger
Lambert
Lane, Dick

JOURNAL OF THE HOUSE,

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett
Levitas Lewis Logan Lowrey Marcus Mason
Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell
McDonald Melton Merritt Miles Milford Miller
Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith
Noble
Northcutt
Nunn
Odom
Oxford
Patterson
Patten
Pearce
Peters
Phillips, G. S.
Phillips, L. L.

Phillips, W. R. Pickard Pinkston Poole Potts Rainey
Reaves Roach Ross Rush Russell, A. B. Russell, H. P.
Russell, W. B. Salem Savage Scarborough Shanahan Shepherd
Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow
Sorrells Strickland Sweat Thomason Thompson Toles Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wood

Mr. Melton of the 32nd requested the Journal show that the Committee on Ways and Means was in session at the time of convening the House and the members thereof were unable to vote "present".

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.

THURSDAY, FEBRUARY 18, 1971

891

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 upon 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 649. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation and cancella tion of drivers' licenses, so as to provide for showing blood types on drivers' licenses under certain circumstances; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 650. By Messrs. Cole and Turner of the 3rd, Harris of the 10th, Williams of the llth, Murphy of the 19th, Milford of the 12th, Odom of the 61st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating the State Highway Board, so as to provide that members of the Highway Board shall con tinue to serve for the terms of office for which they were elected; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 651. By Messrs. Snow, Clements, and Hays of the 1st, Morgan of the 23rd, Levitas and Russell of the 77th, King of the 86th, Pearce and Buck of the 84th:
A Bill to be entitled an Act to provide that obligations issued by the United States Postal Service, may be purchased as investments by

892

JOURNAL OF THE HOUSE,

banks, insurance companies, executors, administrators and other in dividuals, firms, partnerships and corporations managing and admin istering investments in a fiduciary capacity; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 652. By Messrs. Pearce and Buck of the 84th, Berry and Thompson of the 85th, Davis of the 86th and Snow of the 1st:
A Bill to be entitled an Act to repeal Code Section 46-805, relating to the assent of the government official garnished being necessary to judgment in certain garnishment proceedings; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 653. By Mr. Smith of the 80th:
A Bill to be entitled an Act to amend Code Section 114-305, relating to the time of filing workmen's compensation claims, so as to change the time for an employee to file his claim with the State Board of Work men's Compensation; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 654. By Mr. Smith of the 80th:
A Bill to be entitled an Act to amend Code Section 114-501, relating to medical and other treatment, artificial members and the affect of a re fusal to accept medical treatment, so as to eliminate the present limita tion on medical and other treatment provided for employees; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 655. By Messrs. Roach and Poole of the 10th:
A Bill to be entitled an Act to amend an Act reineorporating the town (now city) of Canton, so as to provide that the recorder's court shall have the authority to set fines up to $300 while sitting to try cases; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 656. By Messrs. Roach and Poole of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Cherokee County, so as to change the provisions relat ing to the compensation of the clerk serving the office of the com missioner of Cherokee County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, FEBRUARY 18, 1971

893

HB 657. By Messrs. Roach and Poole of the 10th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the provisions relating to the compensation of the deputies and clerical assistants of said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 658. By Messrs. McDaniell of the 117th and Cole of the 3rd:
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 therefrom the sale of motor fuel; and for other purposes.
Referred to the Committee on Ways and Means.

HR 191-658. By Mr. Chandler of the 34th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for a program of awards to State employees who make meritorious suggestions that will promote efficiency and economy in State oGvernment; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 192-658. By Mr. Chandler of the 34th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 193-658. By Mr. Chandler of the 34th: A Resolution compensating John H. Rawlings; and for other purposes.
Referred to the Committee on Appropriations.

HB 659. By Messrs. Bennett and Brown of the 81st, Miller of the 83rd, Coney of the 82nd and Snow of the 1st:
A Bill to be entitled an Act to amend Code Title 76, relating to peace warrants and behavior bonds, so as to provide that any person against whom a peace warrant issues, shall be brought before the court which issued the warrant, or be released on bond by the sheriff; and for other purposes.
Referred to the Committee on Judiciary.

894

JOURNAL OP THE HOUSE,

HB 660. By Messrs. Stephens of the 103rd and Noble of the 73rd:
A Bill to be entitled an Act to provide for a tax on the sale of certain patent medicine; and for other purposes.
Referred to the Committee on Ways and Means.

HB 661. By Messrs. Rainey of the 47th and Dorminy of the 48th:
A Bill to be entitled an Act to provide for the creation of a Georgia System of Scenic Trains; and for other purposes.
Referred to the Committee on Natural Resources.

HB 662. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to provide a new charter for the City of Waynesboro; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 663. 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 shall contain the words "Peach State"; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 664. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Morgan, so as to change the method of nominating and electing candidates for the office of Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 665. By Messrs. Bennett, Evans and Brown of the 81st, Thomason and Russell of the 77th, Miller of the 83rd, Coney of the 82nd, Snow of the 1st, Ross of the 26th, and others:
A Bill to be entitled an Act to amend "The Lender Credit Card Act," so as to change the maximum finance charge; and for other purposes.
Referred to the Committee on Banks and Banking.

THURSDAY, FEBRUARY 18, 1971

895

HR 196-665. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Horton of the 95th, Davis of the 75th, Brown of the 110th, Thomason of the 77th, Vaughn of the 74th and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the sale of liquors on election days; and for other purposes.
Referred to the Committee on Temperance.

HB 666. By Messrs. Ware of the 30th, Floyd of the 7th, Dean of the 19th, Collins of the 72nd, Gignilliat of the 89th, Hays of the 1st, Russell of the 70th, Lane of the 101st, and Berry of the 85th:
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 with respect to the purchase or use of cigars or cigarettes when used for patients at the Georgia War Veterans' Home and the Georgia War Nursing Home; 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 590. By Mr. Felton of the 95th: A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, so as to change the time when per sons convicted of crimes shall enter the custody of the Board of Correc tions; and for other purposes.
HB 591. By Mr. Felton of the 95th: A Bill to be entitled an Act to amend Code Chapter 70-2, relating to grounds for new trials, so as to provide that neither the cross-exami nation of a witness on the same subject matter nor the introduction of evidence on the same subject matter shall constitute a waiver of any objection made to the admissibility of evidence on direct examination; and for other purposes.
HB 592. By Mr. Peters of the 2nd: A Bill to be entitled an Act to amend an Act placing the sheriff of Catoosa County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputies of the sheriff; and for other purposes.

896

JOURNAL OF THE HOUSE,

HB 593. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Valley, so as to provide minimum and maximum, salaries for the mayor and council; and for other purposes.

HB 594. By Messrs. Hill of the 94th, Brown of the 110th, Thompson of the 85th, Dent of the 79th, Blackshear of the 91st and Hood of the 99th and others:
A Bill to be entitled an Act to amend the Georgia Public Assistance Act of 1965, so as to authorize and direct the Department of Family and Children Services to pay a net minimum amount each month to persons eligible for Aid to Families with Dependent Children; and for other purposes.

HB 595. By Mr. Conger of the 68th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to allow the holding of liquor referenda within municipalities; and for other purposes.

HB 596. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the clerk of thesuperior court of Harris County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.

HB 597. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Harris County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 598. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to authorize the establishment of a life in surance program for certain employees of the State, certain subdivisions thereof, members of the General Assembly, and certain annuitants; and for other purposes.

HB 599. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 27-18, relating to nolle prosequi, so as to provide for the direction of verdicts of ac quittal in criminal cases; and for other purposes.

THURSDAY, FEBRUARY 18, 1971

897

HB 600. By Mr. MeCracken of the 36th:
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 counter-signature of a resident agent need appear on any contract of insurance issued under an assigned risk plan; and for other purposes.

HB 601. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Harris County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.

HB 602. By Mr. Lowrey of the 9th:
A Bill to be entitled an Act to amend Code Chapter 89-1, relating to eligibility and qualifications for holding public office, so as to provide that members of county and municipal governing authorities shall not be eligible to hold office as members of the General Assembly; and for other purposes.

HB 603. By Messrs. Wood, Whitmire and Williams of the llth:
A Bill to be entitled an Act to amend an Act amending the charter for the City of Gainesville, so as to change the compensation of the com missioners and the compensation of the commissioner serving as mayor; and for other purposes.

HB 604. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, so as to amend said amendatory Act to provide that the City of Toccoa shall have the right, power and authority to construct, repair, maintain, install, distribute, sell and furnish water, water facilities, sewage service, and sewer facilities to customers, persons, firms and corporations located outside the corporate limits of Toccoa; and for other purposes.

HB 605. By Messrs. Moore and Gunter of the 6th: '.
A Bill to be entitled an Act to amend an Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen and providing for a commission manager form of government for said City; and for other purposes.

HB 606. By Mr. Savage of the 104th:
A Bill to be entitled an Act to provide for the liability of housing mer chants for personal injuries to, or death of, certain purchasers or certain

898

JOURNAL OF THE HOUSE,

users of dwellings; to provide for the liability of housing merchants for breach of warranty in the sale of dwellings; and for other purposes.

HB 607. By Mr. Lee of the 61st:
A Bill to be entitled an Act known as the "Georgia Peace Officer Standards and Training Act", so as to clarify the provisions relating to the membership of the Georgia Peace Officer Standards and Training Council; and for other purposes.

HB 608. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th, Miles, Cheeks and Mulherin of the 78th:
A Bill to be entitled an Act to amend an Act creating an associate judge of the state court of certain counties, so as to change the population figures contained therein and the census; and for other purposes.

HB 609. By Mr. Ross of the 26th: A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of Taliaferro County to obtain a surety bond; and for other purposes.
HB 610. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend Code Section 84-207, relating to the qualifications of applicants for certification as certified public ac countants, so as to authorize the substitution of experience as an in ternal revenue agent with the Internal Revenue Service in lieu of prac tical experience; and for other purposes.
HB 611. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Chattooga County, so as to change the compensation of the Commissioner; and for other purposes.
HB 612. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Chattooga County on a salary basis, so as to change the compensation of said Clerk; and for other purposes.
HB 613. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Chattooga County on a salary basis, so as to change the compensation of the Ordinary; and for other purposes.

THURSDAY, FEBRUARY 18, 1971

899

HB 614. 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 Sheriff; and for other purposes.

HB 615. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the State Court of Chattooga, so as to change the compensation of the Judge and So licitor of said Court; and for other purposes.

HB 616. 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 in the County of Chattooga and granting a new charter therefor, so as to change the day for holding city elections; and for other purposes.

HB 617. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 618. By Mr. Vaughn of the 74th: A Bill to be ntitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for the issuance of special permits for the movement of modular homes, sectional houses and portable buildings over the highways of the State; and for other purposes.
HB 619. By Mr. Lewis of the 37th: A Bill to be entitled an Act to amend an Act providing supplemental compensation for the ordinary of Burke County, so as to change the sup plemental compensation of the ordinary of Burke County; and for other purposes.
HB 620. By Messrs. Noble and Bell of the 73rd, Westlake, Davis, Granade and Floyd of the 75th, Lane of the 101st, Adams of the 100th: A Bill to be entitled an Act to provide that County School Systems, Inde pendent School Systems and Area School Systems shall be prohibited from including in any proposed or adopted school budget funds which represent any increase in the millage rate that requires the approval of

900

JOURNAL OF THE HOUSE,

the voters of such school system and which have not been approved by the voters of such school system as required by law; and for other purposes.

HB 621. By Mr. Salem of the 51st:
A Bill to be entitled an Act to authorize the levy and collection of a gross receipts tax; and for other purposes.

HB 622. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to reincorporate the City of Harlem in the County of Columbia; to create a new charter for said city; and for other purposes.

HB 623. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Webster County, so as to increase the salary of the clerk of the commissioner of Webster County; and for other purposes.

HR 183-623. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th, Mulherin, Miles and Cheeks of the 78th:
A Resolution authorizing the conveyance of a certain tract of Stateowner property; and for other purposes.

HR 184-623. By Mr. Knowles of the 22nd:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes; and for other purposes.

HB 624. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan in Coweta County, so as to abolish the Water, Sew erage and Light Commission; and for other purposes.

HB 625. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Coweta County, so as to change the provisions relating to compen sation for secretarial help in the office of the solicitor; and for other purposes.

THURSDAY, FEBRUARY 18, 1971

901

HB 626. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the provisions relating to the compensation for clerical help in the office of ordinary; and for other purposes.

HB 627. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Apartment Ownership Act", so as to make the Act applicable to property which an owner or lessee submits to the provisions of the Act; and for other purposes.

HB 628. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to provide for the reimbursement of certain State employees for the reasonable expenses incurred in moving their household goods to the locality in which they are to be employed; and for other purposes.

HB 629. By Messrs. Lee, ISforthcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act creating and establishing a Planning Commission and Board of Zoning' Appeals for Clayton Coun ty, so as to provide that the Planning Department shall notify the Clayton County Board of Education of any rezoning application; and for other purposes.

HB 630. By Messrs. Alexander of the 96th, Alexander of the 108th, Felton, Cook and Greer of the 95th, Mrs. Hamilton of the 112th, Messrs. Longino of the 98th, Stephens of the 103rd and Marcus of the 105th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to change the compulsory school attendance age in certain school systems of this State; and for other purposes.

HB 631. By Mr. Buck of the 84th:
A Bill to be entitled an Act to authorize counties in this State to estab lish and maintain a law library for the use of the judges, solicitors, or dinaries and other officers of the courts of said counties; and for other purposes.

HB 632. By Mr. Farrar of the 77th:
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 if the

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JOURNAL OP THE HOUSE,

General Assembly takes action resulting in a transfer of funds from the Minimum Foundation Program of Education, such transfer shall be considered as lapsed funds for the purpose of calculating adjust ments; and for other purposes.

HB 633. By Messrs. Jones of the 87th, Alien of the 92nd, Blackshear of the 91st, Triplett of the 93rd, Battle of the 90th, Miles of the 78th and Wamble of the 69th:
A Bill to be entitled an Act to require municipal and county governing authorities and local agencies to charge for essential governmental services in a nondiscriminatory manner; and for other purposes.

HB 634. By Messrs. Floyd of the 7th and Farrar of the 77th:
A Bill to be entitled an Act to Amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.

HR 185-634. By Messrs. Harris, Poole and Roach of the 10th:
A Resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of Cartersville who are 62 years old or who are totally disabled and who have an income 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 635. By Messrs. Grahl of the 40th, Nunn and Moyer of the 41st:
A Bill to be entitled an Act to create and establish an Airport Authority for the counties of Houston and Peach and the cities of Perry and Fort Valley, and to authorize such Authority to acquire and maintain facili ties appertaining to such undertaking; and for other purposes.

HB 636. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Johnson County into the office of the tax com missioner of Johnson County; and for other purposes.

HB 637. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Collector of Johnson County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.

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903

HB 638. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to abolish the present mode of compensatingthe Tax Receiver of Johnson County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.

HB 639. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act establishing the State Court of Johnson County, so as to change the compensation of the judge and the solicitor of said court; and for other purposes.

HB 640. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Johnson County on a salary basis, in lieu of the fee system of com pensation, so as to change the compensation of the ordinary; and for other purposes.

HB 641. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to place the Ordinary of Laurens County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 642. By Messrs. Chappell and Larsen 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 sheriff; and for other purposes.
HB 643. By Messrs. Chappell and Larsen of the 42nd: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of Superior Court of Johnson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 644. By Messrs. Chappell and Larsen of the 42nd: A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Johnson County, so as to change the compensation of the chairman and each of the other members of said board; and for other purposes.

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HB 645. By Messrs. Davis of the 86th, Miller of the 83rd, Whitmire of the llth and Wood of the llth:
A Bill to be entitled an Act to provide that the opportunity to cover and report in the style of that medium high school sporting events shall not be denied to any mass communications medium, nor fees or charges be levied for allowing a mass communication medium to cover and re port such events; and for other purposes.

HB 646. By Messrs. Geisinger and Collins of the 72nd, Westlake and Granade of the 75th, Noble and Bell of the 73rd, Thomason of the 77th, Russell of the 77th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act incorporating the City of Doraville, so as to provide for the filling of vacancies; and for other purposes.

HR 186-646. By Mr. Hudson of the 28th: A Resolution compensating Mr. W. W. Walker; and for other purposes.

HB 647. By Messrs. Russell of the 14th, Townsend of the 115th, Mrs. Hamilton of the 112th and Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Chapter 26-12, relating to abortions, so as to define criminal abortion; to define the word "physician"; and for other purposes.

HB 648. By Messrs. Harrison of the 58th, Morgan of the 23rd, and Hutchinson of the 61st:
A Bill to be entitled an Act to amend Code Section 67-2001, relating to the creation of mechanics and materialmen's liens, so as to provide that there shall be no materialmen's, laborers', or other liens created or de clared against certain single family dwellings under certain conditions; and for other purposes.

SB 53. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary, expenses and mileage of members and officials of the Gen eral Assembly, so as to change the designation of "Administration Floor Leader of the Senate" to "Majority Leader of the Senate"; and for other purposes.
SB 104. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to fees of the clerks of superior courts, so as to abolish fees of the clerks

THURSDAY, FEBRUARY 18, 1971

905

of the superior courts relative to proceedings to forfeit a charter; and for other purposes.

SB 110. By Senators McGill of the 24th, Kennedy of the 4th, McDuffie of the 19th and Dean of the 6th:
A Bill to be entitled an Act to amend the "Georgia Meat Inspection Act", so as to provide that it shall be unlawful for any person, partnership, firm or corporation to use the word "Georgia" in any trademark, trade name, service mark or advertisement in connection with any meat or meat food product which is not equal to or better than U. S. Grade "good"; and for other purposes.

SB 111. By Senators Webb of the llth, Plunkett of the 30th and Dean of the 6th:
A Bill to be entitled an Act to authorize and direct any electric mem bership corporation under the laws of the State to redeem capital credits and pay the proceeds thereof to the surviving spouse, or certain other family members, of any person who dies intestate owning capital credits in such electric membership corporation; and for other purposes.
SB 112. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 9-105, relating to appointment by the Supreme Court of five bar examiners, so as to provide for the appointment, qualifications, compensation, fees and expenses of such examiners and the fees for taking the State Bar ex amination ; and for other purposes.
SB 156. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to be entitled an Act to amend Code Section 49-604, relating to the appointment of guardians, so as to provide that the superintendent of a Treatment Facility shall provide the supportive affidavit of a phy sician which must accompany certain petitions for guardianship; and for other purposes.
SB 157. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 88-5, relating to the hospitalization of the mentally ill, so as to provide an additional pro cedure whereby a person who appears to be mentally ill and likely to injure himself or others may be taken into custody by a peace officer upon an order issued by the ordinary; and for other purposes.
SB 159. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to be entitled an Act to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, so as to provide that

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the ordinary of the county where an allegedly mentally ill person is found may appoint a temporary guardian; and for other purposes.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 91. Do Pass, by Substitute. Respectfully submitted, Floyd of the 7th, 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 following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 421. Do Pass, by Substitute. HB 110. Do Pass, by Substitute. HB 404. Do Not Pass. HB 397. Do Pass, as Amended. SB 2. Do Pass, by Substitute. HB 273. Do Pass, as Amended. HB 484. Do Pass.
Respectfully submitted, Pickard of 84th, Chairman.
Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following

THURSDAY, FEBRUARY 18, 1971

907

Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 121. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on 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 177-530. Do Pass.

HB 515. Do Pass.

HB 440. Do Pass.

HB

66. Do Pass, as Amended.

HB 424. Do Pass, as Amended.

HR 144-425. Do Pass, as Amended.

HB 166. Do Pass, as Amended.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Smith of the 35th District, Chairman of the Committee on Motor Ve hicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles 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 76. Do Pass. HB 221. Do Pass. HB 398. Do Pass, as Amended. HB 399. Do Pass, by Substitute.

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JOURNAL OF THE HOUSE,

HB 509. Do Pass. HB 470. Do Pass.

Respectfully submitted, Smith of the 39th, 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 fol lowing recommendations:
HR 90-233. Do Pass. Respectfully submitted, Dorminy of the 48th, Chairman.

Mr. Roach of the 10th 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 House with the following recommendations:
HB 345. Do Pass, as Amended. HB 631. Do Pass. HB 463. Do Pass. HB 35. Do Pass, as Amended.
Respectfully submitted, Roach of the 10th, Chairman.

Mr. Chandler of the 34th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration

THURSDAY, FEBRUARY 18, 1971

909

the following Bill and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HB 540. Do Pass. HR 158-462. Do Pass. HR 174-526. Do Pass. HR 135-385. 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, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 180. By Mr. Wamble of the 69th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court and Ordinary of Grady County, known as the fee sys tem ; and for other purposes.

The Senate has adopted, as amended, by the requisite constitutional ma jority the following Resolution of the House, to-wit:

HR 133-360. By Messrs. Smith, Cole and Turner of the 3rd, Smith of the 43rd, Gary, Lee and Northcutt of the 21st and others:
A Resolution relative to grants to municipalities; 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 78. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the cor porate limits for the City of LaGrange; and for other purposes.

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JOURNAL OF THE HOUSE,

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

HB 204. By Mr. Phillips of the 50th:
A Bill to amend an Act creating the office of tax commissioner of Montgomery County so as to change the compensation of the tax commissioner; and for other purposes.

HB 205. By Mr. Phillips of the 50th:
A Bill to amend an Act placing the Sheriff of Montgomery County upon an annual salary, so as to change the compensation of the deputy sheriff; and for other purposes.

HB 215. By Mr. Oxford of the 46th:
A Bill to amend an Act providing for the terms of the Superior Court of Sumter County, so as to provide for two additional terms of said Superior Court; and for other purposes.

HB 206. By Mr. Phillips of the 50th:
A Bill to provide that the Board of Education of Treutlen County may be appointed by the Grand Jury of Treutlen County in accordance with Code Section 39-903, relating to qualifications of members of county boards of education, irrespective of militia districts; and for other purposes.

HB 235. By Messrs. Buck, Pearce and Pickard of the 84th, King and Davis of the 86th and others:
A Bill to provide an annual salary for the coroner of certain counties in lieu of all fees or other emoluments; and for other purposes.

HB 236. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th and others:
A Bill to amend an Act establishing the salary of the sheriff of Muscogee County, so as to change the salary of said sheriff; and for other purposes.

HB 237. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th and others:
A Bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex-officio justice of the peace

THURSDAY, FEBRUARY 18, 1971

911

and establishing in lieu thereof a municipal court in and for the City of Columbus, so as to change the compensation of the judge, clerk and marshall of said court; and for other purposes.

HB 238. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th:
A Bill to amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.

HB 239. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th: A Bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judge, solicitor and assistant solicitor of said Court; and for other purposes.
HB 240. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th: A Bill to amend an Act abolishing the office of tax receiver and tax collector of Muscogee County and creating the office of tax commis sioner of said county, so as to change the compensation of said tax com missioner; and for other purposes.
HB 241. By Messrs. Buck, Pearce and Pickard of the 84th, Davis and King of the 86th, Berry and Thompson of the 85th: A Bill to amend an Act establishing the salary of the Ordinary of Mus cogee County so as to change the salary of said Ordinary; and for other purposes.
HB 269. By Mr. Knowles of the 22nd: A Bill to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and tax commissioner of Henry County on an annual salary, so as to provide that any uncollected fees to which the tax com missioner was entitled shall be paid to said office; and for other pur poses.
HB 314. By Mr. Wamble of the 69th: A Bill to amend an Act creating a new board of education for Grady County, so as to provide that Grady County School Superintendent shall be appointed by the board of education of Grady County; and for other purposes.

912

JOURNAL OP THE HOUSE,

SB 121. By Senator London of the 50th:
A Bill to amend an Act placing the Sheriff of Pickens County on an an nual salary in lieu of the fee system, as amended, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.

SB 122. By Senator London of the 50th:
A Bill to amend an Act placing the Ordinary of Pickens County on an annual salary in lieu of the fee system of compensation; so as to change the compensation of the ordinary; and for other purposes.

SB 123. By Senator London of the 50th:
A Bill to provide for the terms of office of members of the Board of Pickens County Hospital authority; to repeal conflicting laws; and for other purposes.

SB 143. By Senators Ward of the 39th, Coverdell of the 56th, Garrard of the 37th and others:
A Bill to provide that the governing authority in any county . . . having a population of more than 500,000 . . . shall appoint a Director of Registrations and Elections who shall have the duties and functions of Chief Registrar; and for other purposes.

SB 145. By Senators Ward of the 39th, Coverdell of the 56th, Garrard of the 37th and others:
A Bill to amend an Act providing for a Board of Elections in each county of 500,000; to create the position of Director of Registrations and Elections; and for other purposes.

SB 142. By Senators Henderson of the 33rd, and Chapman of the 32nd:
A Bill to amend an Act establishing juvenile courts, as amended, so as to require judges of the juvenile courts to release the name and pic ture, if available, of any child under the jurisdiction of the court as delinquent child for the second or subsequent time; to repeal conflict ing laws; and for other purposes.

SB 150. By Senator London of the 50th:
A Bill to amend an Act creating the Commissioner of Pickens County, as amended, so as to change the compensation of the Commissioner; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 18, 1971

913

SB 165. By Senator Kennedy of the 4th:
A Bill to amend an Act granting a new charter to the City of Claxton, in the county of Evans, so as to create in lieu of the mayor's court a recorder's court; and for other purposes.

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

SR 47. By Senators Reynolds of the 48th, Fincher of the 51st, Overby of the 49th and others:
A Resolution creating the Richard Brevard Russell Monument Com mission ; and for other purposes.

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 168. By Messrs. Miles, Mulherin and Cheeks of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act authorizing the solicitors of certain city courts to become members of the retirement systems of certain counties, so as to change population figures contained therein and the 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 4. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to change the time of retirement of certain persons in the Uniform Division of the Department of Public Safety; and for other purposes.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE,

SB 28. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize the State Personnel Board to provide an Automobile Insurance Program for employees of the State of Georgia; and for other purposes.
Referred to the Committee on Insurance.

SR 33. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose gross income for income tax purposes together with the gross income for income tax purposes of all members of the immediate house hold occupying said homestead was less than $4,000; and for other purposes.
Referred to the Committee on Ways and Means.
SB 58. By Senators Smith of the 18th and Bateman of the 27th:
A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, so as to provide for the establishment of master retirement plans for mu nicipalities with fewer than 16 employees who elect and are qualified for plan participation; and for other purposes.
Referred to the Committee on Retirement.
SB 64. By Senators Webb of the llth and Rowan of the 8th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to the acceptance of employment by certain retired members; and for other purposes.
Referred to the Committee on Retirement.
SB 71. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of alcoholics and drug dependent in dividuals; and for other purposes.
Referred to the Committee on Health and Ecology.
SB 80. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to implement a Constitutional

THURSDAY, FEBRUARY 18, 1971

915

Amendment authorizing the increase of retirement benefits to retired persons who retired prior to April 1, 1967; and for other purposes.
Referred to the Committee on Retirement.

SB 83. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to allow service credits after age sixty-five; and for other purposes.
Referred to the Committee on Retirement.

SB 84. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to provide optional retirement benefits for appellate court judges; and for other purposes.
Referred to the Committee on Retirement.

SB 92. By Senators Stephens of the 36th, Chapman of the 32nd and Kennedy of the 4th:
A Bill to be entitled an Act to authorize city and county jail officials, sentencing judges, the State Board of Corrections, and 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 & Property.

SB 93. By Senator Stephens of the 36th:
A Bill to be entitled an Act to authorize the Director of the Depart ment of Corrections to authorize inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the in mate and not detrimental to the public; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 131. By Senators Holloway of the 12th and Gillis of the 20th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide it shall be un lawful for motor vehicle owners to operate vehicles which have devices which control atmospheric emissions placed on same by the manufac turer pursuant to certain regulations; and for other purposes.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE,

SB 139. By Senator Bateman of the 27th:
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 any vehicle which has transported loads of matter, may, after de positing said load, return to its point of origin; and for other purposes.
Referred to the Committee on Highways.

SB 146. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to delete the exemption of tractors from coverage of the requirement that motor vehicles shall be equipped with mufflers in goo dworking order and in constant opera tion to prevent excessive noise or smoke; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 148. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 88-502.15, relating to the giving of notice in cases involving hospitalization of the mentally ill, so as to change the provisions relating to service of notice by mail; and for other purposes.
Referred to the Committee on Welfare.

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

HB 78. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LeGrange in the County of Troup, so as to extend and in crease the corporate limits for the City of LaGrange; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended, by an Act approved March 10, 1969 (Ga. Laws 1969, p. 2182) and an Act approved March 10, 1970 (Ga. Laws 1970, p. 2337), so as to extend and increase the corporate limits of the City of LaGrange; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 18, 1971

917

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. A Act creating a new charter for the City of LaGrange in the County of Troup approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended, by an Act approved March 10, 1969 (Ga. Laws 1969, p. 2182) and an Act approved March 10, 1970 (Ga. Laws 1970, p. 2337), is hereby amended by adding subparagraphs (7) and (8), at the end of subparagraph (6) of paragraph (a), as follows:

"(7) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property:

BEGINNING at a point, said point being at the intersection of
the arc of a circle forming the present city limits, said circle having a radius of two miles, and the eastern boundary of the right of way of State Route No. 219; running thence in a Southern direction and along the Eastern boundary of State Route No. 219 to a point, said point being at the intersection of the Eastern boundary of State Route No. 219 and the center line of Blue John Creek; running thence in a Southwesterly direction along the meandering of Blue John Creek for a distance of 5100 feet, more or less, to a point said point being at the intersection of the center line of Blue John Creek and the Western boundary of a tract of land now owned by the Troup County Board of Education, and formerly the Carter land; running thence in a Northern direction and along the Western boundary of the property belonging to the Troup County Board of Education, Wikit, and Compton to a point, said point being at the intersection
of the afore-described property line and the arc of a circle forming the present city limits; running thence in a Southeasternly direc tion and along an arc of a circle forming the present city limits, to the point of beginning.

The above described property contains 147.62 acres and lies in Land Lots 172, 173, 174 and 147 of the Sixth Land District of Troup County, Georgia.

(8) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property:

BEGINNING at a point, said point being on the present city limits and at the intersection of the Eastern boundary of the right of way of U. S. Highway No. 27 and the center line of Blue John Creek; running thence in a Southwesternly direction and along the meandering of Blue John Creek and the present city limits of the
City of LaGrange to a point, said point being at the intersection of the center line of Blue John Creek and the Easternly boundary of Land Lot 172 of the Sixth Land District; running thence in a Southernly direction and along the Eastern boundary of Land Lot 172 and the present city limits to a point, said point being the

918

JOURNAL OF THE HOUSE,

Southeastern corner of Land Lot 172; running thence S 0 44' East and along the Eastern boundary of Land Lot 181 for a distance of 572.5 feet to a point; running thence N 88 41' E. for a distance of 1,219.3 feet to a point, said point being in the Western boundary of a 30 foot drive reserved for access to the Evans property; run ning thence North 22 14' E and along the Western boundary of said drive for a distance of 166.7 feet to a point, said point being at the intersection of the Western boundary of said 30 foot drive and the Western boundary of U. S. Highway No. 27; running thence in a Northwesternly direction and along the Western boundary of U. S. Highway No. 27 for a distance of 80.9 feet to a point; running thence North 88 41' E and across the right of way of U. S. High way No. 27 to a point, said point being in the Eastern boundary of U.S. Highway No. 27, thence in a Northwesternly direction and along the Eastern boundary of U. S. Highway No. 27 to the point of beginning.

The above described land contains 37.73 acres and lies in Land Lots 171 and 182 of the Sixth Land District of Troup County, Geor gia. Reference to bearing and distances are from a plat entitled 'The Subdivision of the Property of Butler A. Evans' prepared by Clarence J. White, dated November 20, 1952 and recorded in Plat Book 2, pages 335-336 of the records of Troup County, Georgia, and include in the above described property Tract No. 1 and No. 2 of said Subdivision."

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

Mr. Mullinax of the 30th moved that the House agree to the Senate substitute.

On the motion, the ayes were 110, nays 0.

The motion prevailed and the Senate substitute to HB 78 was agreed to.

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

HB 466. By Messrs. Floyd of the 7th, Busbee of the 61st, Harris of the 10th, Williams of the llth and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee, so as to provide duties for the Legislative Fiscal Officer; to provide duties for the Legislative Budget Analyst; and for other purposes.

THURSDAY, FEBRUARY 18, 1971

919

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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostock Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W.

Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grantham Griffin Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Keyton Knight Knowles Kreeger Lambert Lane, W. J. Larsen, G. K.

Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Logan Lowrey Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Pearce Peters Phillips, G. S. Phillips, W. R. Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shanahan Shepherd

920
Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Strickland

JOURNAL OF THE HOUSE,

Thomason Thompson Toles Triplett Tripp Turner Wamble

Ware Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, G. D. Alien Blackshear Cook Dailey Dixon Egan Evans Grahl Granade Greer Gunter Hamilton Hill, B. L.

Hood Howell Jones, Herb Jordan King Lane, Dick Lee, W. S. Lewis Longino Marcus Matthews, D. R. Moore Morgan Odom

Patten Phillips, L. L. Pickard Pinkston Rainey Salem Savage Smith, J. R. Stephens Sweat Townsend Vaughn Wheeler, J. A. Mr. Speaker

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

The Bill, having received the requisite constitutional majority, was passed.
HB 25. 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, by lawful authority; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 25 as follows:
By deleting Section 2 and by inserting following Section 1 the fol lowing paragraphs:

THURSDAY, FEBRUARY 18, 1971

921

Section 2. Nothing contained within this Act shall apply to nor shall it be construed to apply to any proceedings in which any fed eral court or United States Commissioner shall be involved. The pro visions of this Act shall apply only to those instances wherein the person required to post a bail bond shall be bound over to a court or grand jury of the same county wherein the committing court exercised its jurisdiction. Nothing contained herein shall be con strued so as to require an additional bail bond in the event the court to which such person has been committed shall require a lesser bail bond than that originally posted.

Section 3. The provisions of this Act do not apply to those in stances wherein a person shall be bound over to two or more courts or grand juries.

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, 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C.
Brown, S. P.
Burruss

Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.
Dent
Dixon
Dorminy

Drury Edwards Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Griffin Ham Hamilton Harris Harrison Hawes Hays
Hill, B. L.
Hill, G.
Horton

922
Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill)
Leggett
Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.

JOURNAL OF THE HOUSE,

Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn
Patterson
Pearce
Peters
Phillips, W. R.
Pinkston
Poole
Potts
Rainey
Reaves

Roach Ross Rush Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Sorrells Strickland Sweat Thomason Thompson
Toles
Triplett
Tripp
Turner
Wamble
Ware
Westlake
Wheeler, Bobby
Wilson

Those voting in the negative were Messrs.:

Whitmire

Williams

Wood

Those not voting were Messrs.:

Alien Atherton Buck Chandler Colwell Cook Dailey Egan Evans Granade Greer Gunter Hadaway

Harrington Hood Howell Jones, Herb Jordan Keyton Lee, W. S. Longino McCracken Miles Moore Odom Oxford

Patten Phillips, G. S. Phillips, L. L. Pickard Russell, A. B. Russell, H. P. Smith, J. R. Snow Stephens Townsend Vaughn Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes v/ere 153, nays 3.

THURSDAY, FEBRUARY 18, 1971

923

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

Mr. Dorminy of the 48th stated that he had inadvertently voted "aye" but intended to vote "nay" on HB 25, as amended.

HB 33. By Mr. Scarborough of the 81st: A Bill to be entitled an Act to prohibit unjust discrimination in em ployment because of age; and for other purposes.
The following Committee amendment was read and adopted:

The Committee on Industrial Relations moves to amend HB 33 as follows:
By adding at the end of Line 20, Page 1, the following:
"When the retirement or insurance benefit program of any employer shall prohibit the employment of any person because of excessive age, such person shall have the authority, as a condition of employment, to waive the right to participate in any such pro gram and receive any benefits therefrom."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black

Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss

Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Coney, G. D Coney, J. L. Conger

924
Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Pelton Ployd, J. H. Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup

JOURNAL OF THE HOUSE,

Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom

Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Whitmire Wilson Wood

Those voting in the negative were Messrs.:

Carr Coiling, S.

Fraser

Williams

Thoso not voting were Messrs.:

Battle Colwell

Cook Dailey

Egan Farrar

THURSDAY, FEBRUARY 18, 1971

925

Ployd, L. R. Greer Gunter Howard Longino Matthews, D. R.

McDaniell Moore Oxford Patten Pickard Rush

Shepherd Smith, J. R. Snow Townsend Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 4.

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

HB 370. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for licensing ambulance ser vices; and for other purposes.

Mr. Coney of the 118th moved that HB 370 be placed on the table.

The motion prevailed and HB 370 was placed on the table.

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

HB 180. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and Ordinary of Grady County, known as the fee system; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 180 as follows:
By deleting from Line 27 on Page 2 the word "present".
By adding in Line 28 on Page 2 after the word "desired" the following:
"as hereinafter provided".

926

JOURNAL OF THE HOUSE,

Mr. Wamble of the 69th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 115, nays 0.

The motion prevailed and the Senate amendment to HB 180 was agreed to..

The Speaker announced the House recessed until 1:15 P.M. AFTERNOON SESSION

The Speaker called the House to order.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 423. By Messrs. Nunn of the 41st and Pinkston of the 81st:
A Bill to be entitled an Act to amend Code Section 27-2101, relatingto separate trials of persons jointly indicted, competency of defendants separately tried to testify, and order of trial in case of severancy, sc* as to provide that when two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be tried separately, unless the State shall waive the death penalty; and for other purposes.

An amendment, offered by Mr. Dean of the 13th, was read and lost.

The following amendment was read:

Mr. Sorrells of the 24th moves to amend HB 423 by adding a new section to be Section 27-2101 (a) to read as follows:

"Provided however, that if the State grants immunity to one of several joint defendants, the other defendants shall have the right of severance."

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, W. H. Bennett, Tom Berry Bond Brantley, H. L.

Bray Brown, B. D. Brown, C. Carr Chappell

Cheeks Clements Daugherty Dent Dorminy

THURSDAY, FEBRUARY 18, 1971

927

Ham Hamilton Harrington Hays Howard Hutchinson Johnson Knight Lambert Larsen, W. W. Levitas Logan Lowrey Matthews, C.

Maxwell McCracken Melton Miles Miller
Morgan Mulherin Mullinax
Murphy Nessmith Pearce Phillips, W. R. Pickard

Poole Potts Rainey Roach Ross Scarborough Sorrells
Sweat Thomason Thompson Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Barfield Bennett, J. T. Black Bohannon
Brown, S. P. Buck Busbee Carter Chance Chandler Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Dean, Gib Dean, N. Drury Egan Evans Farrar Pelton Fraser Gary Gaynor Geisinger

Gignilliat Grahl Granade Grantham Gunter Hadaway Harris Hill, G. Housley Howell Hudson, Ted Isenberg Jessup Jordan Keyton King Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Marcus Mason Matthews, D. R. McDonald Merritt Milford
Moore Moyer

Northcutt Nunn Odom Patterson Patten Phillips, L. L. Pinkston
Reaves Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims
Smith, H. R. Smith, V. T. Snow Strickland Toles Townsend
Tripp Turner Westlake Wheeler, Bobby Wheeler, J. A. Whitmire

928

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Alien Atherton Battle Bell Blackshear Bostick Bowen Brantley, H. H. Burruss Collier Colwell Conger Dailey Davis, W.
Dean, J. E.

Dixon Edwards Ezzard Floyd, J. H. Floyd, L. R. Greer Griffin Harrison Hawes Hill, B. L. Hood Horton Hudson, C. M. Jones, Herb Jones, J. R.

Lewis Longino Mauldin McDaniell Noble Oxford Peters Phillips, G. S. Smith, J. R. Stephens Triplett Vaughn Wamble Ware Mr. Speaker

On the adoption of the amendment, the ayes were 55, nays 94.

The amendment was lost.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Barfield Bell Bennett, J. T. Bohannon Bray
Brown, S. P. Busbee Carter Chance Chandler Chappell Collins, M. Collins, S. Coney, G. D.

Coney, J. L.

Connell

Cook

Davis, W.

Dean, Gib

Dean, N.

Dixon

Drury

Egan

Evans

Farrar

Felton

Fraser



Gary

Gaynor

Geisinger

Gignilliat

Grahl Granade Grantham Greer Gunter Hadaway Hawes Hill, G.
Housley Howard Howell Hudson, Ted Isenberg Jessup Jordan Keyton King

THURSDAY, FEBRUARY 18, 1971

929

Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Marcus Mason Matthews, D. R. Mauldin McDonald Milford Moore Moyer Mullinax

Nessmith Northcutt Nunn Odom Patterson Patten Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem

Savage Shanahan Sims Smith, J. R. Smith, V. T. Snow Strickland
Sweat Toles Townsend
Tripp Vaughn Westlake Wheeler, Bobby Whitmire Williams
Wood

Those voting in the negative were Messrs.

Alexander, W. H. Atherton Bennett, Tom Berry Black Blackshear Bond Bostick Brantley, H. L. Brown, B. D. Brown, C. Buck
Burruss Carr Cheeks Clements Cole Daugherty Davis, E. T. Dent

Dorminy Ham Hamilton Harrington Harris Hays Horton Hutchinson Johnson Lambert Le vitas Logan Lowrey Matthews, C. Maxwell McCracken Melton Miles Miller Morgan

Mulherin Murphy Pearce Phillips, G. S. Poole Rainey Ross Scarborough Shepherd Sherman Smith, H. R. Sorrells Stephens Thomason Thompson Turner Wamble Wheeler, J. A. Wilson

Those not voting were Messrs.:

Alexander, W. M. Alien Battle Bowen Brantley, H. H. Collier Colwell

Conger Dailey Dean, J. E. Edwards Ezzard Floyd, J. H. Floyd, L. R.

Griffin
Harrison Hill, B. L. Hood Hudson, C. M. Jones, Herb Jones, J. R.

930
Lewis Longino McDaniell

JOURNAL OP THE HOUSE,

Merritt Noble Oxford

Triplett Ware Mr. Speaker

On the passage of the Bill, the ayes were 106, nays 69.

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

Mr. Nunn of the 41st moved that HB 423 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, G. D. Adams, John Adams, Marvin Atherton Barfield Bell Bennett, J. T. Berry Black Bohannon Bray Buck Busbee Carr Carter Chance Chandler Chappell
Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell
Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Drury Egan

Evans Farrar Felton Fraser Gary
Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Harrington Harris Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, Ted Isenberg Jessup Jordan Keyton King Knight Knowles Kreeger Lambert

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald Melton Milford Miller Moore Moyer Mullinax Nessmith Northeutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole

THURSDAY, FEBRUARY 18, 1971

931

Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem

Savage Shanahan Sims Smith, V. T. Snow Stephens Strickland Sweat
Toles

Townsend Tripp Turner Vaughn Westlake Wheeler, Bobby Whitmire Williams Wood

Those voting in the negative were Messrs.

Alexander, W. H. Bennett, Tom Blackshear Brantley, H. L. Brown, C. Cheeks Clements Daugherty Dent Ham

Hutchinson Johnson Levitas Maxwell Miles Morgan Mulherin Murphy Phillips, W. R.

Ross Scarborough Sherman Smith, H. R. Sorrells Thomason Thompson Wamble Wilson

Those not voting were Messrs.:

Alexander, W. M. Alien Battle Bond Bostick Bowen Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Collier Colwell Dailey Dean, J. E.

Dorminy Edwards Ezzard Floyd, J. H. Floyd, L. R. Griffin Hamilton Harrison Hill, B. L. Hood Hudson, C. M. Jones, Herb Jones, J. R. Lewis

Longino Matthews, C. McCracken Merritt Noble Oxford Pickard Shepherd Smith, J. R. Triplett Ware Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 126, nays 28.

The motion prevailed and HB 423 was ordered immediately transmitted to the Senate.

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

932

JOURNAL OF THE HOUSE,

HB 148. By Messrs. Adams of the 100th, Smith of the 43rd, Levitas and Thomason of the 77th, Buck of the 84th, Lane of the 101st, Snow of the 1st and many others:
A Bill to be entitled an Act to amend an Act establishing a merit sys tem of personnel administration for State employees, so as to provide a procedure whereby employees of the Legislative Branch of Govern ment may be granted Merit System status in the same manner as employees of the Executive Branch of Government; and for other purposes.

The following amendment was read and adopted:
The Committee on Retirement moves to amend House Bill No. 148 as follows:
By adding to line 15 on page 2 of Section I the following sentence: "As relates to employees in the office of fiscal officer, the fiscal officer shall act."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton
Battle Bell Bennett, Tom Berry Blackshcar Bohar.non Bond Bostick Bowen Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Burruss

Busbee Carr Carter Chance Chandler Chappell
Cheeks Clements Cole Collins, S. Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W.
Dean, Gib Dean, N. Dent Dixon

Dorminy Drury Edwards Evans Farrar Felton
Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin
Hadaway Ham Hamilton Harrington

THURSDAY, FEBRUARY 18, 1971

933

Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell
Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey

Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves

Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Toles Townsend Triplett Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wood

Voting in the negative was Mr. Black.

Those not voting were Messrs.:

Alien Barfield Bennett, J. T. Brantley, H. H. Brown, S. P. Collier Collins, M. Colwell Cook Dailey Dean, J. E. Egan Ezzard

Floyd, L. R. Gunter Harrison Hood Hudson, C. M. Jones, J. R. Jordan Longino Merritt Miller Moore Noble Oxford

Pickard Pinkston Russell, A. B. Smith, J. R. Thomason Thompson Vaughn Wamble Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 157, nays 1.

934

JOURNAL OF THE HOUSE,

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

Mr. Black of the 45th stated that he had inadvertently voted "nay" on the passage of HB 148, as amended, and wished to be recorded as voting "aye".

HB 254. By Mr. Mason of the 13th:
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 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, G. D. Adams, John Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bennett, J. T. Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Can-
Carter Chance Chandler Chappell

Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Drury Edwards Evans Farrar Felton Floyd, J. H. Fraser . Gary Gaynor Geisinger

Gignilliat Grahl Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton

THURSDAY, FEBRUARY 18, 1971

935

King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Melton Merritt Miles Milford

Miller Moore
Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach
Ross Rush Russell, H. P.

Russell, W. B. Salem
Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, 3. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Wamble Westlake Wheeler, Bobby Whitmire Williams Wilson
Wood

Those not voting were Messrs.:

Adams, Marvin Alien Barfield Berry Blackshear Buck Collier Colwell Cook Dailey Dean, N.

Egan Ezzard Floyd, L, R. Granade Harrison Hood Hudson, C. M. Jones, J. R. Longino Maxwell McCracken

Mullinax Murphy Pearce Russell, A. B. Snow Thompson Townsend Vaughn Ware Wheeler, J. A. Mr. Speaker

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

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

Mr. Adams of the 39th stated that he had been called from the floor of the House when the roll was called on the passage of HB 254 and that he wished to be recorded as voting "aye".

936

JOURNAL OF THE HOUSE,

The Speaker Pro Tern assumed the Chair.

Mr. Smith of the 3rd moved that the following Bill of the House be taken from the table:

HB 370. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for licensing ambulance serv ices; and for other purposes.

The motion was lost.

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 86. By Senator Adams of the 5th:
A Bill to amend Title 114 of the Code relating to Workmen's Compensa tion as amended, so as to further define "injury" to include injury result ing from breathing toxic gases in any form; to further define "occupa tional disease" so as to include a diseased condition caused by breathing toxic gases in any form; to repeal conflicting laws; and for other pur poses.
SB 96. By Senator Broun of the 46th:
A Bill to amend an Act known as the Retail Installment and Home Solicitation Sales Act, as amended, so as to provide that the buyer shall have the right to cancel a home solicitation sale agreement until mid night of the third business day following the day on which the buyer signs the agreement; to repeal conflicting laws; and for other purposes.

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

THURSDAY, FEBRUARY 18, 1971

937

HB 476. By Messrs. Phillips of the 50th and Battle of the 90th:
A Bill to be entitled an Act to provide that it shall be unlawful to engage in certain activities in relation to the use of fires and ignited objects; and for other purposes.

The following amendments were read and adopted:
Mr. Egan of the 116th moves to amend HB 476 by adding at the end of line 11 the words "and without the permission of the owner."
Mr. Nessmith of the 44th moves to amend HB 476 by adding after the word "own" in line 11 the words "or leased".

An amendment, offered by Mr. Battle of the 90th, was read and lost.

The following amendment was read:
Mr. Cheeks of the 78th moves to amend HB 476 by adding to Section 1-B, line 18 after the word "taken" the following words:
"however, having a person to attend the fire will be necessary precautions".

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, W. H. Black Bray Carr Cheeks Coiling, S. Connell Dent Dixon Drury Egan Ezzard Gary Gaynor Geisinger

Ham Harrington Hawes Johnson Keyton King Lee, W. J. (Bill) Lowrey Mauldin McCracken McDonald Miles Milford Mulherin Mullinax

Murphy Northcutt Phillips, G. S. Potts Smith, H. R. Strickland Sweat Toles Townsend Triplett Ware Westlake Wheeler, Bobby

938

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, Marvin Alexander, W. M. Atherton Barfield Battle
Bennett, Tom Blackshear Bohannon Bostick Bowen Brantley, H. L. Brown, 0. Burruss Busbee Carter Chance Clements Cole Coney, J. L. Conger Cook Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dorminy Farrar Felton Floyd, J. H. Fraser

Gignilliat Grahl Grantham Griffin Hamilton Harris Hays Hill, G.
Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Leggett Marcus Matthews, C. Matthews, D. R. McDaniell Melton

Miller Moore Morgan Moyer Nessmith Noble Nunn Odom Patterson Patten Peters Poole Rainey Roach Rush Russell, W. B. Salem Savage Shanahan Shepherd Sims Smith, V. T. Sorrells Stephens
Tripp Turner Wheeler, J. A. Whitmire Williams

Those not voting were Messrs.:

Adams, G. D. Adams, John Alien Bell Bennett, J. T. Berry Bond Brantley, H. H. Brown, B. D. Brown, S. P. Buck Chandler Chappell
Collier
Collins, M.
Colwell
Coney, G. D.
Dailey

Daugherty Edwards Evans Floyd, L. R. Granade Greer Gunter Hadaway Harrison Hill, B. L. Hood Hudson, C. M. Knight
Knowles
Lambert
Lee, W. S.
Levitas
Lewis

Logan Longino Mason Maxwell Merritt Oxford Pearce Phillips, L. L. Phillips, W. R. Pickard Pinkston Reaves Ross
Russell, A. B.
Russell, H. P.
Scarborough
Sherman
Smith, J. R.

Snow Thomason Thompson

THURSDAY, FEBRUARY 18, 1971

939

Vaughn Wamble Wilson

Wood Mr. Speaker

On the adoption of the amendment, the ayes were 43, nays 90.

The amendment was lost.

The following amendment was read:
Mr. Thompson of the 85th moves to amend HB 476 by deleting the sentence which starts on line 16 with the word "The", in its entirety.
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, W. H. Berry Black Bohannon Buck Chappell Cheeks Collins, S. Davis, E. T. Dent Dixon Edwards

Felton Gaynor Geisinger Ham Harrington Howard Hutchinson Johnson King Larsen, W. W. Leggett Levitas

Mason Milford Morgan Mullinax Northcutt Patterson Pearce Phillips, W. R. Sweat Thompson Triplett Wheeler, Bobby

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. M. Atherton Battle Bennett, J. T. Bennett, Tom Blackshear Bostick Bowen Brantley, H. L.

Brown, C. Busbee Carter Chance Clements Cole Collins, M. Coney, J. L. Conger Connell Cook

Daugherty Davis, W. Dean, Gib Dean, J. E. Dorminy Drury Egan Farrar Floyd, J. H. Fraser Gary

940
Gignilliat Grahl Grantham Greer Griffin Gunter Hamilton Harris Hays Hill, G. Housley Howell Hudson, Ted Isenberg Jones, Herb Jones, J. R. Jordan Keyton Kreeger Lane, Dick Lane, W. J. Larsen, G. K.

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill)
Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Melton Miles Miller Moore Moyer Mulherin Nessmith Noble Odom Patten Peters Phillips, L. L. Poole Potts Rainey

Roach Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan Sims Smith, H. R. Smith, V. T.
Snow Sorrells Stephens Townsend Tripp Turner Westlake Wheeler, J. A. Whitmire Williams

Those not voting were Messrs.:

Adams, John Alien Barifeld Bell Bond Brantley, H. H. Bray Brown, B. D. Brown, S. P. Burruss Carr Chandler Collier Colwell Coney, G. D. D alley Evans Ezzard Floyd, L. R. Granade Hadaway

Harrison
Hawes Hill, B. L. Hood Horton Hudson, C. M.
Jessup Knight Knowles Lambert Lee, W. S. Lewis Longino Maxwell McCracken McDaniell McDonald Merritt Murphy Nunn Oxford

Phillips, G. S. Pickard Pinkston Reaves Ross Russell, A. B. Scarborough Shepherd Sherman Smith, J. R. Strickland Thomason Toles Vaughn Wamble Ware Wilson Wood Mr. Speaker

On the adoption of the amendment, the ayes were 36, nays 98.

The amendment was lost.

THURSDAY, FEBRUARY 18, 1971

941

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, G. D. Adams, John Adams, Marvin Alexander, W. M. Atherton Battle Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Burruss Busbee Carr
Carter Chance Chappell Cheeks Clements Cole Collins, S. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Farrar Felton

Fraser Gaynor Gei singer Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Hamilton Hawes Hays Hill, G. Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell

McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Odom Patterson Patten Peters Phillips, G. S. Phillips, L. L. Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Toles Townsend Triplett Tripp

942
Turner Ware Westlake

JOURNAL OF THE HOUSE,

Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Bond Floyd, J. H. Gary Ham

Harrington Harris Hill, B. L. King Lee, W. J. (Bill)

Northcutt Pearce Sweat Thompson

Those not voting were Messrs.:

Alien Barfield Berry Bray Brown, B. D. Brown, S. P. Buck Chandler Collier Collins, M. Colwell Coney, G. D, Dailey

Evans Ezzard Floyd, L. R. Harrison Hood Horton Hudson, C. M. Knight Knowles Kreeger Lewis Longino Milford

Oxford Phillips, W. R. Pickard Pinkston Russell, A. B. Scarborough Sherman Thomason Vaughn Wamble Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 14.

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

HB 387. By Messrs. Shanahan of the 8th, Gaynor of the 88th, Ross of the 26th, Bennett of the 71st, Lane of the 101st, Miller of the 83rd, Geisinger of the 72nd and many others:
A Bill to be entitled an Act to amend Code Title 22, relating to corpora tions, so as to change the fees for advertising; and for other purposes.

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 oi'dered and the vote was as follows:

THURSDAY, FEBRUARY 18, 1971

948

Those voting in the affirmative were Messrs.:

Adams, John Alexander, W. H. Battle Bell Bennett, J. T. Black Brantley, H. H. Chappell Cheeks Cole Collier Collins, S. Connell Daugherty

Dean, Gib Edwards Egan Floyd, L. R. Gaynor Geisinger Gignilliat Jones, Herb Knowles Larsen, G. K. Larsen, W. W. Lee, W. S. Lowrey Miles

Morgan Noble Phillips, W. R. Ross Russell, W. B. Savage Shanahan Sherman Snow Thomason Townsend Tripplet Westlake

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. M. Berry Blackshear Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Buck Busbee Can-
Carter Chance Chandler Collins, M. Coney, G. D. Coney, J. L. Conger Cook Dent Dixon Dorminy Drury Ezzard Felton Fraser Gary Grahl Granade Grantham Greer Griffin Gunter

Hadaway Ham Hamilton Harrington Harris Hawes Hays Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Keyton Knight Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Leggett Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Miller Moore Moyer Mulherin

Mullinax Nessmith Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Salem Sims Smith, H. R. Smith, V. T. Sorrells Strickland Sweat Toles Tripp Turner Wheeler, Bobby Whitmire Williams Wood

944

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alien Atherton Barfield Bennett, Tom Bohannon Brown, C. Brown, S. P. Burruss Clements Colwell Dailey Evans Parrar Floyd, J. H. Harrison

Hill, B. L. Hill, G. Hood Hudson, C. M. Jones, J. R. Jordan King Lane, Dick Levitas Lewis Longino McDaniell Melton Merritt Milford

Murphy Oxford Pinkston Scarborough Shepherd Smith, J. R. Stephens Thompson Vaughn Wamble Ware Wheeler, J. A. Wilson Mr. Speaker

On the passage of the Bill, the ayes were 41, nays 110.

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

Messrs. Dean of the 13th and Miles of the 78th stated that they had in advertently voted "aye" on the passage of HB 387, and wished to be recorded as voting "nay".

Mr. Melton of the 32nd requested that the Journal show that although he was present in the House Chamber when the roll was called on the passage of HB 387, he abstained from voting because of a conflict of interest.

The Speaker assumed the Chair.

Mr. Lane of the 101st moved that the following Bill of the House be taken from the table:

HB 336. By Mr. Lane of the 101st: A Bill to be entitled an Act to create the State Arborist Board; and for other purposes.
The motion was lost.

THURSDAY, FEBRUARY 18, 1971

945

The following Resolutions of the House were read and adopted:

HR 198. By Messrs. Smith of the 43rd and Brantley of the 52nd:
A RESOLUTION
Expressing regrets at the passing of Honorable Vendie Hudson Hooks; and for other purposes.
WHEREAS, Honorable Vendie Hudson Hooks of Lexsy, Emanuel County, Georgia, passed away February 17, 1971; and
WHEREAS, he served as a member of the House of Representatives from Emanuel County from 1941 until 1946, and served as a Senator from the 16th Senatorial District in 1947; and
WHEREAS, he was born in Swainsboro, where he was educated in the common schools and also attended Georgia Normal College and Business Institute; and
WHEREAS, he was an outstanding farmer and was a Minister in the Primitive Baptist Church; and
1 WHEREAS, he contributed immeasurably to the civic, religious and public affairs of his community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest regrets are hereby expressed at the passing of Honorable Vendie Hudson Hooks and deepest sympathy is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the family of Honorable Vendie Hudson Hooks.

HR 200. By Messrs. Adams of the 100th, Smith of the 39th, Poole of the 10th, Johnson of the 29th, Lane of the 101st and many others:
A RESOLUTION
Commending and paying tribute to the Honorable Lewis R. Slaton, District Attorney for the Atlanta Judicial Circuit, and the Honorable Hinson McAuliffe, Solicitor, Criminal Court of Fulton County, for their efforts and accomplishments in reducing the availability of pornographic materials in the City of Atlanta and County of Fulton; and for other purposes.
WHEREAS, all the cities of our great nation have been deluged with awesome amounts of photographs, films, magazines and paperback

946

JOURNAL OF THE HOUSE,

books depicting men and women in various and obscene poses and en tanglements; and

WHEREAS, when compared with other large metropolitan areas in the United States, Atlanta has one of the lowest exposures of pornogra phy and smut; and

WHEREAS, the lack of pornography in Atlanta can only be at tributed to two dedicated gentlemen:

The Honorable Lewis R. Slaton, District Attorney for the Atlanta Judicial Circuit, and the Honorable Hinson McAuliffe, Solicitor for the Criminal Court of Fulton County,

inasmuch as the purveyors of pornography usually cease peddling their filthy wares in a community only when they realize that they will be prosecuted to the fullest extent of the law; and

WHEREAS, Atlanta and Fulton County residents are most fortu nate to have two of the most able and dedicated prosecutors repre senting their interests in the courts; and

WHEREAS, it is only fitting and proper that the Honorable Lewis R. Slaton and Honorable Hinson McAuliffe be commended and supported for their dedication and God-given abilities.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby commends, pays tribute to and offers its fullest support to the Honorable Lewis R. Slaton and Honorable Hinson McAuliffe in their efforts and accomplishments in reducing the availability of pornographic materials in the City of Atlanta and County of Fulton.

HR 201. By Messrs. Johnson of the 29th, Black of the 45th, Housley of the 117th, Lewis of the 37th, Dent of the 79th, Reaves of the 71st, Adams of the 100th, Noble of the 73rd, Dean of the 19th and Jones of the 4th:
A RESOLUTION
Commending the members of the Joint Guard of Honor who par ticipated in Georgia ceremonies for Richard Brevard Russell; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
WHEREAS, all Georgians can take pride in the way the members of the Joint Guard of Honor conducted themselves during the funeral ceremonies for Richard Brevard Russell; and

THURSDAY, FEBRUARY 18, 1971

947

WHEREAS, the Joint Guard of Honor demonstrated amazing poise and durability in the funeral ceremonies for Senator Russell; and

WHEREAS, Georgians in all walks of life mourn the passing of Senator Russell, but take pride in the memory of the high ideals which these men of the Joint Guard of Honor exemplified; and

WHEREAS, it is only fitting and proper that these men be com mended for this service to the State and nation; and

WHEREAS, the members of the Joint Guard of Honor for the Army were: Captain Glynn W. Hale, Captain Jack B. Wood, Second Lieutenant Clarence E. King, Jr., Second Lieutenant Daniel E. Siepierski, Sergeant First Class Francis R. Daniel, Staff Sergeant Walter L. Green, Staff Sergeant Gerd N.- Hoffmann, Sergeant David Doubrava, Specialist 4 Dwayne S. Johnson, Specialist 4 Waldo E. Lamb, Specialist 4 Robert J. Adams, Specialist 4 Ernest R. Orchard, Specialist 4 Frank A. Brooks, Specialist 4 James E. Draginoff, Specialist 4 David E. Beal, Sergeant William R. Orr, Private First Class Dennis Jacobs, Private First Class Dennis T. Hanley, Second Lieutenant John R. Drewien, Sergeant W. D. Wade, Jr., Sergeant Paul B. Mutscheller, Sergeant Ronald G. Doeringsfeld, Sergeant Paul R. Huebner; and

WHEREAS, the members of the Joint Guard of Honor for the Navy were: Lieutenant Junior Grade John O. Medlin, Gunners Mate Third Class Maynard O. Johnson, Boatsmate Third Class Roy M. Roper, Boatsmate Third Class Henry F. Holly, Gunners Mate Third Class Daniel E. Fridley, Boatsmate First Class Jack D. Strange, Signalman First Class James W. Alien, Seaman David C. Watson, Seaman Velimir Radosevich, Seaman Robert J. White, Seaman George E. Carroll, Seaman Dennis L. Lamonthenge, Seaman Jack E. Fetkenhier, Seaman Richard A. Lux, Seaman Robert S. Martin, Seaman Joseph W. Gelbach, Seaman John H. Bougher; and

WHEREAS, the members of the Joint Guard of Honor for the Ma rines were: Captain Marice O. Green, Sergeant Joseph F. Stevens, Ser geant James F. Nelson, Sergeant Charles W. Dean, Sergeant Danny J. Simmons, Sergeant Robert J. Goodwin, Jr., Sergeant Zackuel Wickersam, Sergeant Dennis K. Wells, Sergeant Charles E. Ratcliff, Sergeant Richard J. Mater, Sergeant Edward F. Boggs, Sergeant Roman H. Atnip, Sergeant Robert M. Lucas, Sergeant Robert Kennedy, Sergeant Eugene Jarrell, Sergeant Gary A. Kober; and

WHEREAS, the members of the Joint Guard of Honor for the Air Force were: Lieutenant Robert W. Bailey, Master Sergeant Malcolm O. Haynes, Staff Sergeant Charlie F. Davis, Airman First Class Milton L. R. Davis, Airman First Class David L. Kite, Sergeant John C. Lee, Sergeant Joseph M. Feyder, Sergeant Ralph O. Hans, Airman First Class John R. Scott, Sergeant Rodney G. Barnes, Sergeant Lawrence Faison, Sergeant General G. Swan, Staff Sergeant Darwin R. Hadrick, Staff Sergeant Donald L. Waldron, Sergeant James M. Partello, Ser geant Bill L. Taylor, Airman First Class Richard L. Martin, Sergeant William H. Godfrey; and

948

JOURNAL OF THE HOUSE,

WHEREAS, the members of the Joint Guard of Honor for the Unit ed States Coast Guard were: Ensign Thomas E. Frasher, First Class Storekeeper Robert H. Walters, Seaman Apprentice Vincent Laughlin, Seaman Apprentice Richard G. Simms, Seaman Apprentice Charles E. Packard, Seaman Apprentice Gregory L. Oxley, Seaman Apprentice Michael D. Coffee, Third Class Storekeeper John Gott, Second Class Hospitalman William L. Wagner, Second Class Yeoman Carl J. Lindahl, Second Class Yeoman Thomas Merle, Photographers Mate Second Class Thomas M. Finnerty, Seaman Apprentice Joe B. Hightower, Seaman Thomas C. McCerthy, Seaman Apprentice Gregory J. Hood, Seaman Ap prentice Lawrence Mitchell.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body hereby com mend the Joint Guard of Honor for dedicated and faithful service to the State 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 Captain Glynn M. Hale, the officer in charge of the ceremony.

HR 202. By Messrs. Housley of the 117th and Roach of the 10th:
A RESOLUTION
Commending the Honorable Vane G. Hawkins; and for other pur poses.
WHEREAS, one of the finest attorneys in the State of Georgia is the Honorable Vane G. Hawkins, a man whose law practice is in the City of Athens and County of Clarke; and
WHEREAS, his legal ability has enabled him to make great civic and political contributions to the people of Athens and Clarke County, and his skill as an advocate of right and justice has earned him the reputation of being a leading citizen of Georgia; and
WHEREAS, it is only fitting and proper that the talents and ac complishments of the Honorable Vane G. Hawkins be recognized and applauded by the members of the Georgia General Assembly.
NOW, THEREFORE, BE IT RESOLVED that this Body hereby commends and congratulates the Honorable Vane G. Hawkins for his abilities and accomplishments.
BE IT FURTHER RESOLWED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Vane G. Hawkins, 167 Catawba, Athens, Georgia.

THURSDAY, FEBRUARY 18, 1971

949

HR 203. By Messrs. Housley, Wilson and Howard of the 117th:

A RESOLUTION

Commending the law enforcement officers of Cobb County; and for other purposes.

WHEREAS, the men and women who serve unselfishly as law enforcement officers in Cobb County perform an outstanding service to all our citizens; and

WHEREAS, many of these officers have received widespread recog nition for their attention to duty for protecting human lives and prop erty; and

WHEREAS, these officers risk their lives in a daily effort to pre vent traffic accidents, the use and sale of illegal drugs, juvenile delin quency and other criminal activities; and

WHEREAS, the residents of Cobb County and the citizens of Geor gia have good reason to be proud of these outstanding men and women.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends the law enforce ment officers of Cobb County for their excellent services to the people of Cobb County and the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this resolution to the Marietta Police Department; the Smyrna Police Department; the Acworth Police Department; the Austell Police Department; the Powder Springs Police Department; the Kennesaw Police Department; the Cobb County Sheriffs' Department and the Cobb County Police Department.

HR 204. By Messrs. Adams, Lowrey and Toles of the 9th and Smith of the 43rd:
A RESOLUTION
Commending Judge Richard L. Starnes, Jr.; and for other purposes.
WHEREAS, Richard L. Starnes, Jr., Judge of the State Court of Floyd County, has recently received the distinct honor of being named "Young Man of the Year" by the Rome Jaycees and one of the "Five Outstanding Young Men" in the State of Georgia by the Georgia Jay cees; and
WHEREAS, such honors are but two of many received by this outstanding and distinguished jurist and citizen of the State of Georgia; and

950

JOURNAL OF THE HOUSE,

WHEREAS, Judge Starnes is a former distinguished member of the Georgia House of Representatives; and

WHEREAS, Judge Starnes has devoted many years of his life in public service to the people of his city, county and State; and

WHEREAS, this young man has overcome almost insurmountable personal hardships to become a leader in his community and State; and

WHEREAS, it is only befitting and proper that this body recognize the outstanding accomplishments, contributions and achievements of the Honorable Richard L. Starnes, Jr.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest commendations and congratulations to Judge Richard L. Starnes, Jr. upon his receiving the distinguished and high honor of being named "Young Man of the Year" by the Rome Jaycees and one of Georgia's "Five Outstanding Young Men" by the State Jaycees.

HR 205. By Messrs. Davis of the 86th, Howell of the 60th, Conger of the 68th, Moore of the 6th and many others:
A RESOLUTION
Relative to the Apalachicola, Chattahoochee and Flint Rivers; and for other purposes.
WHEREAS, the Board of Engineers for Rivers and Harbors has conducted a study of the Apalachicola, Chattahoochee and Flint Rivers; and
WHEREAS, a report of such studies was published as House Docu ment No. 300 of the 80th Congress; and
WHEREAS, additional studies of these rivers have been conducted from time to time; and
WHEREAS, if these rivers were navigable to barge traffic the year around, the territory surrounding such river beds would benefit im mensely from industrial and economic prosperity; and
WHEREAS, the Apalachicola River below the Jim Woodruff Lock and Dam is in particular need for engineering studies and development in order that the navigability thereof can be improved so that the Apalachicola River will support year around shipping.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Congressional Delegation is hereby requested to expend their considerable influence upon the Board of Engineers for Rivers and Harbors in order that reports and

THURSDAY, FEBRUARY 18, 1971

951

studies accomplished for the Apalachicola, Chattahoochee and Flint Rivers will be reviewed and wherever action necessary commenced im mediately in order that the navigability of these important riverways be improved and enhanced so that they will be in a position to support year around shipping.

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 each member of the Georgia Con gressional Delegation.

HR 206. By Mr. Noble of the 73rd:
A RESOLUTION
Relative to "Technology Week"; and for other purposes.
WHEREAS, President George Washington has long been recog nized as our country's first Engineer as well as an outstanding States man; and
WHEREAS, for many years the week of George Washington's birthday has been observed as "National Engineers Week" in recogni tion of the many contributions made on behalf of mankind by the dedi cated efforts of Engineers throughout our land; and
WHEREAS, the week of February 21-27, 1971, has been proclaimed by both President Richard M. Nixon and Governor Jimmy Carter as "National Engineers Week"; and
WHEREAS, in conjunction with "National Engineers Week", the students of the Georgia Institute of Technology, with the help of the Institute's faculty and administration, have initiated a program, to be known as "Technology Week", which will bring together students, fa culty, administrators, civic and industrial leaders, and the members of the general public to note the accomplishments of technology and the responsibility that technology must shoulder; and
WHEREAS, the theme of "Technology Week" is "Man and His En vironment"; and
WHEREAS, "Technology Week" will foster a closer relationship among many of the nation's outstanding civic, government and industrial leaders and could well be a leading influence upon college youth throughout our country in giving responsible recognition and leadership to the overall role of technological progress.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the students, faculty and administration of the Georgia Institute of Technology are hereby commended and ap plauded for their efforts in initiating the development of "Technology Week" here in the State of Georgia.

952

JOURNAL OF THE HOUSE,

HR 207. By Messrs. Brown of the 110th, Shepherd of the 107th, Alexander of the 108th, Blackshear of the 91st and many others:
A RESOLUTION
Expressing regrets at the passing of the Honorable Samuel Woodrow Williams; and for other purposes.

WHEREAS, Dr. Samuel Woodrow Williams was a native of Arkansas, and a faithful and dedicated resident of Atlanta, Georgia; and

WHEREAS, Dr. Williams, a great alumnus and administrator, who served as a professor of philosophy and later as dean of students at Morehouse College in Atlanta, firmly believed that education was the key to the quality of life for all people, especially black people; and

WHEREAS, Dr. Williams served as chairman of the Community Relations Commission, vice president of the Southern Christian Leader ship Conference; he was past president of the N.A.A.C.P., and a mem ber of its executive council; he was co-chairman of the Atlanta Summit Leadership Conference; former president of the Greater Atlanta Coun cil on Human Relations and a member of the board of directors of the State Council; and

WHEREAS, he gave generously of his time to the City of Atlanta and its surrounding communities; he opposed racism, separatism and vio lence, whether by black or white; he served his follow man with heart felt warmth and intellectual wit; and he served as a liaison between the races, seeking to quell the wrongs and evil of the city and its communi ties, for the benefit of all.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body express its deepest regrets at the passing of Dr. Samuel Woodrow Williams, and further, expresses its deepest sympathy to his wife and family.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Mrs. Samuel Woodrow Williams.

HR 208. By Messrs. Mullinax, Potts, Ware and Knight of the 30th, Smith of the 43rd and McCracken of the 36th:

A RESOLUTION

Expressing sympathy at the passing of the Honorable McKie M. Trotter, Jr.; and for other purposes.

WHEREAS, on February 15, 1971, the State of Georgia lost one of its most outstanding citizens in the passing of the Honorable McKie M. Trotter, Jr., of LaGrange, Georgia; and
WHEREAS, he served as a member of the House of Representatives from Troup County during the 1945 regular session and the 1946 extra session of the General Assembly; and

THURSDAY, FEBRUARY 18, 1971

953

WHEREAS, he was a long time official of Callaway Mills until his retirement; and

WHEREAS, he was a dedicated husband and the father of the Honorable William P. Trotter, a former member of this body and a former State Senator, who is presently serving as the National Demo cratic Committeeman for Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the passing of the Honorable McKie M. Trotter, Jr., and do hereby extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the family of the Honorable McKie M. Trotter, Jr.

HR 209. By Messrs. Adams of the 100th, Rainey of the 47th, Williams, Wood and Whitmire of the llth and many others:
A RESOLUTION
Memorializing1 Congress and the Corps of Engineers to provide recreation a higher priority among management needs of reservoirs; and for other purposes.
WHEREAS, in recent years the number of recreational small craft registered in the State of Georgia has increased 52.2 percent, and the sale of marine equipment and services is now grossing $55,000,000 a year and substantially contributing to the economy of the State; and
WHEREAS, Georgia's present water resources would be inadequate to handle such increased demands for boating and other water-based recreation without the multipurpose reservoirs of the U. S. Army Corps of Engineers; and
WHEREAS, despite the fact that recreational benefits to the public is one of the factors which the Corps is required by law to take into account in justifying the construction and operation of multipurpose reservoirs, the experience in Georgia has been that recreational use is often hampered and severely curtailed as the result of periodic draw downs of the reservoirs for other purposes; and
WHEREAS, the present policy of according water recreation a relatively low priority in the management of Corps reservoirs in Geor gia is not a realistic evaluation of the importance of water recreation to the economy of the State and the general public interest.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body respectfully memorializes the Congress of the United States and the Chief of the United States Corps of Engineers to recognize that recreation needs and deserves a higher priority in the management of Corps of Engineers reservoirs, and to take such steps as are necessary to insure that higher priority will be given.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit copies of this Resolution to the Chief of the United States Army Corps of Engineers and to the Speaker of the House of Representatives and the President of the Senate, and to each Senator and Representa tive from Georgia in the Congress of the United States.

HE 210. By Mr. McDaniell of the 117th:
A RESOLUTION
Congratulating Mrs. Sara Frances Smith Cagle; and for other pur poses.
WHEREAS, Mrs. Sara Frances Smith Cagle was born February 12, 1871, in Morgan County, Decatur, Alabama, to the parents of Joseph E. Smith and Arminda Elizabeth Smith; and
WHEREAS, Mrs. Cagle moved to Cherokee County, Acworth, Geor gia, in the year 1876; and
WHEREAS, she is the widow of the late Mr. John E. Cagle and the mother of nine children of which four are yet living; and
WHEREAS, she has resided in the City of Atlanta for some 45 years with her daughter, Miss Louise Cagle; and
WHEREAS, she is celebrating her 100th birthday on February 12, 1971.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby con gratulate Mrs. Sara Frances Smith Cagle on the occasion of her 100th birthday and extend to her their sincerest best wishes.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Sara Frances Smith Cagle.

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955

HR 211. By Messrs. Russell and Keyton of the 70th:

A RESOLUTION

Commending Honorable Neil H. Williamson; and for other pur poses.

WHEREAS, Honorable Neil Williamson has served with distinction as warden of the prison in Thomas County for the past 18 years; and

WHEREAS, he has worked for Thomas County in some capacity since 1930, except during World War II when he served with the United States Air Force; and

WHEREAS, he is highly respected in his field, and his professional status is such that the Georgia Prison Wardens Association elected him president in 1961; and

WHEREAS, Mr. Williamson is active in the civic, fraternal and re ligious affairs of his community, and his dedication to the people of Thomas County is second only to his love and dedication to his family.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Honorable Neil H. Williamson for his long and distinguished service to the people of Thomas County.

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 Neil H. Williamson.

HR 212. By Messrs. Westlake of the 75th, Davis of the 75th, Noble of the 73rd, Floyd of the 75th, Jordan of the 74th and many others:
A RESOLUTION
Urging the DeKalb County Board of Commissioners to appropriate a share of the county revenues which result from the sale of beer and wine to the DeKalb County Board of Education; and for other purposes.
WHEREAS, the voters of DeKalb County voted for beer and wine to be legally sold in the county, at the last general election and thereby opened up a new source of revenue in DeKalb County; and
WHEREAS, many voters have indicated to Representatives and Senators their desire that a portion of the beer and wine tax revenues should go to the DeKalb County Board of Education, for school pur poses; and
WHEREAS, this new source of revenue should be viewed in the light of the expressed desires of the people of DeKalb County.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body urges the DeKalb County Board of Commissioners to appropriate a share of the revenues resulting from sales of beer and wine in the county to the DeKalb County Board of Education.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Chairman of the DeKalb County Board of Commissioners and to the members of the DeKalb County Board of Education.

HR 213. By Messrs. Sherman of the 80th and Felton of the 95th:
A RESOLUTION
Urging the United States Department of Transportation to consider an alternate route in connection with its Railpax proposal; and for other purposes.
WHEREAS, the Department of Transportation has recently made a proposal concerning rail transportation systems in the United States; known as Railpax; and
WHEREAS, this proposal includes several alternate routes for rail service between New York and New Orleans, by way of Atlanta; and
WHEREAS, one of these proposals concerns a route between Co lumbia, South Carolina, and Atlanta; and
WHEREAS, there is currently no direct route from Atlanta to Co lumbia, South Carolina; and
WHEREAS, the Southern Railway System currently has passenger service from New York to New Orleans via Atlanta; and
WHEREAS, an alternate route from Atlanta via Augusta, Geor gia, and Florence, South Carolina, will furnish north-south access routes with fewer passenger transfers.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby urges the United States Department of Transportation to consider and adopt an alter nate route from Atlanta, Georgia, via Augusta, Georgia, and Florence, South Carolina, which would provide improved passenger service over the route currently under consideration.
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 Secretary of the United States Department of Transportation.

THURSDAY, FEBRUARY 18, 1971

957

HR 214. By Messrs. Dent and Connell of the 79th, Miles, Cheeks and Mulherin of the 78th, and Smith and Sherman of the 80th:

A RESOLUTION

Expressing sympathy at the passing of Charles Weldon Johnson; and for other purposes.

WHEREAS, Charles Weldon Johnson was educated in the State of Georgia and was a graduate of Morehouse College, Atlanta, Georgia, and went on to receive his Master of Arts degree from Columbia Uni versity, New York; and

WHEREAS, Charles Weldon Johnson has served with honor as a teacher, principal, and educator in the State of Georgia for many years; and

WHEREAS, Charles Weldon Johnson organized the Augustus R. Johnson School, became its first principal, and, through his leadership, developed said Augustus R. Johnson School into an accredited four-year high school; and

WHEREAS, Charles Weldon Johnson has served his community in many worthwhile activities, including directing drives for the Red Cross, Tuberculosis Association, March of Dimes and Cancer Fund, has served with many youth organizations and has held numerous positions of honor; and

WHEREAS, Charles Weldon Johnson spent his life in service of his fellow man until his death on December 13, 1970.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express sympathy at the passing of Charles Weldon Johnson.

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 Charles Weldon Johnson.

HR 215. By Mr. Conger of the 68th:
A RESOLUTION
Urging the State Board of Health to take all necessary steps to separate the Bainbridge State Hospital from the Southwestern State Hospital; and for other purposes.
WHEREAS, it would promote efficiency and economy of operation to separate the Bainbridge State Hospital from the Southwestern State Hospital; and

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WHEREAS, such action would tend to eliminate possible con fusion; and

WHEREAS, it is only fitting and proper that the Bainbridge State Hospital be separated from the Southwestern State Hospital.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby urges the State Board of Health to take all necessary steps to separate the Bainbridge State Hospital from the Southwestern State Hospital.

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 State Board of Health.

The following Resolution of the Senate was read and adopted:

SR 49. By Senator Adams of the Bth:
A RESOLUTION
Expressing sympathy to the families of all persons killed or injured in the Thiokol explosion; and for other purposes.
WHEREAS, at 10:53 A.M. on Wednesday, February 3, 1971, a tragedy of major proportions occurred at the Thiokol Chemical Plant near Woodbine, Georgia, when a fire broke out in a munitions building, causing an explosion; and
WHEREAS, the explosion killed twenty-six Georgians and injured numerous others; and
WHEREAS, the members of the Georgia General Assembly wish to express their grief and sadness and extend their sympathy to the members of the families of all persons who were killed or injured in the violent explosion; and
WHEREAS, the members of the General Assembly also wish to express their regrets to the officials of Thiokol for the loss they have sustained; and
WHEREAS, Georgians in all walks of life share a common grief with the families as we mourn the passing of the persons who died in this terrible tragedy.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body do hereby express their sincerest and deepest regrets and extend their heartfelt sympathy to the members of the families of the persons who died in this horrible tragedy.

THURSDAY, FEBRUARY 18, 1971

959

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward appropriate copies of this resolution to the president of Thiokol Chemical Corporation and to the families who lost a family member.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 216. By Mr. Bostick of the 63rd:
A RESOLUTION
Creating the General Assembly Meeting Days Study Committee; and for other purposes.
WHEREAS, it has become evident that the General Assembly does not have sufficient time to intelligently consider measures presented to it; and
WHEREAS, several proposals relative to lengthening the time of sessions have been introduced; and
WHEREAS, this is a most important matter and should be given careful and thorough consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the General Assem bly Meeting Days Study Committee to be composed of five members of the Hou?e of Representatives, to be appointed by the Speaker. The Committee shall study the constitutional and statutory provisions re lating to the meeting days and related matters of sessions of the Gen eral Assembly. The members shall receive the allowances authorized for members of interim legislative committees, but shall receive the same for no more than 15 days. The Committee shall work with any similar committee composed of members of the Senate. The Committee shall make a report of its findings and recommendations on or before December 1, 1971, on which date it shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.

HR 217. By Messrs. Rush of the 51st, Brown of the 32nd, Jordan of the 74th, Edwards of the 45th and others:
A RESOLUTION
Creating a committee to study the feasibility of lowering the age for children to begin school from 6 to 5, and to study the possibility of changing the program of primary and secondary education from 12 grades to 11 grades; and for other purposes.

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WHEREAS, many people in this State feel that the age of 5 is the appropriate age for children to begin school; and

WHEREAS, a general feeling prevails among most Georgians that the school curriculum could be designed so that students will complete their program of primary and secondary education in 11 years instead of 12; and

WHEREAS, it is of extreme importance to the people of Georgia that the best educational program possible be adopted and implemented.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the feasibility of lowering the age to begin school from 6 to 5 and to study the possibility of changing the program of primary and secondary education from 12 grades to 11 grades. Said committee shall be composed of 10 members of the House of Representatives to be appointed by the Speaker of the House. Said committee shall make a thorough study of all matters relating to the best age for children to begin school and the appropriate age for students to complete the secondary education curriculum. All departments and agencies of the
State Government shall assist the committee in completing its study, and private organizations and political subdivisions are hereby re quested and urged to cooperate with the committee by supplying in formation and every assistance which the committee may request in carrying out the purposes of this Resolution.

BE IT FURTHER RESOLVED that the members of the committee shall be authorized to meet for such number of days as the Speaker of the House of Representatives deems necessary in order for the com mittee to effectively carry out its duties and responsibilities under this Resolution. Each member of the committee shall be authorized to receive the expenses and allowances provided by law for members of legislative interim committees for service on the committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of govern ment.

BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations to the General Assembly on or before January 12, 1972, on which date the committee shall stand abolished. Such report may be accompanied by any proposed legislation that may be recommended by the committee.

HR 218. By Messrs. Russell of the 77th, Snow of the 1st, McCracken of the 36th and others:
A RESOLUTION
Creating the State Judicial System Study Committee; and for other purposes.

THURSDAY, FEBRUARY 18, 1971

961

WHEREAS, the judiciary is an indispensable element of our constitutional form of government; and

WHEREAS, the entire State judicial system should be studied to determine the need for improvements in the judicial system; and

WHEREAS, the entire State judicial system should be studied for ways and methods to improve the judicial system.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Judicial System Study Committee, to be composed of seven members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. The committee shall conduct a complete study of the State judicial system. The committee shall determine the need for improvements in the judicial system as well as ways and methods the judicial system may be improved. The committee should, in its study, make inquiry with regard to the optimum number of courts, criteria for adding judges, the need for juvenile courts, the salaries of individ uals in the judicial system, and possible uses of judges emeritus. The committee shall be authorized to make such inquiries and investigations, and to conduct such hearings, as it deems necessary in completing this
study. The committee may conduct such meetings at such places and at such times as it may deem necessary to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The members of the com mittee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than 15 days, unless additional days are authorized by the Speaker of the House of Representatives. The funds necessary to
carry out the purposes of this resolution shall come from the funds appropriated to or available to the Legislative Branch of the Govern ment. The committee shall make a report of its findings and recom mendations to the 1972 Session of the General Assembly of Georgia, at which time the committee shall be abolished.

HR 219. By Messrs. Bell of the 73rd, Westlake of the 75th, Wamble of the 69th, Larsen of the 113th and Russell of the 77th:
A RESOLUTION
Creating an interim study committee to study the need for uniform accounting and auditing procedures for all political subdivisions of the State of Georgia; and for other purposes.
WHEREAS, there is at persent a lack of uniform accounting and auditing procedures between the various units of State and local government in Georgia; and
WHEREAS, the lack of uniformity in accounting and auditing procedures has a tendency to confuse the citizens of Georgia; and

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JOURNAL OF THE HOUSE,

WHEREAS, it is important that the citizens of this State should be able to understand easily the financial reports and budgets of the various State and local units of the government of Georgia; and

WHEREAS, sophisticated computer services are now available that can be utilized at minimal costs if standardized accounting procedures are implemented.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. The Committee shall study all matters relating to the need for uniform accounting and auditing procedures for the State, and all departments, agencies and political subdivisions thereof. The Committee shall make a report of its findings and recom mendations to the 1972 Session of the General Assembly. The members of the Committee shall receive the expense allowances authorized by law for interim legislative study committees, but shall receive the same for not more than ten days unless additional days are authorized by the Speaker. The funds necessary for the purposes of this resolution shall come from the funds appropriated to or available to the Legisla tive Branch of the Government.

HR 220. By Messrs. Westlake of the 75th, Wood of the llth and Sherman of the 80th:
A RESOLUTION
Creating the Open Competition Rating Law Study Committee; and for other purposes.
WHEREAS, the State of Georgia recently adopted the so-called Open Competition Insurance Rating Law as a substitute to the traditional insurance rating law which vested in the State Insurance Commissioner the responsibility of regulating insurance rates; and
WHEREAS, it is the duty and responsibility of the General Assembly to reassess the wisdom of this basic change in the insurance law and to evaluate the effectiveness with which said law is operating.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Open Competi tion Rating Law Study Committee to be composed of seven members of the House, to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into the Open Competition Rating Law and any other matter relating to insurance law which it feels advisable and necessary. The Committee shall make a report of its findings and recommendations to the 1972 session of the General Assembly, at which time it shall stand abolished.

THURSDAY, FEBRUARY 18, 1971

963

HR 221. By Messrs. Bennett of the 71st, Savage of the 104th, Drury of the 66th and others:
A RESOLUTION

Creating the MEDEX Study Committee; and for other purposes.

WHEREAS, the State of Georgia, like most states, is suffering from a shortage of qualified medical personnel; and

WHEREAS, the MEDEX Program, in addition to other benefits, allows greater access to qualified medical personnel; and

WHEREAS, several states have implemented the MEDEX Pro gram, with excellent preliminary results; and

WHEREAS, it would be a worthwhile use of legislators' time and energies to study the MEDEX Program to see if it would be of benefit to Georgians to implement the program in this State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the MEDEX Study Committee, to be composed of five members of the House to be chosen by the Speaker. The Speaker shall appoint the chairman of the Com mittee.

The Committee shall do all things necessary to determine whether or not the MEDEX Program would benefit Georgia if implemented in this State.

The Committee shall prepare a report of its findings to be sub mitted to the Clerk of the House for printing on or before December 1, 1971, at which time the Committee shall stand abolished.

Each member of the Committee shall receive the expenses and allowances authorized to members of interim legislative committees but for no longer than ten days unless an extension is granted by the Speaker. All funds necessary for the operation of the Committee shall
come from funds appropriated to or available to the legislative branch of State government.

HR 222. By Messrs. Nunn of the 41st, Cole of the 3rd, Thomason of the 77th, Felton of the 95th, Moyer of the 41st and others:
A RESOLUTION
Creating the Petroleum Products Taxation and Pricing Study Committee; and for other purposes.
WHEREAS, at the regular 1969 session, the Georgia General Assembly passed a bill to increase the tax on gasoline by 2 cents per gallon for the first time in fifteen years; and

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JOURNAL OF THE HOUSE,

WHEREAS, this bill was subsequently vetoed by the Governor; and

WHEREAS, the petroleum industry later increased the price of gasoline by 2 cents per gallon for no corresponding reason; and

WHEREAS, the people of Georgia are under the impression that the price of gasoline increased because the General Assembly increased the tax on gasoline; and

WHEREAS, the General Assembly is presently considering another bill increasing the tax on gasoline by 2 cents per gallon; and

WHEREAS, zone pricing used by petroleum suppliers to provide certain retailers with temporary discounts off normal wholesale prices, purportedly to meet local competitive positions, damages many suppliers and causes motorists to feel that the nonfavored retailers overcharge for their products; and

WHEREAS, favoring one dealer over another, except for legiti mate cause, is not fair to motorists or gasoline retailers.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Petroleum Products Taxation and Pricing 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 members of the com mittee shall be authorized to inquire into the practices of the petroleum industry relative to the pricing of petroleum products; to review the antitrust laws of the State of Georgia to determine if such laws should be strengthened; and to study the laws of this State and other states relative to taxation and pricing of petroleum products. 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 allowance authorized for the legislative members of interim legislative committees. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations to the 1972 session of the General Assembly of Georgia, at which time the committee shall stand abolished.

HE 223. By Messrs. Leggett of the 67th, Drury of the 66th, Hudson of the 48th and others:
A RESOLUTION
Creating an interim study committee to study automotive repair dealer registration; and for other purposes.

THURSDAY, FEBRUARY 18, 1971

965

WHEREAS, automotive repairs and maintenance are costing con sumers large sums of money each year; and

WHEREAS, overcharging, needless repairs and the necessity of having faulty work corrected accounts for a large percentage of such repair and maintenance costs; and

WHEREAS, improper repairs are not only costly but endanger the lives of the citizens of Georgia; and

WHEREAS, it is desirable that the citizens of Georgia be pro tected against unscrupulous, untrained and unqualified repairmen.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker thereof. The Committee shall study all matters relating to automotive repair dealer registration. The Committee shall be au thorized to meet not in excess of ten days. The Committee shall make a report of its findings and recommendations to the 1972 Session of the General Assembly. The members of the Committee shall receive the expense allowances authorized by law for interim legislative study
committees. The funds necessary for the purposes of this resolution shall come from the funds appropriated to or available to the Legisla tive Branch of the Government.

HR 224. By Messrs. Davis and Westlake of the 75th, Hudson of the 48th and others:
A RESOLUTION
Creating the Voter Apathy Study Committee; and for other pur poses.
WHEREAS, the fact that less than half of the people eligible to vote in Georgia bother to register to vote and of those registered less than half go to the polls in many important elections should be of grave concern to all persons interested in good government; and
WHEREAS, a thorough study should be made of the various factors that contribute to this voter apathy to the end that methods may be found to encourage a much greater percentage of our citizens to register and vote.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Voter Apathy Study Committee to be composed of 10 members of the House of Repre sentatives to be appointed by the Speaker thereof. It shall be the duty of said Committee to make a thorough study of all factors influencing, contributing to or otherwise relative to voter apathy. It shall be said Committee's further duty to attempt to find methods to encourage all eligible citizens of our State to exercise their right to vote.

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BE IT FURTHER RESOLVED that each member of the Com mittee shall receive the allowances authorized by law for members of legislative interim committees but shall not receive same for more than 10 days. The funds necessary to carry out the provisions of this Resolu tion shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations by not later than the date the General Assembly convenes in regular session in January 1972, and on said date, said Committee shall stand abolished.

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.

FRIDAY, FEBRUARY 19, 1971

967

Representative Hall, Atlanta, Georgia Friday, February 19, 1971

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. Orman Sloat, Pastor, First United Methodist Church, Swainsboro, Georgia:
Our loving Heavenly Father, we come to thank You today for Your generous gifts. We thank You for this great and lovely State, endued as it is with so many natural resources of every kind, and endued with a stalwart and gracious people--the finest that can be found anywhere.
It is the privilege of these men and women here assembled to govern such a people. Let these leaders be filled with a love of Your laws, and of all that which is righteous and life-giving. Help them to b^ worthy stewards of Your many gifts. Increase the sense of duty in us all.
Purge our State of the deep causes of corruption which have so often made sin profitable and uprightness hard. Breathe a new spirit into all of us--one of service that will abolish pride and inequalities.
Give us men to match the lovely seashore of our State--warmly human, open to all that is good.
Give us men to match our plains--fruitful and productive of the best.
Give us men to match our pine trees--tall, straight and true.
Give us men to match our mountains--with grandeur and stead fastness, firmly rooted but with heads and hearts always reaching heavenward.
We make our prayer for a good day in the name of Jesus Christ our 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.

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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 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 Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 667. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act placing the ordinary and clerk of the superior court of Hart County upon an annual salary, so as to authorize the governing authority to increase the compensation of certain employees of said officers; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 668. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Hart County, so as to authorize the governing authority of Hart County to increase the compensation of certain em ployees of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 669. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

FRIDAY, FEBRUARY 19, 1971

969

HB 670. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Ringgold, so as to remove the authority of the mayor and aldermen of the City of Ringgold, and the City of Ringgold, to extend its system of waterworks beyond the city limits; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 671. By Messrs. Wood, Whitmire and Williams of the llth:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Gumming, so as to add certain property to said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 672. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Hall County, so as to change the compensation of the members of the Board of Commissioners of Hall County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 673. By Messrs. Harris of the 10th, Lane of the 44th, Adams of the 9th, Shanahan of the 8th, Collins of the 62nd, Poole of the 10th, Turner of the 3rd, Hudson of the 28th, Bowen of the 47th, Strickland of the 56th, Hadaway of the 27th and others:
A Bill to be entitled an Act to amend Code Section 95-5702, relating to the meaning of "fair market value" when used in tax laws, so as to provide that the meaning of "Fair market value" may also include the value of property calculated on its productivity; and for other purposes.
Referred to the Committee on Ways and Means.

HB 674. By Messrs. Davis and Westlake of the 75th, Jordan of the 74th, Patterson of the 20th, Mauldin of the 12th, Wheeler of the 57th, Leggett of the 67th, Bell of the 73rd, Larsen of the 113th and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

HB 675. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to create the office of Commissioner of Heard County; to provide his qualifications; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 676. By Messrs. Howard, Atherton, Kreeger, McDaniell and Housely of the 117th, Cook, Felton, Greer, Hawes and Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Levitas, Russell and Farrar of the 77th and others:
A Bill to be entitled an Act to amend an act changing the qualifications of persons elected ordinary in certain counties of this State, so as to provide that the ordinaries in such counties shall not engage in the private practice of laws; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 677. By Messrs. Adams of the 100th, Savage of the 104th, Lane of the 101st, Williams of the llth, Mason and Dean of the 13th:
A Bill to be entitled an Act to provide that the Director of the De partment of Public Safety shall be authorized to permit physically handicapped persons to operate vehicles not otherwise permitted to be operated upon the public roads of this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 678. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th, Miles, Mulherin and Cheeks of the 78th, Phillips of the 29th, McCracken of the 36th, Lewis of the 37th and Johnson of the 29th:
A Bill to be entitled an Act to add one additional judge of the Superior Courts of the Augusta Judicial Circuit; to provide for the appointment of said judge; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 679. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend Code Section 21-105, relating to the fees of coroners, so as to change certain of the population figures and the census contained therein; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 680. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend the Urban Redevelopment Law, so as to change certain of the population figures contained therein and the applicable census; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

FRIDAY, FEBRUARY 19, 1971

971

HB 681. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act providing that the tax receivers in certain counties shall receive as a commission two and one-half percent of the taxes collected for the boards of education, so as to change the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HR 197-681. By Mr. Harrington of the 34th:
A Resolution authorizing and directing the State Personnel Board to add two longevity steps to the Merit System Compensation Plan; and for other purposes.
Referred to the Committee on Welfare.

HB 682. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act regulating employment of children and providing hours for their employment, so as to provide that children under 16 years but over 10 years old may be employed to sell or deliver newspapers in residential areas between certain hours; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 683. By Messrs. Savage of the 104th and Granade of the 75th:
A Bill to be entitled an Act relating to consumer protection and war ranties and constituting the Georgia Consumer Warranty Act; and for other purposes.
Referred to the Committee on Industry.

HB 684. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 685. By Messrs. Lee of the 61st and Lambert of the 25th:
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 certain exemptions from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

972

JOURNAL OF THE HOUSE,

HB 686. By Messrs. Harris, Roach and Poole of the 10th:
A Bill to be entitled an Act to provide that coroners in counties having a population of not less than 32,600 and not more than 32,700, shall be compensated $100 per month, to be paid out of county funds; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 687. By Messrs. Atherton of the 117th and Westlake of the 75th:
A Bill to be entitled an Act to provide for fiscal responsibility of incorporated municipalities of this State; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

HR 199-687. By Messrs. Larsen of the 113th, Alexander of the 96th and Hawes of the 95th:
A Resolution proposing an amendment to the Constitution so as to provide that $4,000 homestead exemption of certain persons 65 years of age or over shall apply to all taxes levied by the City of Atlanta; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.
HR 225-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon certain tangible personal property purchased outside the State of Georgia; and for other purposes.
Referred to the Committee on Ways and Means.
HR 226-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale and use of Holy Bibles and Testaments until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.
HR 227-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the taxes imposed by the Georgia Retailers'

FRIDAY, FEBRUARY 19, 1971

973

and Consumers' Sales and Use Tax Act upon the sale of tangible personal property and services sold to certain non-profit general and mental hospitals; and for other purposes.
Referred to the Committee on Ways and Means.

HR 228-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st: A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of the taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain fares and charges collected by certain transit systems; and for other purposes.
Referred to the Committee on Ways and Means.
HR 229-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st: A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of Georgia wine taxes on the sale and use of wine to certain churches and synagogues for Sacra mental Services until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.
HB 688. By Messrs. Melton of the 32nd and Miles of the 78th: A Bill to be entitled an Act to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act to exempt the sale of Sacred Scripture; 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 649. By Mr. Rush of the 51st: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation and cancel lation of drivers' licenses, so as to provide for showing blood types on drivers' licenses under certain circumstances; and for other pur poses.

974

JOURNAL OF THE HOUSE,

HB 650. By Messrs. Cole and Turner of the 3rd, Harris of the 10th, Williams of the Hth, Murphy of the 19th, Milford of the 12th, Odom of the 61st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating the State High way Board, so as to provide that members of the Highway Board shall continue to serve for the terms of office for which they were elected; and for other purposes.

HB 651. By Messrs. Snow, Clements, and Hays of the 1st, Morgan of the 23rd, Levitas and Russell of the 77th, King of the 86th, Pearce and Buck of the 84th:
A Bill to be entitled an Act to provide that obligations issued by the United States Postal Service, may be purchased as investments by banks, insurance companies, executors, administrators and other in dividuals, firms, partnerships and corporations managing and ad ministering investments in a fiduciary capacity; and for other pur poses.

HB 652. By Messrs. Pearce and Buck of the 84th, Berry and Thompson of the 85th, Davis of the 86th and Snow of the 1st:
A Bill to be entitled an Act to repeal Code Section 46-805, relating to the assent of the government official garnished being necessary to judgment in certain garnishment proceedings; and for other purposes.

HB 653. By Mr. Smith of the 80th:
A Bill to be entitled an Act to amend Code Section 114-305, relating to the time of filing workmen's compensation claims, so as to change the time for an employee to file his claim with the State Board of Workmen's Compensation; and for other purposes.

HB 654. By Mr. Smith of the 80th:
A Bill to be entitled an Act to amend Code Section 114-501, relatingto medical and other treatment, artificial members and the effect of a refusal to accept medical treatment, so as to eliminate the present limitation on medical and other treatment provided for employees; and for other purposes.

HB 655. By Messrs. Roach and Poole of the 10th:
A Bill to be entitled an Act to amend an Act reincorporating the town (now city) of Canton, so as to provide that the recorder's court shall have the authority to set fines up to $300 while sitting to try cases; and for other purposes.

FRIDAY, FEBRUARY 19, 1971

975

HB 656. By Messrs. Roach and Poole of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Cherokee County, so as to change the provisions re lating to the compensation of the clerk serving the office of the com missioner of Cherokee County; and for other purposes.

HB 657. By Messrs. Roach and Poole of the 10th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the provisions relating to the compensation of the deputies and clerical assistants of said officers; and for other purposes.

HB 658. By Messrs. McDaniell of the 117th and Cole of the 3rd:
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 therefrom the sale of motor fuel; and for other purposes.

HR 191-658. By Mr. Chandler of the 34th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of awards to State employees who make meritorious suggestions that will promote efficiency and economy in State Government; and for other purposes.

HR 192-658. By Mr. Chandler of the 34th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.

HR 193-658. By Mr. Chandler of the 34th: A Resolution compensating John H. Rawlings; and for other purposes.

HB 659. By Messrs. Bennett and Brown of the 81st, Miller of the 83rd, Coney of the 82nd and Snow of the 1st:
A Bill to be entitled an Act to amend Code Title 76, relating to peace warrants and behavior bonds, so as to provide that any person against whom a peace warrant issues, shall be brought before the court which issued the warrant, or be released on bond by the sheriff; and for other purposes.

976

JOURNAL OF THE HOUSE,

HB 660. By Messrs. Stephens of the 103rd and Noble of the 73rd:
A Bill to be entitled an Act to provide for a tax on the sale of certain patent medicine; and for other purposes.

HB 661. By Messrs. Rainey of the 47th and Dorminy of the 48th:
A Bill to be entitled an Act to provide for the creation of a Georgia System of Scenic Trains; and for other purposes.

HB 662. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to provide a new charter for the City of Waynesboro; and for other purposes.

HB 663. 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 shall contain the words "Peach State"; and for other purposes.

HB 664. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Morgan, so as to change the method of nominating and electing candi dates for the office of Commissioner; and for other purposes.

HB 665. By Messrs. Bennett, Evans and Brown of the 81st, Thomason and Russell of the 77th, Miller of the 83rd, Coney of the 82nd, Snow of the 1st, Ross of the 26th, and others:
A Bill to be entitled an Act to amend "The Lender Credit Card Act", so as to change the maximum finance charge; and for other purposes.

HR 196-665. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Horton of the 95th, Davis of the 75th, Brown of the 110th, Thomason of the 77th, Vaughn of the 74th and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the sale of liquors on election days; and for other purposes.
HB 666. By Messrs. Ware of the 30th, Floyd of the 7th, Dean of the 19th, Collins of the 72nd, Gignilliat of the 89th, Hays of the 1st, Russell of the 70th, Lane of the 101st, and Berry of the 85th:
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

FRIDAY, FEBRUARY 19, 1971

977

State, so as to provide that the taxes imposed by this Act shall not he levied with respect to the purchase or use of cigars or cigarettes when used for patients at the Georgia War Veterans' Home and the Georgia War Veterans' Nursing Home; and for other purposes.

SB 4. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the time of retirement of certain persons in the Uniform Division of the Department of Public Safety; and for other purposes.
SB 28. By Senator Kidd of the 25th: A Bill to be entitled an Act to authorize the State Personnel Board to provide an Automobile Insurance Program for employees of the State of Georgia; and for other purposes.
SR 33. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose gross income for income tax purposes together with the gross income for income tax purposes of all members of the immediate household occupying said homestead was less than $4,000; and for other purposes.
SB 58. By Senators Smith of the 18th and Bateman of the 27th:
A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, so as to provide for the establishment of master retirement plans for municipalities with fewer than 16 employees who elect and are qualified for plan participation; and for other purposes.
SB 64. By Senators Webb of the llth and Rowan of the 8th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to the acceptance of employment by certain retired members; and for other purposes.
SB 71. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th: A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws re lating to the hospitalization and release of alcoholics and drug de pendent individuals; and for other purposes.

978

JOURNAL OF THE HOUSE,

SB 80. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to implement a Constitu tional Amendment authorizing the increase of retirement benefits to retired persons who retired prior to April 1, 1967; and for other pur poses.

SB 83. 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, so as to allow service credits after age sixty-five; and for other purposes.

SB 84. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to provide optional retirement bene fits for appellate court judges; and for other purposes.

SB 92. By Senators Stephens of the 36th, Chapman of the 32nd and Kennedy of the 4th:
A Bill to be entitled an Act to authorize city and county jail officials, sentencing judges, the State Board of Corrections, and 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 93. By Senator Stephens of the 36th:
A Bill to be entitled an Act to authorize the Director of the Depart ment of Corrections to authorize inmates of State penal institutions to take special leave for the purpose of participation in special com munity or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public; and for other pur poses.
SB 131. By Senators Holloway of the 12th and Gillis of the 20th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide it shall be unlawful for motor vehicle owners to operate vehicles which have devices which control atmospheric emissions placed on same by the manufacturer pursuant to certain regulations; and for other purposes.

SB 139. By Senator Bateman of the 27th:
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

FRIDAY, FEBRUARY 19, 1971

979

that any vehicle which has transported loads of matter, may, after depositing said load, return to its point of origin; and for other pur poses.

SB 146. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to delete the exemption of tractors from coverage of the requirement that motor vehicles shall be equipped with mufflers in good working order and in constant operation to prevent excessive noise or smoke; and for other purposes.

SB 148. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 88-502.15, relating to the giving of notice in cases involving hospitalization of the mentally ill, so as to change the provisions relating to service of notice by mail; and for other purposes.

Mr. Gaynor of the 88th 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 House and has instructed me to report same back to the House with the following recommendations:
HB 270. Do Pass, by Substitute. Respectfully submitted, Gaynor of the 88th, Chairman.

Mr. McCracken of the 36th District, Chairman of the Committee on Insur ance, 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 598. Do Pass.

HB 600. Do Pass.

Respectfully submitted,

McCracken of the 36th,

Chairman.

980

JOURNAL OF THE HOUSE,

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Judiciary 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 599. Do Pass.
HB 377. Do Pass.
HB 257. Do Pass. Respectfully submitted,
Snow of the 1st, Chairman.

Mr. Roach of the 10th District, Chairman of the Committee on Special Ju diciary, 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 73. Do Not Pass. HB 432. Do Pass. HB 608. Do Pass. HB 591. Do Pass, by Substitute.
Respectfully submitted, Roach of the 10th, 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 fol lowing Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HR 74-212. Do Pass, by Substitute. HB 384. Do Pass.

FRIDAY, FEBRUARY 19, 1971

981

HB 337. Do Pass, as Amended. HB 409. Do Pass, by Substitute.
Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community 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:
HR 184-623. Do Pass. HR 185-634. Do Pass. HB 380. Do Pass. HB 385. Do Pass. HB 386. Do Pass. HB 477. Do Pass. HB 493. Do Pass. HB 538. Do Pass. HB 539. Do Pass. HB 541. Do Pass. HB 543. Do Pass. HB 544. Do Pass. HB 545. Do Pass. HB 547. Do Pass. HB 549. Do Pssa. HB 550. Do Pass. HB 556. Do Pass. HB 557. Do Pass. HB 558. Do Pass. HB 559. Do Pass, by Sul .titute. HB 563. Do Pass. HB 564. Do Pass.

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HB 565. Do Pass. HB 567. Do Pass. HB 574. Do Pass. HB 575. Do Pass. HB 576. Do Pass. HB 577. Do Pass. HB 578. Do Pass. HB 579. Do Pass. HB 580. Do Pass. HB 585. Do Pass. HB 592. Do Pass. HB 593. Do Pass. HB 596. Do Pass. HB 597. Do Pass, as Amended. HB 601. Do Pass. HB 603. Do Pass. HB 604. Do Pass. HB 605. Do Pass. HB 609. Do Pass. HB 611. Do Pass. HB 612. Do Pass. HB 613. Do Pass. HB 614. Do Pass. HB 615. Do Pass. HB 616. Do Pass. HB 617. Do Pass. HB 619. Do Pass. HB 622. Do Pass. HB 623. Do Pass. HB 624. Do Pass.
HB 625. Do Pass. HB 626. Do Pass. HB 629. Do Pass.
HB 635. Do Pass.

FRIDAY, FEBRUARY 19, 1971

983

HB 636. Do Pass. HB 637. Do Pass. HB 638. Do Pass. HB 639. Do Pass. HB 640. Do Pass. HB 641. Do Pass. HB 642. Do Pass. HB 643. Do Pass. HB 644. Do Pass. HB 646. Do Pass.

Respectfully submitted, Levitas of the 77th, 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 of the House and has instructed me to report same back to the House with the following recommendations:
HB 450. Do Pass. HB 451. Do Pass, as Amended. HB 472. Do Pass.
Respectfully submitted, Melton of the 32nd, Chairman.

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

HB 432. By Messrs. Miles and Mulherin of the 78th, Smith and Sherman of the 80th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act abolishing the 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 Au gusta, as amended, so as to revise, consolidate and clarify all the laws relating to the Municipal Court; and for other purposes.

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The following substitute was read and adopted: A BILL

To be entitled an Act to amend an Act abolishing the 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, Georgia, and creating in lieu thereof a Municipal Court in and for the City of Augusta, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, so as to revise, consolidate and clarify all the laws estab lishing, concerning and relating to the Municipal Court, City of Augusta, Georgia, in and for the County of Richmond; to provide for the election of judges thereof; to provide for the creation of the office of Associate Judge; to provide for their compensation, define their qualifications, powers and duties; to provide for the appointment of all other officers; to increase the jurisdiction of said court; to establish and revise the rules of procedure; to provide for trial by jury of six members; to provide for destruction of old records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act abolishing the 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, Georgia, and creating in lieu thereof a Municipal Court in and for the City of Augusta, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, is hereby amended by striking in their entirety Sections 1 through 41 and sub stituting in lieu thereof the following:
"Section 1. That a Civil Court of Richmond County is hereby established and created, and that from and after January 1, 1933, and the election and qualification of the officers of said Civil Court of Richmond County, Georgia, no justice court, or justice of the peace or notary public ex officio justice of the peace or notary pub lic ex officio justice of the peace or constable shall have or exercise any jurisdiction civil or criminal, within the limits of the City of Augusta, Georgia, as they now or may be hereafter defined.
"Section 2. The Civil Court, Richmond County, Georgia, shall have concurrent jurisdiction within the County of Richmond, with the Superior Court and other courts of said county, to try and dis pose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law, or by statute in which the principal sum sworn to or claimed to be due, or the value of the property in dispute does not exceed ten thousand ($10,000.00) dollars, and of which jurisdiction is not vested by the Constitution and laws of Georgia exclusively in another or other courts. The criminal jurisdiction of said Civil Court shall not ex ceed the jurisdiction now or hereafter vested by law in the justice courts of this State, but such jurisdiction shall extend over the en tire County of Richmond. Whenever the words 'principal amount sworn to or claimed to be due' are used in this Act, it shall be held

FRIDAY, FEBRUARY 19, 1971

985

to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of liens sought to be enforced by the defendant, set-off, or counterclaim, exclusively of and not computing interest, hire, attorney's fees and cost. Provided, however, should the amount of a counterclaim or set-off asserted by defendant exceed the jurisdiction limit of this court, the clerk shall within five days from date of filing said counterclaim or set-off, transfer all pleadings in the subject suit to the Clerk of the Superior Court of Richmond County, Georgia, who shall docket same and thereafter the litigation shall be subject to existing Superior Court rules and jurisdiction.
"Section 3. The Civil Court of Richmond County, Georgia, shall have jurisdiction to try and determine all distress warrants, and dispossessory warrants and proceedings to evict intruders, and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to the issues to be tried thereon to either the Civil Court of Richmond County, Georgia, or to the Superior Court of Richmond County, provided such election is stated in the warrant or affi davit or counter-affidavit at the time the same is filed, and if no such election is so stated said warrant or affidavit shall be return able to the Civil Court of Richmond County, Georgia. And in the event that said warrant should be contested and triable in the Civil Court of Richmond County, Georgia, all issues of law and fact formed thereon by counter-affidavit or otherwise shall be tried by the judge of said court without the intervention of jury, unless a demand for jury trial is filed at the time of filing said warrant, affidavit, counter-affidavit or pleadings thereon, either by the plaintiff or defendant. Failure to file such a demand for trial by jury shall be deemed as a waiver of a jury trial.
"Section 4. Be it further enacted by the authority aforesaid, that there shall be a judge of said Civil Court, who shall be known as the chief judge, whose term of office shall be four years and who shall be elected by the qualified voters of the County of Rich mond quadrennially at the regular State election for the election of members of the General Assembly and in the same year in which presidential elections are held; Provided that the chief judge of said court first elected under the terms of the Act shall be elected on the third Wednesday in December, 1932, at the election to be held for that purpose; provided further that all qualified voters of the county resident in and/or outside of the City of Augusta shall be permitted to vote in the voting precinct in which they live in the same manner as they vote for other candidates for other State and/or county officers.

"Section 5. Be it further enacted by the authority aforesaid, that the chief judge of said Civil Court shall be commissioned by the Governor and before entering upon the duties of his office shall take the same oath required by law of Superior Court Judges; that any person who shall be elected chief judge, or appointed clerk or sheriff of said Civil Court must at the time of his election, or ap pointment, be a qualified voter of Richmond County, the chief judge of said court shall be a practicing attorney at law at least five (5) years immediately preceding his election; provided further

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that the chief judge of said court shall be subject to the same re strictions as imposed by law upon the Superior Court judges pro hibiting practicing law.
"Section 6. Be it further enacted by the authority aforesaid, that every vacancy in the office of chief judge of said Civil Court, occasioned by death, resignation, retirement, or other cause shall be filled by appointment of the Governor for the unexpired term thereof.
"Section 7. Be it further enacted by the authority aforesaid r that the chief judge of said Civil Court and the associate judge, are hereby clothed with the same powers and authority as is conferred by the Constitution and laws of this State upon a justice of the peace, and with such additional rights, powers, and jurisdiction as is provided by the terms of this Act; that said chief judge of said Civil Court and the associate judge, shall have the power and au thority, under the limitations set out in this Act, to hear, determine, and dispose of all cases and actions, both civil and criminal, of which said court has jurisdiction, and to give judgment and execu tion therein; to hold court from day to day continuously, if neces. sary, to the dispatch of the business of said court. The chief judge of said court and the associate judge shall have the same power to preserve order, to compel obedience to their orders, to inflict sum mary punishment for contempt, to enforce the judgment of their court, as is given by law to the judges of the Superior Courts of this State; provided, however, that said judges shall have no power to impose punishment for contempt exceeding a fine of one hundred ($100.00) dollars and/or thirty (30) days in the county jail. The judges of said Civil Court shall have, in addition to the powers enumerated in this Section, all the powers, prerogatives and au thority, in matters wherein the subject matter and the amount in volved are not beyond the jurisdiction of said Court, that are con ferred upon the judges of the Superior Court, and said powers, prerogatives and authority shall apply to the chief judge of said Civil Court and the associate judge, so far as the same may be applicable, unless inconsistent with the provisions of this Act.
"Section 8. There shall be an Associate Judge of said court who shall have the same qualifications as required of the chief judge of said court. The said associate judge shall exercise all the functions, have the same powers and perform the same duties and have the same jurisdiction as the chief judge thereof, except as may be otherwise provided in this Act. The compensation of said as sociate judge shall be $11,800.00 per annum, to be paid as the other officers of said court are paid; provided that the associate judge shall be prohibited from the practice of law in the Civil Court, Richmond County, Georgia, only. The said associate judge shall be appointed by the Governor within thirty (30) days after this Act is approved or otherwise becomes law and his office shall run eoncurrent with the terms of the office of the chief judge; thereafter he shall be elected in the same manner and at the same time as the chief judge. When a vacancy occurs in the office of associate judge of said Civil Court, occasioned by death, resignation, or other cause, it shall be filled by appointment of the Governor for the unexpired term thereof.

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"Section 9. The salary of the chief judge of Civil Court shall be $14,800.00 per annum; the salary of the clerk of said court shall be fixed by the chief judge from time to time at an amount not to exceed $7,986.00 per annum and the clerks of said court shall have the power, by and with the consent of said chief judge of said court, to appoint a chief deputy clerk and the salary of the chief deputy clerk shall be fixed by the chief judge from time to time at an amount not to exceed $5,846.00 per annum, and the clerk of said court shall have the power by and with the consent of the chief judge of said court to appoint six (6) deputy clerks and the salary of each of said deputy clerks shall be fixed by the chief judge from time to time at an amount not to exceed $5,166.00 per annum. The salary of the sheriff of said court shall be fixed by the chief judge from time to time at an amount not to exceed $7,986.00 per annum and the sheriff of said court shall have the power by and with the consent of the chief judge of said court to appoint a chief deputy
sheriff and the salary of the chief deputy sheriff shall be fixed by the chief judge from time to time at an amount not to exceed $5,794.92 per annum, and eleven (11) deputy sheriffs and the salary of each deputy sheriff shall be fixed by the chief judge from time to time at an amount not to exceed $5,595.96 per annum. Pro vided, nevertheless, that said chief deputy sheriff, chief deputy clerk, or deputy clerks, or deputy sheriffs shall serve only during such time as both the chief judge, the clerk and/or sheriff may deem their services necessary and to the best interest of the court. Any such deputy clerk of deputy sheriff may be discharged by the chief judge and/or clerk of sheriff at any time, and any such va cancy or vacancies thus created shall be filled in the same manner as such officers were originally appointed under this Act as amended. The compensation of all officers of said Civil Court shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court by the officer or officers charged by law with paying out the money of said county and charged as part of the expenses of said court.

The salaries of the clerk, chief deputy clerk, deputy clerks, sheriff, chief deputy sheriff and the deputy sheriffs shall be in creased annually by three (3%) percent of four thousand two hundred ($4,200.00) dollars for the first five (5) years of service and two (2%) percent of four thousand two hundred ($4,200.00) dollars for the next five (5) years of service and one (1%) per cent of four thousand two hundred ($4,200.00) dollars annually thereafter for all years of service in excess of ten (10). No credit for prior service shall be granted. No credit for service shall be granted for any time during which an employee was not an official or employee of the Civil Court in and for the County of Richmond and received compensation therefor in one of the positions for which such increases are authorized herein.

"Section 9A. In addition to the personnel which the chief judge may appoint as hereinbefore provided, said judge shall have the power to appoint, and at pleasure to remove, a court reporter, to serve the court and judges thereof. Such reporter shall report and transcribe all criminal matters required by the judges of said court, and do and perform such other duties as the judges of said court

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may require in chambers or in court. The salary of the court re porter of said court shall be fixed by the chief judge from time to time at an amount not to exceed $4,200.00 per annum; and shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court, by the officer or officers charged by law with paying out the money of the county and charged as part of the court expenses of said court.

"Section 10. The sheriff and the clerk of the Civil Court of Richmond County, Georgia, shall be appointed by the chief judge of said court for a term of office to run concurrently with his own. The sheriff and the clerk of said court shall have authority, with the approval of the chief judge of said court, to name their depu ties who shall hold said office at the pleasure of the said sheriff or clerk as the case may be, subject to approval of the chief judge of said court. It is hereby further provided that the chief judge, and
associate judge and all of the other officers of the Civil Court of Richmond County, Georgia, now serving their present term of office are hereby confirmed as the chief judge, and associate judge and other officers of said court, to name their deputies who shall hold said office at the pleasure of said sheriff or clerk as the case may be subject to approval of the chief judge of said court. It is hereby further provided that the judge and all of the other officers of the Civil Court of Richmond County, Georgia, now serving their present term of office are hereby confirmed as the judge and other officers of said court.

"Section 11. Be it further enacted by the authority aforesaid, that all of the requirements and duties, powers and authority im posed by law upon and conferred upon the clerk of Richmond Su perior Court and the sheriff of Richmond County shall be obligatory upon and shall be vested in the clerk and sheriff of said Civil Court, and the several deputies, respectively and shall be concur rent and co-existent with said clerk of Superior Court and sheriff of Richmond County, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said court; pro vided, however, that the amount of the bond of the clerk of said Civil Court shall be ten thousand ($10,000.00) dollars, and the amount of the bond of the sheriff of said Civil Court shall be ten thousand ($10,000.00) dollars, and the amount of the bond of deputy clerks of said Civil Court shall be one thousand ($1,000.00) dollars, and the amount of the bond of deputy sheriffs of said Civil Court shall be one thousand ($1,000.00) dollars; and all such bonds to have as surety thereon a surety company doing business in this State and having an office and authorized to do business in Georgia,, and premium of such bonds to be paid out of the county treasury of Richmond County, Georgia.

"Section 12. The clerk and deputy clerks of said Civil Court shall have complete power and authority, co-existent and coordinate with the power of the judges of said court, under the provisions of this Act, to issue any and all warrants, civil and criminal, suits,. and garnishments, writs of attachment, distress warrants, dispossessory warrants, warrants against intruders, warrants against tenant holding over, possessory warrants, bail trover, and summary-

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processes and writs which are issuable as a matter of right to ac cept and approve bonds, and to discharge any and all other func tions, which under the laws of this State are performable by a jus tice of the peace. And all deputy clerks, and deputy sheriffs, if and when appointed under the terms of this Act, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk and sheriff of said court.

"Section 13. Said Civil Court shall be a court of record, and shall have a seal, and minutes, records, and other books and files that are required by law to be kept by the Superior Court, so far as the jurisdiction of said Civil Court may render necessary, and said records shall be kept in and for said Civil Court, and said Civil Court is hereby declared to be a court of record for all purposes of jurisdiction, including, but not restricted to (a) motions for sum mary judgment; (b) all matters arising under the Uniform Crim inal Extradition Act, approved February 21, 1951 (Ga. Laws 1951, p. 726), as amended; (c) Uniform Act for Out of State Parolee Supervision, approved February 17, 1950 (Ga. Laws I960, p. 405), as amended; (d) Non-Resident Motorist Act, as amended; and (e) Georgia Civil Practice Act, as amended, provided that the clerk of said Civil Court shall preserve in suitable files all original papers in each case, which shall not be removed from said clerk's office without the permission of the judges of said court, and proper re ceipt being given to said clerk or deputy clerks of said court.

"Section 14. Be it further enacted by the authority aforesaid, that with the exception of the judges of Richmond Superior Court and the judge of the State Court of Richmond County, the said Civil Court shall have exclusive jurisdiction to sit as a court of inquiry to examine into accusations against persons arrested on warrants for offenses committed within the limits of said County of Rich mond.
"Section 15. All warrants, summary processes, writs, proces ses, garnishments, attachments, and suits issuing out of said Civil Court, in which the principal sum claimed to be due or the value of the property in dispute does not exceed ten thousand ($10,000.00) dollars, shall be returnable to said Civil Court in the same man ner and under the same rules as such writs are required to be re turned to the Superior Court.

"Section 16. The general laws of this State in regard to com mencement of actions in the superior courts, and defenses thereto of whatever nature, the pleadings, the method of procedure and practice therein and in regard to the examination of the parties to suits or witnesses, by interrogatories or under subpoena, witnesses and their attendance, continuances, charge of the court, granting of new trials, and other matters of a judicial nature within the jurisdiction of said Civil Court, shall be applicable to said Civil Court, except as may be otherwise provided in this Act.
"Section 17. Suits and garnishments in said Civil Court shall in all respects be conformable to the code of procedure in the su-

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prior courts; process of suit shall be annexed by the clerk of said court, and shall be served by the sheriff of said court or his lawful deputies; all executions, warrants, writs and summary processes of any kind issuing from said Civil Court shall be issued by any of the judges thereof; or in any one of their names by the clerk or deputy clerks, and be directed to the sheriff and his lawful deputies of said Civil Court and to all the singular the sheriffs and deputy sheriffs, and lawful constables of this State, and shall be executed by the sheriff or his deputy sheriff, or lawful constable or other peace officer, as now provided by law for such proceedings from the superior courts, or justice of the peace courts of this State.

"Section 18. The terms of said Civil Court shall be held month ly, on the fourth Monday in each month; that suits, garnishments and attachments shall be filed in the clerk's office of said court at least forty (40) days before the first day of the term to which they are returnable, however, whenever said day shall fall on a Satur day or a Sunday, it shall be held to fall on the first Monday fol lowing said Saturday or Sunday, and shall be served at least thirty (30) days before the first day of said term. The terms of said court shall end at twelve o'clock noon, on the fourth Monday in each month for the preceding term. The right of opening default shall be governed by the same rules of law now in force as to opening de faults in the superior courts of this State, whether judgment has been rendered in said case or not.
"Section 19. In all cases in said court in which the principal sum claimed or the value of the property in controversy does not exceed one hundred ($100.00) dollars, the rules of pleading as pro vided for in Sections 15, 16 and 17 hereof shall not be required of parties prosecuting or defending any such action therein, and it, shall not be necessary to paragraph either petition or answer; but no suit or proceeding, or answer thereto, shall be accepted or filed by the clerk of said court unless a substantial statement of the cause of action, or matters of defense, of whatsoever character, be first reduced to writing. No motion or special plea shall be required, but every defense in point of law or of fact may be taken advantage of in the answer; provided, that if the plaintiff shall verify his claim, or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. In furtherance of justice, the judges of said court shall permit any claim, suit, pro cess, pleading, or record to be amended in form or in substance, or material supplemental matter to be set forth in an amended writ ten pleading, and shall disregard any error or defect which does not affect the substantial rights of the parties but no amendment presenting a new and distinct cause of action or new party or par ties shall be allowed.
"Section 20. After the appearance day, any case may be as signed for trial by any of the judges of said court on any day after giving reasonable notice to all parties, unless continued for good cause shown, and in conformance with such rules and regulations of procedure now promulgated and of force, or which hereafter may be adopted in said court. If a case so placed on the trial calendar is not disposed of within ninety days after the appearance day ta

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which it is brought, it may be dismissed by any of the judges in the evercise of sound discretion, without prejudice to anyone, and costs taxed against the delinquent party.

"Section 21. Be it further enacted by the authority aforesaid, that every case in said Civil Court shall be tried by any judge thereof without a jury, unless a written demand for a trial by jury is filed in said court by the plaintiff, or his attorney, or by any other party seeking affirmative relief at the time such action or proceeding is instituted, or by the defendant, or his attorney, on or before the day and time which he is to appear in court in re sponse to the proceedings against him. Upon the failure of a party to demand a trial by jury, he shall be held to have waived such right.

"Section 22. Be it further enacted by the authority aforesaid, that all laws with reference to the drawing, selecting and summon ing of traverse jurors in the superior court shall apply to said Civil Court, under the limitation provided by the terms of this Act.

"Section 23. Be it further enacted by the authority aforesaid, that all laws with reference to the qualifications, relationship, im paneling, challenging, and compensation of jurors, now or hereafter in force, applicable to the Superior Courts of Richmond County, Georgia, shall apply to and be observed in said Civil Court except as where in conflict with the terms of this Act.

"Section 24. Be it further enacted by the authority aforesaid, that all jury trials in said court shall be by a jury of six. From said panel of traverse jurors drawn and summoned in accordance with the provisions of this Act, any of the judges of said Civil Court shall cause to be made up at least one panel of jurors containing twelve jurors, and as many other jurors as may in his discretion be neces sary, and all cases and issues to be tried by jury at such term of said Civil Court shall be tried by a jury stricken from a panel of jurors thus drawn, plaintiff and defendant each being entitled to three preemptory challenges. In the event that said jurors should be reduced below twelve for any cause, or when upon challenge or from any other cause there shall not be a sufficient number of persons in attendance to complete the panel of jurors, the judge shall draw the tales jurors from the jury box as now provided by law, and order the sheriff to summon the jurors so drawn; and when the sheriff or his deputy shall be disqualified to summon talesmen, they may be summoned by the sheriff of Richmond County or his deputies, or such other person as the judge may appoint.

"Section 25. All sales of personal property levied upon under process of Civil Court, or any other process, summary processes, or any other execution, executed by said Civil Court officers, shall take place at the courthouse door during the legal hours of sale, at public outcry, on the Monday next following ten days advertise ment by notice posted before the courthouse door, describing the property to be sold, the place and hour of sale, the name and resi dence of the owner of the property, and the style of the case in

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which the execution issued. Such sales are to be conducted by the sheriff of said court or his deputy; provided, that sales of perish able property, and sales on the premises may be made as provided by law, and provided, further, that in all cases where real estate is levied upon under a process from Civil Court, or any other court, the subsequent proceedings shall conform to the laws governing the sale of real estate save and except that all advertisement and sale of real estate shall be conducted by the sheriff or said court or
his deputy.

"Section 26. Be it further enacted by the authority aforesaid,,
that the chief judge of the Civil Court of Richmond County, Geor gia, and the associate judge of said court shall have the same au thority as the judge of the superior court to order a case reported,, and they may direct the case reported when either party or counsel request it, or when in the discretion of the judge the ends of justice require that the case may be reported. Whenever a case is reported in said court, either by agreement of parties or counsel, or by dis cretion of the court under the rule, the costs of such reporting shall be taxed equally against the parties to the case and shall be as sessed as costs in the case under the same rules as prevail in the superior court, save that the charge for such reporting shall be 10<# per hundred words for writing it out. If either party or his counsel object to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case unless the judge on preliminary investigation shall determine that the case is one that should be reported and shall direct it reported under the rule.

"Section 27. (a) In all cases in said court wherein the prin cipal sum claimed or the value of property in controversy does not exceed One Hundred ($100.00) dollars, whether tried by jury, or tried by the judge without a jury, the judgment of said court shall be conclusive, and no new trial shall be granted, provided, never theless, said case may be carried to the superior court by certiorari as provided by the general laws in reference to the writ of cer tiorari.
(b) In all cases in said court tried by any of the judges there of without a jury or tried by jury, in which the principal sum claimed or the value of the property in controversy exceeds One Hundred ($100.00) dollars, upon announcement of the judgment by the court, or upon rendition of the verdict by the jury, any party or his counsel may make a written motion for a new trial within thirty (30) days after judgment is entered in said case. Unless said motion for new triel is made as herein provided, the parties shall be held to have waived their right to move for a new trial, except upon the grounds on which extraordinary motions for new trial may be made. Said motion may be heard at such time within sixty (60) days aijter the making of said motion as the court in its discretion may set for a hearing; provided, nevertheless, that upon the dis position of a motion for a new trial by said Civil Court, any party, plaintiff or defendant, or claimant therein, may certiorari said case to the Superior Court of Richmond County under the general law of the writ of certiorari. Provided, however, that in the event the case is tried before a jury, then in this event the right of certiorari will

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not lie and the appeal shall be to the Court of Appeals or Supreme Court pursuant to jurisdictional requirement.

(c) From any final judgment of the said Civil Court an appeal shall lie to the Court of Appeals of Georgia, under the same rules that apply to appeals from the Superior Courts of this State.

"Section 28. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be liens upon proper ty belonging to the defendant or defendants, to the same extent and upon the same conditions as judgments of the Superior Courts of this State.

"Section 29. From and after the passage of this Act, it shall be necessary for the plaintiff, before or at the time of instituting any civil proceeding in said court to deposit with the clerk of said court the sum of six ($6.00) dollars upon the costs that will accrue therein; provided, nevertheless, if any plaintiff who may desire to institute any action in said court is unable from poverty to make the said costs deposits, he may make an affidavit to that effect and file the same with the proceeding sought to be sued out or insti tuted; whereupon it shall be the duty of the officers of said court to proceed with said matter as though said deposit had been paid. Provided, nevertheless, that the clerk of said court shall not be required to file any proceedings in which the plaintiff is a non-resi dent and the amount involved, or the property in controversy, does not exceed One Hundred ($100.00) dollars, until six ($6.00) dollars shall have been deposited with the clerk, or the amount involved, or the property in controversy, exceeds One Hundred ($100.00) dol lars, until twelve ($12.00) dollars, shall have been deposited with the clerk on account of costs. The court at any stage of such cause, on motion of the clerk, shall require such additional deposit, as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the cost taxable by law, the clerk shall refund to the depositor the excess.

"Section 30. Be it further enacted by the authority aforesaid, that it shall be the duty of the judges of said court to see to it that the officers of their court are diligent in the collections of costs and shall adopt such other measures and rules as will insure the payment of costs by the party or parties therefor.

"Section 31. Bt it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that on and after passage of this Act, no officer of any justice court whose dis trict lies in whole or in part within the limits of the City of Au gusta, Georgia, shall have authority to issue or serve any civil, quasi-criminal paper, process, or writ of any character, against any person, firm, or corporation residing within the corporate limits of the City of Augusta, Georgia, without regard to the location of the court from which said paper or process issued, nor shall any justice of the peace issue any criminal warrant for any misde meanor or crime committed within the limits of the City of Au gusta, Georgia.

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"Section 32. Be it further enacted by the authority aforesaid, that in the event any justice of the peace whose district adjoins the City of Augusta is disqualified from presiding in a particular case or refuses to serve in such case, or if such justice of the peace is sued and there is no justice in his district who is qualified to act, said Civil Court of Richmond County, Georgia, shall have jurisdic tion of such case concurrent with justice courts in other adjoining districts.

"Section 32B. Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that the justice courts, whether presided over by justice of peace or notary public ex officio justice of peace, whose districts lie partly within and partly without the corporate limits of the City of Augusta, and who have heretofore exercised jurisdiction throughout the City of Augusta, as well as those justice courts whose district lies within the corporate limits of the City of Augusta, shall have no jurisdic tion over any person, firm, or corporation residing in the City of Augusta, and none of said courts shall have any jurisdiction to try any civil or criminal cause therein pending against any resident of the City of Augusta, except in the case of principal and surety where one of the parties is a resident of the district wherein the proceeding is instituted. All of said justice courts shall be without jurisdiction to try any civil or criminal case pending therein from and after the passage of this Act, against any resident of the City of Augusta, except in the case of joint makers, joint tort feasors or principal and surety, and only then if such court has jurisdiction over one of the parties sued who is a non-resident of the City of Augusta.
"Section 33. Be it further enacted by the Authority afore said:
(a) That all cases, civil or criminal, pending and undisposed of, from and after the passage of this Act, in justice courts lying wholly within, or partly without, the City of Augusta, Georgia, shall be and they are hereby transferred to said Civil Court for trial and disposition therein. All final and other processes in the hands of officers of said justice courts shall be by them returned to said Civil Court and the judges and other officers of said Civil Court shall have power and authority to issue and enforce in the name of said Civil Court any and all processes in any case from said justice courts necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said justice courts. All fi. fas. and final processes not satisfied in the hands of the officers of said justice courts, from and after passage of this Act shall be levied by the officers of said Civil Court. All records, books, and papers in cases disposed of and on file in said justice courts shall be filed and deposited with the clerk of said Civil Court, and all property of parties to action in said justice courts in the legal custody of the said court shall be de livered to the sheriff of said Civil Court. It is hereby made the duty of said justices of the peace and/or constables to which this Act is applicable to comply with the provisions of this Section; and any justice of the peace and/or constable who shall fail to transmit

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such suits, papers and documents, or to return such final or other processes, or to deliver the books and records or property in the custody of the courts, within three days after written demand for such transmission or delivery has been made by the clerk of said Civil Court or any party at interest, shall be held in contempt of
said Civil Court, and be punished as provided in cases of contempt in the Superior Courts of the State of Georgia. The officers of said justice courts in this Section referred to shall be entitled to all uncollected costs which have accrued in the cases in their respective courts so transferred up to the passage of this Act, upon the col lection of the same by the officers of said Civil Court.

(b) Be it further enacted by the authority aforesaid, that the provisions of the preceding paragraph shall apply to the justices of the peace and justice courts whose districts are within, and partly without, the corporate limits of the City of Augusta, Georggia, in all cases, civil or criminal, jurisdiction of which will de volve upon said Civil Court pending and undisposed of from and after the passage of this Act, and none other.

"Section 34. The Board of Commissioners of Richmond Coun ty, Georgia, shall provide a suitable and convenient place for hold ing of said Civil Court of Richmond County, Georgia; and shall provide all necessary books, stationery, and filing cases for keeping the dockets, files and records of said court, and other things neces sary to the conduct of the business of said court.

"Section 35. Be it further enacted by the authority aforesaid, that a complete set of the published reports of the Supreme Court and the Court of Appeals of Georgia, and the Acts of the General Assembly of Georgia commencing with Acts of 1910 and the Code of 1933, Annotated, shall be furnished by the State Librarian to the clerk of said court for the use of said court.

"Section 36. The scale of costs to be collected by the officers of the Civil Court of Richmond County, Georgia, shall be graduated and divided according to classifications, as follows:

(a) In all cases the costs to be charged and collected by the officers of said court shall be as set out in the following schedule:
Each original summons._------____------------------------.2.00 Each copy of summons---------_.___...__----_____2.00 Filing papers in any case---------~_--------_----------I.00 Seal ----------.----.------------__-------------_---- .25 Affidavit and bond to obtain attachment and issuing and filing same .__....__.__.__._.____ 3.00 Entering judgment in each case.------------------------..1.00 Trial of each case when same is litigated.--------._. ----1.50 Docketing each case.--------__----------------------------.1.00

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Each witness sworn ..._------------------_-------- .50 Issuing each execution.-.--------__--____-___----1.00 Making out interrogatories and certifying the same_ 3.50 Making out recognizances and returning same to court------------------------__--_ __-__-1.00 Each subpoena for witness.----------------____------.2.00 Issuing each distress warrant and filing same ._---- 2.00 Each affidavit when a case is pending .----____--....... .75 Answering every writ of certiorari to Superior Court--5.00 Presiding at trial of forcible entry and detainer------4.00 Presiding at trial of right-of-way case ------__--------3.00 Issuing rule to establish lost papers--------____...----2.00 Trying the same--_--------_..----_------------_------.1.00 Presiding at trial of nuisance case--------..____----2.00 Witnessing any paper.--------------_--..._____..__. .75
Affidavit and bond to obtain garnishment and filing ,,______----------. ....__...____.------2.50 Issuing summons of garnishment-__--_________----.1.00 Each additional copy of summons...___.__.__._-- .75 Settling case before judgment___._._____.------1.00 Claim affidavit and bond____________._--__-1.50 Trying same .__.._-_______.___________1.00 Certifying transcript_--____...._----__.______.1.50 Issuing order to sell perishable property..________2.00 Each lien foreclosure and docketing same__.____...3.00 Each order issued by the court __...--....______----.1.50 Each case tried by jury....._______________----2.00 Issuing commission to take interrogatories ______4.00 Backing fieri facias.__------_----___--._____.__ .75 Rule nisi against officer.------_______..______--1.00 Trying the same ----------____.._..__.__.___---- .75 Judgment on the same...__--------___.____.___..... .75 Each criminal warrant issued --.....----___...___.....2.50 Serving summons of attachment --__....._------__3.00 Each return of officer...._--.........--------._._____--2.00

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.997

Serving each copy of summons__-__-____--_-_1.00
Summoning each witness--___---..--.--_---------------1.00
Attending court, for each judgment rendered sheriff's cost.___.___----______._..____.2.00
Levying fieri facias.------___________________2.50
Settling fieri facias when property not sold__--___-1.50
Returning nulla bona_--_______.--___--_~._.__--_____1.00
Collecting executions issued by coroners----__,,___.1.50
Collecting executions issued by tax collector_______1.50
Keeping or storage of any motor vehicle, not to exceed per day--------____________.____________!.00
Keeping each dog, per day...____________.__________ .50
Keeping horse, mule, ox or ass, per day_.___--__--1.00
Keeping each head of meat cattle, per day_.________ .50
Keeping each head of sheep, goats or hogs_______ .50
Keeping or storage of household furniture or appliances, not to exceed per day----.----_~_..__--1.00
All sales made by sheriff, amount on sales commission ___,_____________________________._._____6 .4 %
Serving rule to establish lost paper----------.____,,_2.00
Every additional copy------._____________________________ .75
Serving court ------------------__--_ __________,,___1.00
Each additional copy--------------______________.____________ .75
Following property out of county, going and returning per mile ----_____.____...__________ .10
Levying each distress warrant.-------------__________5.00
Each advertisement ______________________--------_,,.------___3.00
Taking bond in civil cases_______________________________________3.00
Taking bond in criminal cases ___________________.______________2.50
Serving summons of garnishment ___--_ ____.----._______ 1.00
Each additional summons ------__________________----_----1.00
For hauling or drayage in handling of any property seized by virtue of process from court, not to exceed $6.00 per hour for use of any vehicle used in hauling or drayage, and $1.75 per hour for labor. For towing or wrecker service for motor vehicle seized under legal process, not to exceed $1.50 per mile, minimum charge for any vehicle seized within corporate limits, City of Augusta, not to exceed--______--------____5.00

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(b) The costs to be taxed in said court in possessory warrant cases, criminal warrants, peace warrants, search warrants and bail trovers shall be the same as those fixed by law.

(c) In dispossessory warrant cases and proceedings to eject in truders, the cost shall be $3.00 for the clerk for issuing and $3.00 for the sheriff for serving the warrant, and other costs shall be the same as justice of the peace court costs. Said $6.00 shall be de posited with the clerk at time of filing and issuing of said warrant.

(d) In all other cases not herein specifically provided for, the costs to be taxed by the clerk shall be the same as provided by law. The sheriff's costs for advertising personal property shall be $3,00.

(e) All costs collected in said court by the officers thereof shall be paid into the treasury of Richmond County monthly on the first, or within ten days thereof, of each month by the clerk to be ap plied to the expenses of operating said court.

"Section 37. In addition to the personnel which the chief judge may appoint as hereinbefore provided, the judges shall have the power to appoint, and at pleasure to remove two (2) secretaries to serve the judges of said court. Such secretaries shall take all steno graphic notes, transcribe the same, required by the judges of said court, and do and perform such other duties as the judges of said court may require at chambers or in court. And said secretaries, if and when so appointed under the terms of this Act, shall have the same powers and authority and exercise all the functions and be sub ject to all responsibilities and requirements of a deputy clerk of said court. The salary of the secretaries of said court shall be fixed by said judges from time to time at an amount not to exceed Four thousand Eight Hundred ($4,800.00) dollars per annum; and shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court, by the officer or officers charged by law with paying out the money of the county and charged as a part of the court expenses of said court.

The salary of said secretaries shall be increased annually by three (3%) percent of Four Thousand Two Hundred ($4,200.00) dollars for the first five (5) years of service and two (2%) per
cent of Four Thousand Two Hundred ($4,200.00) dollars for the next five (5) years of service and one (1%) percent of Four Thousand Two Hundred ($4,200.00) dollars annually thereafter for all years of service in excess of ten (10). No credit for prior service shall be granted.

No credit for service shall be granted for any time during which a person was actually an employee of the Civil Court in and for Richmond County, Georgia, and receive compensation therefor in the position for which such increase is authorized.

"Section 38. Be it enacted by the authority aforesaid, that from and after the passage of this Act the clerk of said court shall be and is hereby authorized from time to time upon direction of

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the chief judge of said court, to destroy or dispose of old records! of said court which have served their usefulness and which in the opinion of said chief judge and clerk, have no further value to the court, or to the public, but are merely occupying valuable filing; space. The authority hereby granted shall include all of the books, papers, and documents of said court now in the possession of said clerk, or which may hereafter come into his possession, of any nature and kind whatsoever, which in the case of criminal warrants, are at least five years old, all dispossessory warrants, distress war rants, peace warrants in which no defensive pleadings have been filed, and all justice of the peace court records and papers which by law have been placed in the possession of said clerk, and which, as aforesaid, in the opinion of the chief judge of said court have served their usefulness and are of no longer any value to anyone. Nothing in this Act shall authorize the destruction or disposal of the minutes, the dockets or the indices, or books of General Entry, Journals, or Cash Journals of the Civil Court, Richmond County, Georgia.

"Section 39. Be it further enacted by the authority aforesaid, that hereto attached is a copy of the advertisement of the intention to apply for this Act, that ran in the legal gazette for Richmond County, Georgia, in which the sheriff's advertisement ran, which is by reference incorporated herein and made a part of this Act.

"Section 40. Be it further enacted by the authority aforesaid, that if any Section or provision of this Act shall be held unconstitu tional, or invalid, by any court of competent jurisdiction, the cor responding original Acts hereby sought to be changed shall ipso facto and pro tanto stand reenacted and restored, and it shall not affect the validity and constitutionality of the remainder of this Act.

"Section 41. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed."

Section 2. This Act shall become effective on approval by the Governor.

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

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

On the passage of the Bill, by substitute, the ayes were 110, nays 0.

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

1000

JOURNAL OF THE HOUSE,

HB 559. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the compensation of the clerk; to change the compensation of the deputy clerk; to provide for an additional deputy clerk; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176), so as to change provisions relative to the payment of collections; to change the compensation of the clerk; to change the compensation of the deputy clerk; to provide for an addi tional deputy clerk and for his compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by the law, to be received or collected as compensation for service by the clerk of the Superior Court, shall be received and diligently collected by him for the sole use of Rockdale County, and shall be deposited to a special account by said clerk and paid by check to the governing authority of said County by the 10th day of each month. All costs payable to other county officials from said funds shall be paid from said special ac count by said clerk before remitting the remainder to said governing authority by the 10th day of each month as herein provided. At the time each check is submitted to said governing authority, it shall be accompanied by a detailed itemized statement made by the clerk under oath showing all such collections and the sources from which collected."
Section 2. Said Act is further amended by striking from Section 2 the following: "ten thousand, eight hundred ($10,800.00)" and inserting in lieu thereof the following: "twelve thousand ($12,000.00)" so that when so amended Section 2 shall read as follows:
"Section 2. The clerk of the Superior Court of Rockdale Coun ty shall receive a salary of twelve thousand ($12,000.00) dollars per annum, payable in equal monthly installments out of the funds of the County. Said salary shall be the sole compensation of the clerk

FRIDAY, FEBRUARY 19, 1971

1001

of the Superior Court of Rockdale County, whether he be ex officio clerk of other courts or not, but he shall be reimbursed for all expenses incurred in the official operation of his office."
Section 3. Said Act is further amended by striking- Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as fol lows:

"Section 3. The clerk of the Superior Court of Rockdale County shall have the authority and discretion in appointing the following clerks and employees: one (1) deputy clerk whose salary shall not exceed five thousand, one hundred ($5,100.00) dollars per annum; and one (1) full-time assistant clerk whose salary shall not exceed five thousand, one hundred ($5,100.00) dollars per annum. The sal aries of the above employees shall be payable in equal monthly installments out of county funds. Provided, however, that such other additional help as may become necessary may be employed by the clerk of the Superior Court, and he shall set their compensation, upon approval by the county governing authority."

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 110, nays 0.

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

HB 597. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Harris County upon an annual salary, as amended, so as to change the compensation of the sheriff; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and County Affairs moves to amend House Bill No. 597 as follows:
By striking in its entirety Section 3 beginning on line 1 of page 2, and by inserting in lieu thereof a new Section 3, to read as follows:

1002

JOURNAL OF THE HOUSE,

"Section 3. Said Act is further amended by inserting between Sec tions 3 and 4 a new section, to be known as Section 3A, to read as fol lows:

'Section 3A. The governing authority of Harris County shall be authorized to increase the compensation of one or more deputy Sheriffs up to the sum of $1,200.00 per annum on or after January 1, 1972. No deputy shall be eligible for any such increase except upon approval of the Sheriff of Harris County, and until his annual salary equals the maximum of $6,000.00 per annum which the sheriff is authorized to pay in Section 3 of this Act.'"

The report of the committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.

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

HB 380. By Mr. Russell of the 14th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Oconee County on a salary basis, so as to change 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.
On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 385. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, so as to remove the provisions relating to maximum compensa tion; and for other purposes.

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

FRIDAY, FEBRUARY 19, 1971

1003

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 386. By Mr. Russell of the 14th:
A Bill to be entitled an Act to provide that the members of the Board of Education of the Barrow County School system shall be authorized to meet and exercise certain powers prior to their taking 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 477. By Messrs. Levitas, Farrar, Russell and Thomason of the 77th:
A Bill to be entitled an Act creating and establishing a new charter for the Town of Decatur, as amended, so as to change the provision relative to the maximum tax levy for school 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 493. By Messrs. Northcutt, Lee and Gary of the 21st: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary; and for other purposes.
The report 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.

1004

JOURNAL OP THE HOUSE,

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

HB 538. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court and the clerk of the City Court and the Ordinary of Hall County on salary in lieu of the fee system of compensation; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 539. By Messrs. Williams, Wood and Whitmire of the llth: A Bill to be entitled an Act to amend an Act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 541. By Mr. Colwell of the 5th: A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Lumpkin County, so as to change the pro visions relative to said supplement; and for other purposes.
The report 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.

FRIDAY, FEBRUARY 19, 1971

1005

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

HB 543. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties in this State, so as to change the minimum and maximum population figures in said Act; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 544. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to be entitled an Act to amend an Act amending Code Section 21-105, relating to fees for coroners and changing the compensation of coroners in certain counties, so as to change the minimum and maxi mum population figures in said Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 545. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to be entitled an Act to amend an Act providing that the tax commissioners of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioners, so as to change the population figures in said Act; 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.

1006

JOURNAL OF THE HOUSE,

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

HB 547. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Brooks County on a salary basis, so as to change the maximum amount of salary which the sheriff shall receive; and for other purposes.

The report 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 549. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Newton County and a Chairman of said Board, so as to change the provisions relative to the election of the members of the Board of Commissioners of Newton 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.

HB 550. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge, as amended, so as to change the method of selecting the recorder; and for other purposes.

The report 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.

FRIDAY, FEBRUARY 19, 1971

1007

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

HB 556. 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 ordinary of Rockdale County in lieu of the fee system of com pensation, so as to change the salary of the ordinary; to change the salary of the deputy of the ordinary; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 557. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of com pensation, as amended, so as to change the salary of said Sheriff and the salaries of his 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.

HB 558. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Rockdale County, as amended, so as to change the salary and the expense allowance of the commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

1008

JOURNAL OF THE HOUSE,

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

HB 563. By Messrs. Vaughn and Jordan of the 74th, Thomason, Farrar, Levitas and Russell of the 77th, Dean of the 76th, Noble and Bell of the 73rd and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, as amended, so as to change the compensation of the judges 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 564. By Mr. Collins of the 62nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Camilla, as amended, so as to provide for a city manager 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.
The Bill, having received the requisite constitutional majority, was passed.
HB 565. By Mr. Collins of the 62nd: A Bill to be entitled an Act to amend an Act amending the charter of Pelham, so as to provide for a system of public schools, as amended, so as to provide for a new Board of Education for the public school system of the City of Pelham; and for other purposes.
The report 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.

FRIDAY, FEBRUARY 19, 1971

100&

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

HB 567. By Messrs. Triplett of the 93rd, Battle of the 90th, Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Gaynor of the 88th and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act incorporating, and creating a charter for the City of Port Wentworth, as amended, so as to change the salary provisions relating to the mayor and councilmen; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 574. 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", as amended, so as to change the corporate limits; and for other purposes.

The report 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 575. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Bulloch County upon an annual salary, as amended, so as to change the compensation of the deputy sheriffs; and for other purposes.

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

1010

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 576. By Messrs. Lane, Nessmith and Chance 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, as amended, so as to change the compensation of 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.

HB 577. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act providing a salary for the Coroner of Jenkins County in lieu of the fee system, so as to change the salary of the Coroners; and for other purposes.

The report 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 578. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Jenkins County on a Salary, so as to change the salary of the Sheriff and the deputy sheriff, to change the provision relative to the amount payable for furnishing food to prisoners; and for other purposes.

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

FRIDAY, FEBRUARY 19, 1971

1011

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 579. By Messrs. Ware, Mullinax and Knight of the 30th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, Georgia, as amended, 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 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 580. By Messrs. Ware, Mullinax and Knight of the 30th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, as amended, so as to increase the maximum penalties which may be prescribed for the violation of city ordinances; and for other purposes.
The report 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 585. By Mr. Carter of the 64th: A Bill to be entitled an Act to create a new board of education of Berrien County and to provide for the election thereof; and for other pur poses.

1012

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 592. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Catoosa County upon an annual salary in lieu o fthe fee system of com pensation, as amended, so as to change the compensation of the depu ties of the sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 593. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Valley, as amended, so as to provide minimum and maximum salaries for the mayor and council; and for other purposes.

The report 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 596. By Mr. Phillips of the 38th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Harris County upon an annual salary, as amended, so as to change the compensation of the clerk of the superior court; to provide an effective date; and for other purposes.

FRIDAY, FEBRUARY 19, 1971

1013

The report 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 608. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th, Miles, Mulherin and Cheeks of the 78th: A Bill to be entitled an Act to amend an Act creating an associate judge of the State court of certain counties, as amended, so as to change the population figures contained therein and the 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 601. By Mr. Phillips of the 38th: A Bill to be entitled an Act to amend an Act placing the ordinary of Harris County upon an annual salary, as amended, so as to change the compensation of the ordinary; to authorize the governing authority of Harris County to supplement the compensation of the ordinary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1014

JOURNAL OF THE HOUSE,

HB 603. By Messrs. Wood, Whitmire and Williams of the llth:
A Bill to be entitled an Act to amend an Act amending the charter for the City of Gainesville, as amended, so as to change the compensation of the commissioners and the compensation of the commissioner serving as mayor; and for other purposes.

The report 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 604. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, as amended, so as to amend said amendatory Act to provide that the City of Toccoa shall have the right, power and authority to con struct, repair, maintain, install, distribute, sell and furnish water fa cilities, sewage service, and sewer facilities to customers, persons, firms and corporations located outside the corporate limits of Toccoa; and for other purposes.
The report 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 605. By Messrs. Moore and Gunter of the 6th: A Bill to be entitled an Act to amend an Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen and providing for a commission manager form of government for said City; and for other purposes.

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

FRIDAY, FEBRUARY 19, 1971

1015

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 609. By Mr. Ross of the 26th:
A Bill to be entitled an Act to require the Chairman of the Board of Commissioners of Taliaferro County to obtain a surety bond; and for other purposes.

The report 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 611. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Chattooga County, as amended, so as to change the compensation of the Commissioner; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 612. By Mr. Floyd of the 7th:
A bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Chattooga County on a salary basis, as amended, so as to change the compensation of said Clerk; and for other purposes.

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

1016

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 613. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Chattooga County on a salary basis, as amended, so as to change the compensation of the Ordinary; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 614. 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 Sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 615. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the State Court of Chattooga, as amended, so as to change the compensation of the Judge and 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.

FRIDAY, FEBRUARY 19, 1971

1017

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 616. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act conslidating the laws chartering the City of Summerville in the County of Chattooga, as amended, so as to change the day for holding city elections; and for other purposes.

The report 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 617. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga 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 110, nays 0.

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

HB 619. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act providing supplemental compensation for the ordinary of Burke County, as amended, so as to change the supplemental compensation of the ordinary of Burke County; and for other purposes.

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

1018

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 622. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to re-incorporate the City of Harlem; and for other purposes.

The report 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 623. By Messrs. Black and Edwards of the 45th: A bill to be entitled an Act to amend an Act creating the office of Commissioner of Webster County, as amended, so as to increase the salary of the clerk of the commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 624. By Messrs. Potts, Knight, Mullinax and Ware of the 30th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan in Coweta County, as amended, so as to abolish the Water, Sewerage and Light Commission 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.

FRIDAY, FEBRUARY 19, 1971

1019

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

HB 625. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Coweta County, as amended, so as to change the provisions relating to compensation for secretarial help in the office of the solicitor; and for other purposes.

The report 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 626. By Messrs. Potts, Knight, Mullinax and Ware of the 30th: A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, as amended, so as to change the provisions relating to the compensation for clerical help in the office of ordinary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 629. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act creating and establishing a Planning Commission and Board of Zoning Appeals for Clayton County, so as to provide that the Planning Department shall notify the Clayton County Board of Education of any rezoning application; and for other purposes.

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

1020

JOURNAL OP 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 635. By Messrs. Grahl of the 40th and Nunn and Moyer of the 41st:
A Bill to be entitled an Act to create and establish an Airport Authority for the Counties of Houston and Peach and the cities of Perry and Fort Valley, and to authorize such Authority to acquire and maintain facilities appertaining to such undertaking; and for other purposes.

The report 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 636. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to consolidate the office of tax receiver and tax collector of Johnson County into the office of the tax com missioner of Johnson County; to provide for the rights, duties and liabilities of said 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 637. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Tax Collector of Johnson 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.

FRIDAY, FEBRUARY 19, 1971

1021

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 638. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Tax Receiver of Johnson 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.

HB 639. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act establishing the State Court of Johnson County, as amended, so as to change the compensa tion of the judge and the solicitor of said court; and 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 640. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Johnson County on a salary basis, in lieu of the fee system of com pensation, so as to change the compensation of the Ordinary; and for other purposes.

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

1022

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 641. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to place the Ordinary of Laurens County upon an annual salary in lieu of the fee system of compensation; to provide that all fees, costs, fines, forfeitures, commissions, other emoluments, or perquisite and other compensation of the Ordinary of Laurens County shall become the property of and be paid to the governing 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 642. By Messrs. Chappell and Larsen 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, as amended, so as to change the compensation of the sheriff; to change the compensation of the deputy sheriff; 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 643. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the Superior Court of Johnson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the County; and for other purposes.

FRIDAY, FEBRUARY 19, 1971

1023

The report 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 644. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Johnson County, as amended, so as to change the compensation of the chairman and each of the other members of said board of county 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 646. By Messrs. Geisinger and Coiling of the 72nd, Westlake and Granade of the 75th, Noble and Bell of the 73rd, Thomason and Russell of the 77th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act incorporating the City of Doraville, as amended, so as to provide for the filling of vacancies; and for other purposes.

The report 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.

1024

JOURNAL OP THE HOUSE,

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 5. By Senators Higginbotham of the 43rd, Gillis of the 20th, Tysinger of the 41st, Brown of the 47th, Zipperer of the 3rd and others:
A Resolution designating September 24, as Vietnam War Veterans' Day; and for other purposes.

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

SB 102. By Senators Rowan of the 8th and Kennedy of the 4th:
A Bill to establish the Georgia Firefighter Standards and Training Council; to provide for its membership; to repeal conflicting laws; and for other purposes.
SB 134. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to amend an Act prescribing qualifications for employment as an agent for the Georgia Bureau of Investigation of the Department of Public Safety, so as to remove the qualifications for employment as an agent of the Georgia Bureau of Investigation; and repeal con flicting laws; and for other purposes.
SB 172. By Senators McGill of the 24th, Kennedy of the 4th, Young of the 13th and others:
A Bill to amend an Act providing for the regulation of the sale of livestock at auction, as amended, so as to provide for livestock purchased at a livestock sales establishment shall be made on the same date of the purchase of the livestock and payment shall be deposited in the account of the sales establishment not later than the next banking day; and for other purposes.

The Senate has adopted the following Resolution of the House, to-wit:
HR 194. By Mr. Alexander of the 96th: A Resolution commending the Boy Scouts of America; and for other purposes.

FRIDAY, FEBRUARY 19, 1971

1025

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

SR 14. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to add three members to the State Board of Pardons and Paroles; 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 47. By Senators Reynolds of the 48th, Fincher of the 51st, Overby of the 49th and others: A Resolution creating the Richard Brevard Russell Monument Commis sion; and for other purposes.
Referred to the Committee on State of Republic.
SB 121. By Senator London of the 50th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
SB 122. By Senator London of the 50th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Pickens County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
SB 123. By Senator London of the 50th: A Bill to be entitled an Act to provide for the terms of office of mem bers of the Board of Pickens County Hospital Authority; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

1026

JOURNAL OF THE HOUSE,

SB 142. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act establishing juvenile courts, so as to require judges of the Juvenile courts to release the name and picture, if available, of any child under the jurisdiction of the court as delinquent child for the second or subsequent times; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 143. By Senators Ward of the 39th, Coverdell of the 56th, Carrard of the 37th and others:
A Bill to be entitled an Act to provide that the governing authority in any county. . . having a population of more than 500,000. . . shall appoint a Director of Registrations and Elections who shall have the duties and functions of Chief Registrar; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
SB 145. By Senators Ward of the 39th, Coverdell of the 56th, Garrard of the 37th and others:
A Bill to be entitled an Act to amend an Act providing for a Board of Elections in each county of 500,000; to create the position of Director of Registrations and Elections; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

SB 150. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating the Commissioner of Pickens County, so as to change the compensation of the Com missioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

SB 165. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Claxton, in the County of Evans, so as to create in lieu of the mayor's court a recorder's court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

SB 86. By Senator Adams of the 5th:
A Bill to be entitled an Act to amend Title 114 of the Code relating to Workmen's Compensation, so as to further define "injury", "personal injury", and "occupational disease"; and for other purposes.
Referred to the Committee on Industrial Relations.

FRIDAY, FEBRUARY 19, 1971

1027

SB 96. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act known as the Retail Installment and Home Solicitation Sales Act, so as to provide that the buyer shall have the right to cancel a home solicitation sale agree ment until midnight of the third business day following the day on which the buyer signs the agreement; and for other purposes.
Referred to the Committee on Banks and Banking.

SR 5. By Senators Higginbotham of the 43rd, Gillis of the 20th, Brown of the 47th, and others: A Resolution designating September 24 as Vietnam War Veterans' Day; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
SR 14. By Senator Kidd of the 25th: A Resolution proposing an amendment to the Constitution so as to add three members to the State Board of Pardons and Paroles; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 102. By Senator Rowan of the 8th: A Bill to be entitled an Act to establish the Georgia Firefighter Standards and Training Council; and for other purposes.
Referred to the Committee on State of Republic.
SB 134. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th: A Bill to be entitled an Act to amend an Act prescribing qualifications for employment as an agent for the Georgia Bureau of Investigation of the Department of Public Safety, so as to remove the qualifications for employment as an agent of the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on State of Republic.
SB 172. By Senators McGill of the 24th, Kennedy of the 4th, Young of the 13th and others: A Bill to be entitled an Act to amend an Act providing for the regulation of livestock sales at auctions, so as to provide for payment of livestock on the same date as purchased and payment shall be deposited by the sales establishment not later than the next banking day; and for other purposes.
Referred to the Committee on Agriculture.

1028

JOURNAL OP THE HOUSE,

By unanimous consent, the following Bills of the House were withdrawn from the Committee on Retirement and referred to the Committee on State Planning and Community Affairs:

HB 172. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Pulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Pulton County, and for other purposes," approved Feb. 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 535), so as to provide that a female teacher or employee may designate her husband as beneficiary; and for other purposes.
HB 173. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Alexander of the 96th, Adams of the 100th and many others:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," approved Feb. 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, so as to provide for preservation of maximum pension benefits by postponing the date for commencement of such benefits; and for other purposes.
HB, 174. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Alex ander of the 96th, Adams of the 100th and many others:
A Bill to be entitled an Act to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved Feb. 2, 1945 (Ga. L. 1945, p. 528) as amended, so as to provide that the right to elect to claim entitle ment to prior service credit may be exercised at any time during such employee's employment; and for other purposes.
HB 175. By Messrs. Greer and Felton of the 95th, Savage of the 10th, Alex ander of the 96th and many others:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," as amended, so as to change the definition of "minor children" from 18 years of age to 21 years of age; and for other purposes.
HB 176. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Alex ander of the 96th, Adams of the 100th and many others:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay

FRIDAY, FEBRUARY 19, 1971

1029

to teachers and employees of the Board of Education of Fulton County, and for other purposes," as amended, so as to provide for refund of overpayments of employees' contributions; and for other purposes.

HB 177. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Alex ander of the 96th, Adams of the 100th and many others:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", as amended, so as to increase the amount of dependent benefits from 60% to 70%; to reserve the right of the General Assembly to reduce the benefits under this amendment under certain circumstances, if teachers and employees later qualify for benefits under the Federal O.A.S.I. program; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Industry:
HB 645. By Messrs. Davis of the 86th, Miller of the 83rd and Whitmire and Wood of the llth:
A Bill to be entitled an Act to provide that the opportunity to cover and report in the style of that medium high school sporting events shall not be denied to any mass communications medium, nor fees or charges be levied for allowing a mass communications medium to cover and report such events; 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 91. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1971, and ending June 30, 1972, and the fiscal year beginning July 1, 1972, and ending June 30, 1973; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institu tions, and other agencies and for the university system, common schools, counties, municipalities, political subdivisions, and for all other govern mental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide a definition for the term "appropriations"; to provide for the

1030

JOURNAL OF THE HOUSE,

control and administration of funds; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1971, and ending June 30, 1972, and the fiscal year beginning July 1, 1972 and ending June 30, 1973, as prescribed hereinafter of each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1971. Provided further that additional sums of money from sources other than the General Funds of the State as shown in the Governor's recommendations contained in the Budget Report are appropriated by this Act as specified in the recommendations, except as otherwise specified in this Act. Provided, further, that the sum of the object classes as shown in the Governor's Recommendations in the Budget Report except as otherwise specified in this Act is deemed to be the appropriation as referred to in Sections 40-402, 40-412, 40-413 of the Georgia Code Annotated.

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 operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fish eries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the Legisla tive 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 constitu tional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Of fice of Legislative Counsel as authorized by law.
Operations
F.Y. 1972 ____.____,,_.___________,, $ 5,490,000.00
F.Y. 1973 ......__...-...-.___.-.-.__.._._.___-_.._.. _........_..$ 5,975,000.00

FRIDAY, FEBRUARY 19, 1971
Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby au thorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legisla tive Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.
Section 2. Audits, Department of.
Operations--Audits
F.Y. 1972 .
F.Y. 1973
Operations--Tax Ratio Study
F.Y. 1972 _,,..____,,______
F.Y. 1973 __,,__.._______,,____

1031
1,036,077.00 1,195,591.00
350,000.00 350,000.00

PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, includ ing salaries of Justices and the employees of the Court, their retirement contributions and two Emeritus posi tions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position estab lished 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 de fendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479. Operations
F.Y. 1972
F.Y. 1973
Section 4. Court of Appeals. For the cost of op erating the State Court of Appeals, including salaries and retirement contributions of judges and employees

682,892.00 704,110.00

1032

JOURNAL OF THE HOUSE,

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.

Operations

F.Y. 1972 ...._ F.Y. 1973 __...

Section 5. Superior Courts.

746,559.00 765,924.00

A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent ex pense allowances authorized by law, the payment of mileage as authorized by law, the payment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year.
Operations
F.Y. 1972
F.Y. 1973
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 1971 session of the General Assembly.

2,445,159.00 2,462,007.00

B. For payment of salaries, contingent expense allowances, and other expenses as may be authorized by law for the District Attorneys, Assistant District At torneys, and District Attorneys Emeritus. Provided, however, that the listed appropriation shall be in creased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position estab lished during the fiscal year.
Office of District Attorneys--Operations
F.Y. 1972
F.Y. 1973

1,403,775.00 1,416,730.00

FRIDAY, FEBRUARY 19, 1971
Section 6. For the cost of printing and distribut ing the reports of the Supreme Court and Court of Appeals.
Operations
F.Y. 1972 _...._.__._.._.__..__....-.___._..___._._$ F.Y. 1973 ._.._...____.....__..._._..__________---$

1038
53,000.00 53,000.00

PART III

EXECUTIVE BRANCH

Section 7. State Board of Education--Department of Education.

A. Operations.

F.Y. 1972 F.Y. 1973

400,278,985.00 425,651,803.00

Provided that none of the funds appropriated above may be used to initiate or commence any new program or project unless such program or project has been authorized by the General Assembly.
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 employer contributions to the Teachers Retirement System ap plicable to such salary.
Provided that $50,000 in operating expenses shall be used to provide vocational rehabilitation services to eligible persons who have rental diseases.

B. Construction:

Authority Lease Rentals Departmental

F.Y. 1972 ________-.___.-..________._,, F.Y. 1973 --___--___--__.-- ._.-

437,269.00 437,269.00

Grants to Systems through Georgia Education Au thority (Schools)

F.Y. 1972 ..__..__...__..._......__....__..,,__._..._._._._...__. F.Y. 1973 .._.-.._-_-._...,,........_...._._..._______________

22,492,259.00 27,692,259.00

1034

JOURNAL OF THE HOUSE,

Grants Direct to School Systems for Capital Outlay Purposes

F.Y. 1972 F.Y. 1973

2,674,923.00 2,674,923.00

Provided that from the above appropriation for Grants to School Systems through the Georgia Educa tion Authority (Schools) for Fiscal Year 1973, $1,200,000 is designated and committed for additional lease rentals to said Authority to permit the issuance of bonds to finance new projects for the early childhood educa tional program.

Section 8. State Board of Regents.

A. Operations.

F.Y. 1972 F.Y. 1973

163,818,006.00 178,915,653.00

Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers Retirement System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General Fund, from the Federal Govern ment, or from any other source shall be available for use or expenditure for educational and general or plant purposes until made available by written ap proval of the Budget Bureau, in accordance with the provisions of the Budget Act as amended.

B. Construction: Capital Outlay

F.Y. 1972 F.Y. 1973

1,140,000.00 2,200,000.00

Authority Lease Rentals
F.Y. 1972 ___._._____,, F.Y. 1973 -.____,,-,,-

16,198,790.00 19,156,170.00

FRIDAY, FEBRUARY 19, 1971

1035

Provided that from appropriated funds, the amounts of $19,037,733 in F.Y. 1972 and $21,995,338 F.Y. 1973 are designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided none of the funds herein appro priated for construction shall be available for the pur chase 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 amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Consti tution. The Board of Regents shall immediately re port the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.

Section 9. Educational Improvement Council.

Operations
F.Y. 1972 F.Y. 1973

140,000.00 145,200.00

Section 10. Higher Education Assistance Committee.

Georgia Higher Education Assistance Corporation
F.Y. 1972 _..___,-__,,,,_,,_.____________._____________,,___ F.Y. 1973 ._.._.__.,,....-._....___._.__.......,,.________._...............

706,758.00 692,064.00

Georgia Higher Education Assistance Authority
F.Y. 1972 ____ ..... F.Y. 1973 ___________

239,461.00 350,818.00

Section 11. State Scholarship Commission.
Operations F.Y. 1972 _______ F.Y. 1973 ._________________._.,,._._.___.______________________

1,220,692.00 1,314,555.00

1036

JOURNAL OF THE HOUSE,

Section 12. Medical Education Board.

Operations

F.Y. 1972 ..__.._._.-__-.-...-.._.._.._.........__.........,,_.._..$ F.Y. 1973 .__-_-_--_-,,-----___--___,,-_$

22,750.00 26,500.00

Scholarships

F.Y. 1972 ___.________________________...._________$ F.Y. 1973 __..__.__________________________..$

251,000.00 294,250.00

Section 13. Georgia Commission on the Arts.
Operations F.Y. 1972 ___._________.________._.________,,___$ F.Y. 1973 ________________________$

109,192.00 127,353.00

Section 14. Georgia Historical Commission. Operations
F.Y. 1972 __.________________________________...__$ F.Y. 1973 ____._._.____________________________________ $

485,000.00 510,000.00

Construction: Capital Outlay
F.Y. 1972 ___________________.________________.$ F.Y. 1973 .__._...________ ,,,,__,,_,,,,,,__.__.$

50,000.00 50,000.00

Commission for the Bicentennial Celebration-- Operations
F.Y. 1972 _.____________________________________ $ F.Y. 1973 ______________________________________$

30,000.00 32,000.00

Section 15. Teachers Retirement System. Operations
F.Y. 1972 __......-...__.-.....-_.___.._.........,,__-.._....._.___..._.._ F.Y. 1973 ___________.._..._-__.......-__._........,,_.__..._...

--0-- --0--

FRIDAY, FEBRUARY 19, 1971

1037

(No direct State General Fund appropriation is required).

Section 16. Public School Employees Retirement System.

Operations

F.Y. 1972 -.__.____---_,,.____,, $ 2,451,217.00 F.Y. 1973 _....._.___._...______.._.____._....__.._....________..-......__$ 2,451,217.00

Section 17. Department of Public Health.

A. Medical Care Administration--Operations

F.Y. 1972 __________________________ $ 53,606,400.00

F.Y. 1973 _-_____-....__.___-...____._.-....--__-..._.______...._____..$ 60,805,600.00

B. Health Surveillance and Disease Control--

Operations

F.Y. 1972 ....____.__...____......____...____._.__._._$ 7,170,400.00 F.Y. 1973 ________..__....____..__...........__...$ 7,604,400.00

For the cost of operation, including in-patient hos pital 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 Northwest Georgia Regional Hospital.

C. Community Health Services and Facilities-- Grants to Counties
F.Y. 1972 ,,.__________________--__.-__..._$ 9,891,700.00 F.Y. 1973 _________________.......__-____.._._-_.-...$ 13,006,300.00
D. Environmental Health--Water Quality Control
F.Y. 1972 ___....._.___-__.._........_._.....____._...._..$ 9,594,500.00 F.Y. 1973 __.________-._-______._.____,,,,_____________ $ 9,647,600.00
Other operations
F.Y. 1972 --__...__._...____.._.__.._._...__...$ 1,928,300.00 F.Y. 1973 .___..---..____.._______.__-______-__...$ 1,931,700.00

1038

JOURNAL OF THE HOUSE,

E. Mental Health--Operations, including pre-ad mission and post discharge services

F.Y. 1972 _______._____.__._____..--..-.._.._-___-__...._______-_---.______-_.$ 80,070,300.00 F.Y. 1973 .__-_-........._______.......-.______..........______._..-.. .______.$ 84,198,000.00

Authority lease rentals

F.Y. 1972 -_-...-....._____,,_.....-.________-_....-_-_______._._--_______-_. $ F.Y. 1973 .-......--.____.........__._____.-_.. ..._._____........___.___.._...__$

5,610,000.00 5,610,000.00

Capital Outlay

F.Y. 1972 ...._______.......,,.________,,......_.____.-..........____._-......$ F.Y. 1973 --.----_------,,_.,,-----,,-.,, $

300,000.00 300,000.00

F. General Administration--Operations

F.Y. 1972 ...__....______.._.........__.._..__.__...._...$ F.Y. 1973 __.....-.-._._--._.-.-...-.-.,,._.__...-.-.-..._______--..-...-.-_$

4,033,800.00 4,156,020.00

Provided that for the purpose of receiving Fed eral 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 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 additional personnel as necessary to meet requirements for payment or reimbursement, subject to prior ap proval by the State Budget Bureau.

Section 18. Department of Labor--Commissioner's Office and Inspection Division.

Operations

F.Y. 1972 F.Y. 1973

-_.___,,,,_.__ -__,,_

$ 431,300.00 $ 448,700.00-

Section 19. Highway Department.

A. Appropriation of all funds in subsections A., B., and C of this Section 19 is to be in conformity with and

FRIDAY, FEBRUARY 19, 1971

1039

pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fis cal 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 de termined on the records of the State as being the ap propriation 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 Budget Report, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

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 available for matching Federal apportionment for the same year. For the cost of road and bridg'e construction and sur veys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, 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, de lete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, fur ther, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 9010 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts es sential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues

1040

JOURNAL OP THE HOUSE,

actually paid into the Treasury and constitutionally ap propriated to the State Highway Department.

Operations (including Capital Outlay)

F.Y. 1972 ...__--__.._.-_....___-----------..____-__-__,,$ 131,943,454.00 F.Y. 1973 -___-.__-__--_-__.__-_---_---------________._$ 139,630,539.00

Construction: Authority lease rentals

F.Y. 1972 ........................................^ 21,739,533.00 F.Y. 1973 ....-__._.-_..--..-...-.....-..,,-.----__.--.--...----.$ 23,052,448.00

B. Grants to counties. For grants to counties for county road construction and maintenance. Grants shall be distributed and disbursed by the State Treasurer as provided by law.

Grants
F.Y. 1972 _____------------------------$ 4,817,013.03 F.Y. 1973 _-__.___...____,,____,,__.___.__...._.._$ 4,817,013.0a
C. For grants to counties for aid in county road construction and maintenance.

Grants
F.Y. 1972 ..._______,,___________.,,__-._,,_____.....__,,$ F.Y. 1973 _.___.........------.......------....$

4,500,000.00 4,500,000.0a

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 mileages 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

FRIDAY, FEBRUARY 19, 1971

1041

audit shall be deducted from funds granted to such county in any future year.

D. Grants to Municipalities for Capital Outlay. For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. Grants

F.Y. 1972 __......___________________________.__.? F.Y. 1973 __._.__.....___.....__......__......__........._.....___.....$

9,317,000.00 9,317,000.00

Provided, further, that a member of governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipali ty in any future year.

E. Airport Development--State Share of Airport Development.
Construction: Capital Outlay
F.Y. 1972 ._.___.______,,,,________-___._,,__ $ F.Y. 1973 -_.___...____.....__...._.._.._...__.._.._.. $

976,347.00 976,347.00

Section 20. Public Service Commission. Operations
F.Y. 1972 .__...__....._.__......__._..__....._....._._........_...__. $ F.Y. 1973 ....._.__..,,......_.._..._....._........_......_..._.__......$

813,343.00 833,731.00

Section 21. Commission on Aging. Operations
F.Y. 1972 _____._______._.___.__._.___...___.____.______________.______.._.$ F.Y. 1973 __..._.-_.....-.__...__......__....._._......-_.._.__..._......$

66,539.00 69,927.00

1042

JOURNAL OF THE HOUSE,

Section 22. Department of Family and Children Services.

Operations

F.Y. 1972 -_..___-._..____.,,_____.......___..___.._.._.._...___$ 78,151,639.00 F.Y. 1973 _-.-..__-...._______....______-...._____-..-_.._____--,,.___ $ 104,947,970.00

Section 23. Workmen's Compensation, State Board of.
Operations
F.Y. 1972 __-...._.-.,,__-.-...____.._.-__..-.______-____-.$ F.Y. 1973 _,,-...___-_,,___-.-.____.--...___-.-.___..__-.--.______$

762,044.00 773,402.00

Section 24. Department of Veterans Service-- Veterans Service Board.
Operations
F.Y. 1972 __._.__.........__.......______..,,____--,, -F.Y. 1973 __.__..___.________

$ 3,333,112.00 $ 3,602,246.00

Section 25. Department of Labor--Employment Security Agency

A. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.

Operations F.Y. 1972 ._._....__-....-______-......._____.._.___-_.____.....___-_-._ $ F.Y. 1973 ____-.--,,-.___-,,,,-__--__ $
B. Work Incentive Activity. Operations
F.Y. 1972 ._...____......_____.....____....._._....__,,. ,,. $ F.Y. 1973 __...____.___-._....__..._._..._-.-_......._....._. $

115,000.00 115,000.00
362,739.00 362,739.00

FRIDAY, FEBRUARY 19, 1971

1043

Section 26. Industry and Trade, Department of.

Operations

F.Y. 1972 __._.__,,_______.__._. $ F.Y. 1973 --------_.---____.____,,__,,___$

2,840,027.00 2,683,873.00

Construction: Capital Outlay

F.Y. 1972 ,,_,,_.______,,,,.____.,,____ F.Y. 1973 ______________._.____,,___$

--0-- 223,500.00

Authority Lease Rentals

F.Y. 1972 ._.._...___...,,__..,,__...____...__._..._..,,._...,,_...._._..._$ F.Y. 1973 -_.--..__-__,,,,__,,____$

2,000,000.00 2,000,000.00

Section 27. Science and Technology Commission. Operations
F.Y. 1972 ._,,._..__.....--_..___.,,_.......___...._......,,.....__..._.. $ F.Y. 1973 ....-___..-._,,....,,.._.,,_-_.....__...,,...._......_._..._$

105,000.00 108,200.00

Section 28. Agriculture, Department of.

Operations

F.Y. 1972 __....._...__._..........._,,..__._..._.____.______$ F.Y. 1973 ......._...__...._.___.__....__.____..._...__...._$

8,913,530.00 9,128,227.00

Construction: Capital Outlay

F.Y. 1972 -...-.__..-..___......_____._.__..__._-__._.___..__...__....$ F.Y. 1973 ___...__......._....._-._.___..._._.._..____.._.._

160,000.00 --0--

Authority Lease Rentals

F.Y. 1972 .__.._____...____...,,__....__...._.__..__.__,,_.,,__ ,,,,__,,$ F.Y. 1973 _...__-.-.-_......__....____....._.,,.__._..._....___._.$

1,125,000.00 1,125,000.00

Fire Ants

F.Y. 1972 .__._...__..___...__...,,......__....__,,...,,.._._..____$ F.Y. 1973 .--___--___-__--...._._.._._...-_.....-_..___.._.$

1,500,000.00 1,500,000.00

1044

JOURNAL OF THE HOUSE,

Indemnities

P.Y. 1972 F.Y. 1973

Provided, that from the above appropriated amount for Authority Lease Rentals, $225,000 is designated and committed to pay rentals to the Georgia Building Au thority (Markets) to permit the issuance of bonds to finance new projects. Provided, that the Department of Agriculture shall set as a rental for any facility or part thereof constructed with capital outlay or bond proceed funds, a rental rate which, on lease of one (1) year or longer, will amortize the cost of pro rata cost of construction over a period of 30 years on the rea sonable life of the facility if the same should be less than 30 years.

236,600.00 236,600.00

Section 29. Department of Mines, Mining and Geology.
Operations: General Operations
F.Y. 1972 ._.__....__..__._._._...__________._.__ $ F.Y. 1973._.._._.._...__._.__._._..__...._.___...._$
Water Resources Research
F.Y. 1972 _..._._...__...._--.._--.__....._...... $ F.Y. 1973 ._____________________________...._.... $
Topographic Information
F.Y. 1972 .______._._._.._.___..__...__...___.__.. $ F.Y. 1973 _..__.__...._.___-___._.__.___,,.....___.. $

348,100.00 396,100.00
186,000.00 186,000.00
35,000.00 600,000.00

Section 30. Ocean Science Center of the Atlantic. Operations
F.Y. 1972 ______.__________.._______..$ F.Y. 1973 ._._-__..________..- ___.--._-.-___. $
Construction: Capital Outlay F.Y. 1972 ______.....__.._____....___.._..__... $ F.Y. 1973 ________:_____.__...________..$

285,000.00 299,250.00
490,000.00 878,000.00

FRIDAY, FEBRUARY 19, 1971

1045

Section 31.

Altamaha River Basin Development Commission. Operations

F.Y. 1972 ___._....__._.__.__________.___$ F.Y. 1973 .__.________________-.______..._._.____..._$

45,000.00 45,000.00

Section 32. Georgia Commission for the Develop ment of the Chattahoochee River Basin.

Operations

F.Y. 1972 ________________________...._________.$ F.Y. 1973 ___.____._________________________$

6,920.00 6,920.00

Section 33. Public Safety, Department of

Operations

F.Y. 1972 ____._____....__________________.____$ 17,021,018.00 F.Y. 1973 ._________________________..._____$ 17,378,288.00

Construction: Capital Outlay

F.Y. 1973 ._______,,___.____________________._____.$ 1,000,000.00

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 As sociation of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Section 34. Pharmacy Board.

Operations

F.Y. 1972 _____ F.Y. 1973 ____.

239,842.00 253,300.00

Section 35. Probation, State Board of.

Operations

F.Y. 1972 ....____________________________ F.Y. 1973 ....____________________________

2,197,400.00 2,300,000.00

1046

JOURNAL OF THE HOUSE,

Section 36. Pardons and Paroles, State Board of. Operations

F.Y. 1972 ______ ._________.___._____.-.__-----$ 1,404,500.00 F.Y. 1973 -...__...__,,_._....____-._.-_.-...__--.__--.__.--.._.$ 1,475,000.00

Section 37. Corrections, State Board of. Operations

F.Y. 1972 .-..._,,_...-.__-_...-___-...-.-___...,,,,-....-,,..._,,...--_$ 17,108,693.00 F.Y. 1973 _-_________-___.___-_--__,,__-______-____-__.____,,---.,,--_-_$ 17,994,230.00

Construction: Capital Outlay

F.Y. 1972 _...___.._,,._._.-_._.,,,,.-..___.-.._--..___-...___---.$ F.Y. 1973 _-____--________..__......_.....-__.....-.._._....._.._$

440,000.00 --0--

Authority Lease Rentals

F.Y. 1972 ,,_._._.__._-.___-.-._._..._____..__......._,,..$ 1,273,000.00 F.Y. 1973 -____,,-___________.___.____......._..$ 1,273,000.00

Provided that no funds appropriated in this Section or otherwise available shall be used to pay a salary in" excess of the Director's salary, except salaries for physicians.

Section 38. Coordinator of Highway Safety. Operations

F.Y. 1972 _._.__..____--_._____,,______-_--_______....._____$ F.Y. 1973 -_-_...,,__._.____-.-.-..__,,-...._..._,,_.-_..._,,_.__._.$

106,350.00 110,325.00

Section 39. Defense, Department of. Operations

F.Y. 1972 .__.....____.__..._..._,,._......_,,......_____....._..,,____...$ 1,188,908.00 F.Y. 1973 -..-..__-.....-._._..._.......__..,,.......__...........,,..,,,,,,....$ 1,461,370.00

Section 40. Comptroller General. Operations

F.Y. 1972 .._....__..........._____....._.__,,.__,,__.._.____,,_.$ 1,820,100.00 F.Y. 1973 -....,,_.,,....._,,.___,,,,,,._,,.____.......____,,,,_._...__._..._______$ 1,888,300.00

PEIDAY, FEBRUARY 19, 1971 Section 41. Banking, Department of.
Operations F.Y. 1972 _____________.____________________$ F.Y. 1973 _________________...._________________.$

1047
903,103.00 921,906.00

Section 42. Literature Commission.
Operations F.Y. 1972 _________________________._$ F.Y. 1973 __.________________________..__$

20,000.00 20,000.00

Section 43. Game and Fish Commission.

Operations
F.Y. 1972 __________________________________$ F.Y. 1973 _____________._________________________ $

4,473,600.00 4,703,900.00

Construction: Capital Outlay
F.Y. 1972 ___________,,_________________________.._________._$ F.Y. 1973 _________________-__________________$

89,000.00 --0--

Section 44. Recreation Commission.
Operations F.Y. 1972 _...____________________.________________._$ F.Y. 1973 __-____--__________-_____-________-_____-___-_$

124,385.00 127,319.00

Section 45. Stone Mountain Memorial Committee.
Operations
F.Y. 1972 ________________________________________ F.Y. 1973 _________________________________________
(No direct State General Fund appropriation is required).

--0-- --0--

1048

JOURNAL OF THE HOUSE, Section 46. Jekyll Island Committee.

Operations F.Y. 1972 F.Y. 1973 Section 47. North Georgia Mountains Commission.

200,000.00 --0--

Operations
F.Y. 1972
F.Y. 1973
Construction: Capital Outlay
F.Y. 1972 .-...__....._...,,..___
F.Y. 1973 -_..._.-.._-....__._..
Provided that of the above appropriated amount for F.Y. 1972, $86,000 shall be used only to provide moveable equipment and furnishings from 20 cottages con structed under Economic Development Administration project number 04-1-00092P.
Provided that of the above appropriated amount for FY 1973, $194,500 shall be used only to provide for moveable equipment and furnishings for a lodge con ference center constructed under Economic Develop ment Administration project number 04-1-00092P. Pro vided, further, that $85,500 of the appropriated amount for FY 1973 shall be used only for open space develop ment and landscaping for EDA project 04-1-00092P.

265,597.00 334,500.00
153,103.00 289,600.00

Section 48. Lake Lanier Islands Development Com mission.

Operations
F.Y. 1972 _.. F.Y. 1973 _..

249,500.00 262,000.00

Construction: Capital Outlay

F.Y. 1972 ._...__,,__,,_.___.__.____,,__._..___$ F.Y. 1973 _,,_-___,,.________.__________._____,,____..__.___.__..$

1,029,000.00 307,000.00

FRIDAY, FEBRUARY 19, 1971

1049

Section 49. Parks, Department of.

Operations

F.Y. 1972 _.__.________.,,___________._________._____ $ F.Y. 1973 _________________.__________._.___.______$

2,345,505.00 2,371,710.00

Natural Areas Council

F.Y. 1972 _________________._____._.____________,,___.$ F.Y. 1973 ____________________________________________ $

36,500.00 38,000.00

Construction: Capital Outlay

F.Y. 1972 ________________________________________ $ F.Y. 1973 ______-__,,.._..,,______...$

828,892.00 765,290.00

Authority Lease Rentals

F.Y. 1972 _____________________________________________ $ 2,346,000.00 F.Y. 1973 ...___________________________________.$ 2,346,000.00

Provided, that from the above appropriated amount for Authority Lease Rentals, $200,000 is designated and committed to pay rentals to Jekyll Island--State Parks Authority to permit the issuance of bonds to finance new projects at Jekyll Island.

Provided, that no land shall be purchased for State Park purposes without the approval of the State Prop erties Acquisition Commission.

Section 50. Soil and Water Conservation Com mittee.
Operations
F.Y. 1972 F.Y. 1973

511,200.00 532,700.00

Section 51. Forest Research Council.
Operations F.Y. 1972 __________________________ F.Y. 1973 ____________________________

460,000.00 470,000.00

1050

JOURNAL OF THE HOUSE,

Section 52. Forestry Commission.

Operations

F.Y. 1972 _____,,-.-_--,,____..______-_.__.___.--$ 7,206,100.00 F.Y. 1973 _-__.--.___--,,____-__,,-..__-.._.....,,_..__.___.$ 8,059,200.00

Construction: Capital Outlay

F.Y. 1972 _,,___._.-_,,-_,,_-__.--_---------$ F.Y. 1973 --_-.-__-_,,--__--__.._--_-___-__--_-----_----$

60,000.00 60,000.00

Section 53. Mineral Leasing Commission.

Operations

F.Y. 1972 -.----..^---^-.. ------.--.---.--.----$ F.Y. 1973 ..-.__.-.-_--.___.-_--.__--..__---_.._---_-----$

5,000.00 5,000.00

Section 54. Department of Mines, Mining and Ge ology, Surfaced Mined Land Use Board.

Operations

F.Y. 1972 _..__.._-...__-..._,,___,,.,,..._.-..._-.....__....__-....._$ F.Y. 1973 ....... .................. ................ ......^

176,000.00 190,000.00

Section 55. Treasury, State. Operations
F.Y. 1972 ................................_................ ^ F.Y. 1973 -_.-__.-..._-_-..-.-,,._.-._.__...-__-.-._____.-..__-....___-.-..._-$

169,300.00 174,700.00

Section 56. Budget Bureau. Operations
F.Y. 1972 __..__..-___..-...____-..__.......__...,,..-....__.....__.-......$ F.Y. 1973 ,,_--------_ .-.__....,,___.......$

433,190.00 450,511.00

Section 57. Revenue, Department of. Operations
F.Y, 1972 -....,,-.___-.-.__,,-.._._.-..__...,,..__..._.-.....__-..._.$ 14,431,300.00 F.Y. 1973 ........................ ..^....^^^ 15,070,500.00

FRIDAY, FEBRUARY 19, 1971
Loans to Counties--Tax Reevaluation
F.Y. 1972 _____.________,,_____________.-____.--_----$ F.Y. 1973 _..--_ ,,- - . . --- .. $
Motor Vehicle Tag Purchases
F.Y. 1972 -,,-_-.-_._-___,,-___-,,.___.-----.--$ F.Y. 1973 ----_---_-__-------- $
In addition, there is hereby appropriated for each fiscal year the amount of such repayment of county tax evaluation loans as may be made by such counties dur ing the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $284,088 in FY 1972 and $208,035 an FY 1973. Such amounts shall be available for further tax evaluation loans to counties.
Section 58. Employees Retirement System.
Operations
F.Y. 1972 ----__-,, ._---_-------_-F.Y. 1973 ------ ----
(No direct State General Fund appropriation is required).
Section 59. Employees Assurance Department.
Operations
F.Y. 1972 ,,-------------------_------------------F.Y. 1973 __._._..,,-____.._..-___....._.-__-___._..._.._._.__......____-_....
(No direct State General Fund appropriation is required).
Section 60. State Merit System of Personnel Administration.
Operations
F.Y. 1972 _----------------------------.--------F.Y. 1973 ---.----------------
(No direct State General Fund appropriation is required).

1051 40,912.00 116,965.00 368,450.00 392,850.00
---0-- --0--
--0-- --0--
--0-- --0--

1052

JOURNAL OF THE HOUSE,

Section 61. Secretary of State.

Operations

F.Y. 1972 ....._._________________________.._______.____________.$ 3,800,422.00 F.Y. 1973 ___________________,,.__________.____.___--$ 3,993,494.00

Special Repairs

F.Y. 1972 ____......____.......___.........____________.$ F.Y. 1973 _______.____...........______...___$

100,000.00 100,000.00

Construction: Authority Lease Rentals
F.Y. 1972 ..___...................___.....__._..._________$ F.Y. 1973 ___________________________________..__...._________,,$

815,000.00 815,000.00

Section 62. Library, State. Operations
F.Y. 1972 _________________________________..._.________...._._.__$ F.Y. 1973 ___--_..._-_.______._.______..________.__._.____$

141,362.00 146,324.00

Section 63. State Computer Service Center. Operations
F.Y. 1972 __________________________________._.............$ F.Y. 1973 _--.__-_____.._________..___________. $

400,000.00 400,000.00

Section 64. Purchases, Supervisor of. Operations
F.Y. 1972 ----_--.--___---_......._._......_.___$ F.Y. 1973 ______.______..-_._,,.____._____........__.._..__._$

999,204.00 1,028,345.00

Section 65. Capital Square Improvement Committee.
Operations
F.Y. 1972 _______,,_.________________..........._..........__.._..$ F.Y. 1973 ..-.-....-..---..-.---...-.---...----.-------...I

150,000.00 150,000.00

FRIDAY, FEBRUARY 19, 1971

1053

Construction: Authority Lease Rentals F.Y. 1972 __....___,,_.__..______.__...__-. F.Y. 1973 ___.____________________________ Section 66. State Properties Control Commission.
Operations F.Y. 1972 ___________.____.____________...____.____.$ F.Y. 1973 _.....________.__..___.____.___..___.__. f

3,112,752.87 3,112,752.87
50,000.00 50,000.00

Section 67. Air Transportation, Department of
Operations
F.Y. 1972 ,,____._.___________._____._._.______
F.Y. 1973 _.______.__-__.___._______.-____._-. ..__
Section 68. Executive Department--Office of the Governor.
For the costs of operating the Executive Depart ment, including the costs and maintenance expenses for 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 Governor's Conferences, the Southern In terstate Nuclear Compact, and the Advisory Commis sion on Intergovernmental Relations, and other special committee expenses.

317,256.00 332,478.00

Operations F.Y. 1972 .___. F.Y. 1973 ___.
Mansion Allowance F.Y. 1972 ._____.__.______..___._..____..__.. $ F.Y. 1973 .____________.__________ . ___..,,_. $

638,200.00 664,300.00
25,000.00 25,000.00

Section 69. Executive Department--Governor's Emergency Fund.

There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in

1054

JOURNAL OF THE HOUSE,

his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Emergency Fund
F.Y. 1972 ______ F.Y. 1973 ______

2,000,000.00 2,000,000.00

Section 70. Law, Department of.
For the cost of operating the Department of Law, provided that the compensation of all Assistant At torneys 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 respec tive agency for the purpose for which provision is made in this item, unless the payment is for reimburse ment to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General of Deputy Assistant Attorneys General assigned by the Attorney General of Georgia to perform specific items of legal work in con nection with the acquisition of rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Executive Department for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor.

Operations
F.Y. 1972 F.Y. 1973

1,163,648.00 1,224,040.00

Section 71. Bureau of State Planning and Com munity Affairs.
Operations
F.Y. 1972 ____,,. F.Y. 1973 .......

918,085.00 973,340.00

FRIDAY, FEBRUARY 19, 1971

Grants:

Area Planning and Development Commissions

F.Y. 1972 __,,,,____,,___

F.Y. 1973

___,,_._______.______

Provided that each of the 19 Area Planning and Development Commissions shall receive a grant of $65,000 annually. No local matching of the State grant shall be required.

Section 72. Grants to Counties and Municipalities. Grants to Counties (Act 607, Ga. Laws, 1967, p. 888)

1055
1,235,000.00 1,235,000.00

F.Y. 1972 F.Y. 1973

2,600,000.00 2,600,000.00

Grants to Municipalities (Act 609, Ga Laws 1967, p. 889)

F.Y. 1972 F.Y. 1973

4,200,000.00 4,200,000.00

Grants to Municipalities (New Legislation)

F.Y. 1972 F.Y. 1973

..$ 6,355,600.00

Section 73. 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 gaso line.
Section 74. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is here by appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the

1056

JOURNAL OF THE HOUSE,

payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appro priated for the fiscal year beginning July 1, 1971, and for each and every fiscal year thereafter, until all pay ments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution in volved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds.

Section 75. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General As sembly at the regular 1971 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds what soever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require oper ating funds or capital outlay funds beyond the cur rent biennium, and provided, further, that no funds whatsoever shall be transferred between objects with out the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees 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 an nual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any department, bureau, board, commission, institution or other agency of this State are in violation of this Sec tion or in violation of any amendments properly ap proved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to

FRIDAY, FEBRUARY 19, 1971

1057

objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 76. The Budget Bureau is hereby directed to economize 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 ap proved 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. Provided, further, that in those program areas where Federal funds are accepted by any budget unit of the State, the Budget Bureau shall reduce the State Gen eral Fund appropriations for any item or part thereof which can be financed with Federal funds in lieu of the State General Funds under the terms of the Federal
Grant.

TOTAL APPROPRIATIONS
F.Y. 1972 ______________,,____._________.___________._._____.$l,175,i91,781.90 F.Y. 1973 .____________.___,,,,__-.-...._-....__._._._....$l,288,316,935.90
Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 78. All laws and parts of laws in .conflict with this Act are hereby repealed.

The Speaker resolved the House into a Committee of the Whole, designating Mr. Floyd of the 7th as Chairman thereof, for the purpose of considering HB 91.

The Committee of the Whole arose and through its Chairman reported HB 91 back to the House with the recommendation that the same Do Pass, by sub stitute, offered by the Committee on Appropriations, as amended by the Com mittee of the Whole.

The following Committee substitute was read:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1971, and ending June 30, 1972, and the

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JOURNAL OF THE HOUSE,

fiscal year beginning July 1, 1972, and ending June 30, 1973; to make and provide such appropriations for the operation of the State Gov ernment, its departments, boards bureaus, commissions, institutions, and other agencies and for the university system, common schools, counties, municipalities, political subdivisions, and for all other gov ernmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide a definition for the term "appropriations"; to provide for the control and administration of funds; to repeal conflicting laws; and fqr other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1971, and ending June 30, 1972, and the fiscal year beginning July 1, 1972 and ending June 30, 1973, as prescribed hereinafter of each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1971. Provided, further, that additional sums of money from sources other than the General Funds of the State as shown in the Governor's recommendations contained in the Budget Report are appropriated by this Act as specified in the recommendations, except as otherwise spe cified in this Act. Provided, further, that the sum of the object classes as shown in the Governor's Recommendations in the Budget Report ex cept as otherwise specified in this Act is deemed to be the appropria tion as referred to in Sections 40-402, 40-412, 40-413 of the Georgia Code Annotated.

PART I LEGISLATIVE BRANCH Section 1. Legislative Branch.

A. For compensation, expenses, mileage, allow ances; air travel expense, and benefits for members of the General Assembly, and for the officials, em ployees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legis lative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other inci dental expenses for the Legislative Branch; for the necessary cost of renovating and repairing the hous ing and other facilities for the Legislative Branch, for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly, and the an nual report of the State Auditor to the General As sembly; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized
by law.

FRIDAY, FEBRUARY 19, 1971

1059

Operations
F.Y. 1972
F.Y. 1973
Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby au thorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legis lative Branch which may include that no such funds may be expended without prior approval of the Com mittee. 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 Gov ernment with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.
B. For election blanks and other election expense, including publishing Constitutional Amendments.
F.Y. 1972 _____________________________.___________$
F.Y. 1973 ___________________________.___._______$

4,825,000.00 4,825,000.00
425,000.00 425,000.00

C. For all costs of Georgia Official and Statistical Register.
F.Y. 1972 _____ F.Y. 1973 _____

90,000.00 90,000.00

Section 2. Audits, Department of.

Operations--Audits F.Y. 1972 ._-_.___._______________. F.Y. 1973 _____________

1,036,077.00 1,036,077.00

Opertions--Tax Ratio Study F.Y. 1972 _________________ F.Y. 1973 _________________

350,000.00 350,000.00

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, includ-

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JOURNAL OF THE HOUSE,

ing salaries of Justices and the employees of the Court, their retirement contributions and two Emeritus posi tions. Provided, however, that the list appropriation shall be increased by the amount of $12,000.00 per an num for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defend ants in criminal cases on appeal as provided in Geor gia Laws 1953 Nov.-Dec. Sess., pp. 478-479.

Operations

F.Y. 1972 F.Y. 1973

682,892.00 682,892.00

Section 4. Court of Appeals. For the cost of op erating 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.

Operations

F.Y. 1972 _.__ F.Y. 1973 __

746,559.00 746,559.00

Section 5. Superior Courts.

A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent ex pense allowances authorized by law, the payment of mileage as authorized by law, the payment of travel, tuition and expense of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year.

Operations

F.Y. 1972 __________________...____.__...___,,._,,_$ 2,445,159.00 F.Y. 1973 _________________________.__.$ 2,445,159.00

Provided, further, that the listed appropriation shall be increased by the amount of $30,000.00 per an-

FRIDAY, FEBRUARY 19, 1971

1061

num for each judgeship created by law during the 1971 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, Assistant District Attorneys, and District Attorneys Emeritus. Provided, however, that the listed appropriation shall be in creased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position estab lished during the fiscal year.

Office of District Attorneys--

Operations F.Y. 1972 _____________________________________.._..._._.__ $ F.Y. 1973 __________________________________________________,,_._.._$

1,403,775.00 1,403,775.00

Section 6. For the cost of printing and distribut

ing the reports of the Supreme Court and Court of

Appeals.



Operations F.Y. 1972 __-_._.-_______-_____-___-__...___..._-__-....___.._._.._.._._____$ F.Y. 1973 ..._-____-_____,,._-_-___-_-___________.__,,__._.__._____..$

53,000.00 53,000.00

PART III

EXECUTIVE BRANCH

Section 7. State Board of Education--Department of Education.

A. Operations F. Y. 1972 ___.___.__._._,,_____.____$ 404,665,861.00 F.Y. 1973 ___-___-____._____.-__-.____-___.____.____._____-___._-.___ ________._$ 404,665,861.00

Changed objects:
Midterm Adjustment _.________________$ 1,500,000.00 Research and Experimentation _.___$ 500,000.00 Area Vocational Technical
Schools -_____________.-_____._______._._._$ 14,756,652.00 Travel _.___.._.____.___..___________._______... $ 999,216.00 Teachers Retirement _________________.._$ 20,798,000.00

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Salaries--Other Certified Profes sional Personnel (Section 12) ,,_.$ 37,301,327.00
High School Program _....,,,,.._...,,.._$ 8,834,503.00
Personal Services .._.____...._..__._.$ 24,670,212.00
Operating Expenses _..__._.,,.__-_,,-...$ 23,693,891.00
Pupil Transportation .._.___-.....__..$ 16,830,817.00
Maintenance Operation and Sick Leave (Section 13) ____._._.________.$ 41,837,000.00
Special Education Teachers Sal aries (Section 26) ___-..........___.__.$ 14,136,000.00

Provided that none of the State funds appropri ated above may be used to initiate or commence any new program or project unless such program or proj ect has been authorized by the General Assembly.

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 employer contributions to the Teachers Retirement System ap plicable to such salary.

Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation serv ices to eligible persons who have renal diseases.

Provided, however, that $303,022.00 of the above appropriation relative to pupil transportation shall be used solely for the purpose of providing an increase of $75.00 per annum in the compensation of school bus drivers beginning the first day of the fiscal year 1972.

Provided that of the above appropriation relative to Grants to Area Vocational Technical Schools, $75,000.00 is designated and committed for the purpose of air conditioning the gymnasium-auditorium in the South Georgia Area Vocational-Technical School at Americus, Georgia.

B. Construction: Authority Lease Rentals Departmental
F.Y. 1972 _._........._._._...............___......._.__........._...,,.,,_.$ F.Y. 1973 ___--.....-_____-._......-...__.__.-.-..._.___-_...._._._.__$

437,269.00 437,269.00

FRIDAY, FEBRUARY 19, 1971

1063

Grants to Systems through Georgia Education Authority (Schools)

F.Y. 1972 _....___,,__,,.....-._.._._..___--._.__--_._--$ 24,492,259.00 F.Y. 1973 ____-.____-_____,,,,- ____._.___--_____--___--,,__--.$ 24,492,259.00

Grants Direct to School Systems for Capital Outlay Purposes

F.Y. 1972 F.Y. 1973

2,191,613.00 2,191,613.00

Capital Outlay for Facilities for the Vocational Rehabilitation of the Adult Retarded

F.Y. 1972 ,,___,,.______..____. F.Y. 1973 .________________...____-

500,000.00 500,000.00

Provided that from the above appropriation for Grants to School Systems through the Georgia Educa tion Authority (Schools) for F.Y. 1973, $1,200,000.00 is designated and committed for additional lease rentals to said Authority to permit the issuance of bonds to finance new projects for the early childhood educa tional program.

Provided that $500,000.00 from the above appro priation for Capital Outlay for Facilities for the Vo cational Rehabilitation of the Adult Retarded shall be used with available matching funds to construct facili ties for vocational rehabilitation of the adult retarded, to be located in Fulton and DeKalb Counties.

Sections. State Board of Regents. A. Operations F.Y. 1972 ______________$ 162,334,503.00 F. Y. 1973 __ ____---------..--_--_$ 162,334,503.00

Changed objects:
Personal Services ___________._.__________..._.$ 169,468,687.00
Operating Expenses _.__._.,,..___._.____$ 39,807,670.00
Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers Retirement System.

1064

JOURNAL OF THE HOUSE,

No funds realized by the State Board of Regents of the University System or any college or university, from the State General Fund, from the Federal Gov ernment, or from any other source shall be available for use or expenditure for educational and general or plant purposes until made available by written ap proval of the Budget Bureau, in accordance with the provisions of the Budget Act as amended.

B. Construction:

Capital Outlay

F.Y. 1972 _______________.....____......._,,___........._._.$ 1,140,000.00
F.Y. 1973 _._________._________.________,,__$ 1,140,000.00
Authority Lease Rentals
F.Y. 1972 -,_,,________.________________$ 18,198,790.00
F.Y. 1973 -_____..-_______,,_____,,_____________,,.___________.$ 18,198,790.00
Provided that from appropriated funds, the amounts of $21,037,733.00 in F.Y. 1972 and $21,037,733.00 in F.Y. 1973 are designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided none of the funds here in appropriated for construction shall be available for the purchase of any books whatsoever.
Provided that from the above appropriations for Authority Lease Rentals, the amount of $2,000,000.00 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 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 Uni versity System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitu tion. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.

Section 9. Educational Improvement Council.

Operations

F.Y. 1972 __._____,,_,,_-______. ________._______________$

F.Y. 1973 _______________________________________

$

136,400.00 136,400.00

FRIDAY, FEBRUARY 19, 1971

1065

Changed object: Operating Expenses ________.___$

33,400.00

Section 10. Higher Education Assistance Commit tee.

Georgia Higher Education Assistance Corporation F.Y. 1972 _________________________.___________$ F.Y. 1973 ____________..__._.__._.._.___.________$

699,758.00 699,758.00

Georgia Higher Education Assistance Authority F.Y. 1972 ____________________._____________.___$ F.Y. 1973 --_________________-____--______$

235,461.00 235,461.00

Changed object: Operating Expenses __________--__$

309,339.00

Section 11. State Scholarship Commission.

Operations F.Y. 1972 -_-_._ ... .-._._.___ $ 1,197,592.00 F.Y. 1973 _______________________________________.$ 1,197,592.00

Changed objects: Operating Expenses _______..___$ Stipends for training -___,,_.________

45,693.00 --0--

Section 12. Medical Education Board.

Operations F.Y. 1972 ..._..__________._______________________ $ F.Y. 1973 _________________________________________.__.$

21,650.00 21,650.00

Scholarships

F.Y. 1972 _-_________-__________.___________________$ F.Y. 1973 __________-________-___-________.__-__.________$

Changed object:

Operating Expenses __________.__$

21,650.00

251,000.00 251,000.00

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JOURNAL OF THE HOUSE,

Section 13. Georgia Commission on the Arts.

Operations

P.Y. 1972 ....____________________________-______.__._...$ F.Y. 1973 ..._____________.___._-______-_____$

Changed object:

Operating Expenses _.__._________$

25,125.00

Section 14. Georgia Historical Commission.

107,292.00 107,292.00

Operations
F.Y. 1972 __________________$ F.Y. 1973 ___________-____________________________$

482,300.00 482,300.00

Construction: Capital Outlay
F.Y. 1972 __________________________________$ F.Y. 1973 _______________________________.________$

50,000.00 50,000.00

Commission for the Bicentennial Celebration-- Operations
F.Y. 1972 ____________________________________________ F.Y. 1973 _______ _____ _____

--0-- --0--

Changed objects:
Personal Services ________________________$ Operating Expenses ______________$

358,000.00 124,300.00

Section 15. Teachers Retirement System.
Operations
F.Y. 1972 ____________________________________________ $ 1,500,000.00 F.Y. 1973 _______________________________________$ 1,500,000.00
Provided that these funds shall be used to pro vide a cost of living adjustment to teachers who re tired prior to the effective date of the current cost of living plan.

FRIDAY, FEBRUARY 19, 1971

1067

Section 16. Public School Employees Retirement System.

Operations

F.Y. 1972 ______________..______.________________________$ 2,451,217.00 F.Y. 1973 ______________________________________________.$ 2,451,217.00

Section 17. Department of Public Health.

A. Medical Care Administration--

Operations

F.Y. 1972 ___-__-___.____.-_________________________..______-__.$ 47,353,450.00 F.Y. 1973 __________________________--___---______--___-__$ 47,353,450.00

B. Health Surveillance and Disease Control--

Operations

F.Y. 1972 ___,_,,___.-________.____._______-_._______________-_-$ 7,138,400.00 F.Y. 1973 ________________________________________________.$ 7,138,400.00

For the cost of operation, including in-patient hos pital 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 Northwest Georgia Regional Hospital.

C. Community Health Services and Facilities-- Grants to Counties
F.Y. 1972 F.Y. 1973

9,891,700.00 9,891,700.00

D. Environmental Health--Water Quality Control F.Y. 1972 ___________________________________________________ F.Y. 1973 ._____.._______..
Other operations F.Y. 1972 _.. F.Y. 1973 -_.

9,587,400.00 9,587,400.00
1,928,300.00 1,928,300.00

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E. Mental Health--Operations, including pre-ad mission and post discharge services.

F.Y. 1972 .__._._....______________________________.___.$ 79,024,900.00 F.Y. 1973 ,,___.,,,,_,,____._,,,,.,,_,,,,._$ 79,024,900.00

Authority Lease Rentals

F.Y. 1972 __________________________________________________ $ 5,610,000.00 F.Y. 1973 ___,,_,,_,,____,,,,,,,,,,_ $ 5,610,000.00

Capital Outlay

F.Y. 1972 _____________________________________________________ $ F.Y. 1973 _-____.__.____-_-__-________________________________ $

550,000.00 550,000.00

F. General Administration--

Operations

F.Y. 1972 ________________________________________________________ $ 3,856,800.00 F.Y. 1973 _____________________________________________________$ 3,856,800.00

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 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 Rec ommendations for 1970-71 for operating expenses and additional personnel as necessary to meet requirements for payment or reimbursement, subject to prior ap proval by the State Budget Bureau.

Changed objects:
Personal Services ________.______$ 84,157,800.00 Grants--Benefit Payments _____,,___$ 146,700,000.00 Operating Expenses ________________$ 26,991,700.00 Capital Outlay ...__________________$ 550,000.00
Provided that the fee for druggists for profession al services shall not exceed $1.25 per prescription filled

FRIDAY, FEBRUARY 19, 1971

and the payment for office visits for physicians shall not exceed $5.00 each. The Georgia Department of Public Health, on July 1, 1971, shall effect pro rata re ductions in unit payments for medical services in every area possible, except nursing home vendor payments and drug payments, so as to insure the adequacy of the appropriation for the entire fiscal year 1972 with the roll growth anticipated in the formulation of the Gov ernor's recommended appropriation.

Provided, however, that when patients are trans ferred from the State institutions to the Adult Foster Care Program, the State Budget Bureau is authorized to transfer from the respective institutional budgets to the Program Administration and Community Men tal Health Services budget amounts sufficient to defray the cost to the State of Adult Foster Care payments entailed by such patient transfers.

Provided that $250.000.00 from Capital Outlay shall be expended for renovation of admission wards at Central Hospital.
Provided that when Title XVIII and Title XIX funds in excess of the amounts shown in the annual operating budgets are received by Mental Health In stitutions, the State Budget Bureau shall approve de partmental requests to budget such funds for positions which are budgetarily authorized but unfunded, to the extent that the unfunded nature of such positions can be substantiated by the State Budget Bureau.
Provided that the Department of Public Health may utilize funds from the amounts appropriated for personal services to allow Gracewood State School and Hospital to employ the number of personnel recom mended by the Governor.

Section 18. Department of Labor--Commissioner's Office and Inspection Division.

Operations F.Y. 1972 .._..____..... F.Y. 1973 ._.,,,,_.______
Changed object: Operating Expenses

_.,,__.......___......_____....__.$ _--._..,,. $

..-.._..__-$

81,770.00

Section 19. Highway Department. A. Appropriation of all funds in subsection A., B.,

1069
420,800.00 420,800.00

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JOURNAL OF THE HOUSE,

and C. of this Section 19 is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the imme diately 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 appro priated 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 Budget Report, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

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 Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 9010 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authoriza tion for the letting and execution of highway contracts essential to and included in such Interstate Program

FRIDAY, FEBRUARY 19, 1971

1071

not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and consti tutionally appropriated to the State Highway Depart ment.

Operations (including Capital Outlay)

F.Y. 1972 ____._.._.._._

$ 131,943,454.00

F.Y. 1973 --__._.____..__.._.. $ 131,943,454.00

Construction:

Authority Lease Rentals

F.Y. 1972 ________ ..__._..___.._.______._____.________.._.______.____._.......___ $ 21,739,533.00

F.Y. 1973 _.-. -

__,,__--___..-

$ 21,739,533.00

B. Grants to counties. For grants to counties for aid in county road construction and maintenance. Grants shall be distributed and disbursed by the State Treasurer as provided by law.

Grants

F.Y. 1972 _-__..--------_ $ 4,817,013.03

F.Y. 1973 ____.._........ __.__........._.___,,

$ 4,817,013.03

C. For grants to counties for aid in county road construction and maintenance.

Grants

F.Y. 1972 ...... ..... _.______-_,,_--

.... $ 4,500,000.00

F.Y. 1973

____ ..........___.____..._..........

$ 4,500,000.00

The sum appropriated under C. shall be distrib uted 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

1072

JOURNAL OF THE HOUSE,

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. Grants to Municipalities for Capital Outlay. For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
Grants
F.Y. 1972 ,,________.._________.____._______________..$
F.Y. 1973 -_-.______._-_________._____________.___________$

9,317,000.00 9,317,000.00

Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to de termine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

E. Airport Development--State Share of Airport Development.
Construction:

Capital Outlay F.Y. 1972 __..._...__.._.__._.____________,,_____ ______ __________$ F.Y. 1973 ._.__-_---_______---_.-_.______________._.$

976,347.00 976,347.00

Section 20. Public Service Commission. Operations

F.Y. 1972 _______.____________________________.________________$ F.Y. 1973 _._,,_._.____,,_,,_______,,____________,,____,, ______ _,,_,,,,____.$

882,643.00 882,643.00

Changed objects:

Personal Services __________.___________,,,,$ Operating Expenses _____________--__$

770,909 111,734

FRIDAY, FEBRUARY 19, 1971 Section 21. Commission on Aging. Operations F.Y. 1972 ..___..,,......__._.......__,,......_._-__.....-_._,,. F.Y. 1973 ,,_____._..____..________. ___________

107S
63,839.00 63,839.00

Changed objects: Operating Expenses

27,256.00

Section 22. Department of Family and Children Services.

Operations
F.Y. 1972 ___..-._-..-_._...,,._..____________________________ $ 85,846,538.00 F.Y. 1973 ____._..._______-_____-_-_-__ ___--__. $ 85,846,538.00

Changed objects:
Grants to counties for administra tion and services ,,.-..-_-__._-......__$ 38,000,000.00
Grants to individuals for support ._______________________-_.______-_$ 233,654,415.00
Capital Outlay _..._,,.-...-.__..-......_.$ 415,500.00
Grants to counties for countyowned detention centers ---__,,_$ 1,000,000.00
Operating expenses _--_._._....___$ 5,763,100.00

Provided, that from the appropriation for capital outlay, $415,500.00 is designated and committed for the purpose of constructing a Regional Youth Develop ment Center in Whitfield County.
Provided, that from the appropriation for per sonal services, the Department of Family and Chil dren Services shall utilize funds in such a way as to accomplish implementation of a 40-hour work week at all youth institutions no later than August 1, 1971. Provided, further, that the State Budget Bureau shall reduce quarterly the appropriation under this Section by the amount of funds provided in this appropriation for such implementation which are not used for the purpose for which provided.

1074

JOURNAL OP THE HOUSE,

Section 23. Workmen's Compensation, State Board of.

Operations

F.Y. 1972 __________________.____________$ F.Y. 1973 ______.________-.______-__________$

770,844.00 770,844.00

Changed objects:

Personal Services _______..____..$ Operating Expenses ____....___$

689,204.00 81,640.00

Section 24. Department of Veterans Service--Vet erans Service Board.
Operations
F.Y. 1972 ___________.._._________f F.Y. 1973 ____.....___________-______--...___.$

3,408,858.00 3,408,858.00

Changed objects:
Personal Services -_____,,.____________$ Operating Expenses ___._._______$

1,414,699.00 229,810.00

Section 25. Department of Labor--Employment Security Agency.
A. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 3, 1945.

Operations
F.Y. 1972 ___________..._______ __ $ F.Y. 1973 ___.__...____________________________ $

115,000.00 115,000.00

B. Work Incentive Activity. Operations
F.Y. 1972 _________________...____________.$ F.Y. 1973 ____________________.__________. $

362,739.00 362,739.00

FRIDAY, FEBRUARY 19, 1971

1075

Section 26. Industry and Trade, Department of.

Operations

F.Y. 1972 ..................................... $ F.Y. 1973 .....................................^ $

2,762,027.00 2,762,027.00

Construction: Capital Outlay
F.Y. 1972 ____-_,, ,,__,,,,__ ___,,_________.__ F.Y. 1973 ,,._...,,._...-.-.__....-._._.....___._.__....__________

--0-- --0--

Authority Lease Rentals
F.Y. 1972 ........ ^.......^. ................$ F.Y. 1973 __,,________.._.___________._______._$

2,000,000.00 2,000,000.00

Changed objects: Operating Expenses ........__________.$

944,521.00

Section 27. Science and Technology Commission. Operations
F.Y. 1972 ___________________ _____________________ $ F.Y. 1973 ....... ........................ ^...... ......$

105,000.00 105,000.00

Section 28. Agriculture, Department of. Operations
F.Y. 1972 ._.__.....___._......,,.__...___._......_,,.....___...____._.$ 8,891,530.00 F.Y. 1973 ...._.__..._...__......,,_____.....___.,,..._.____...,,___...__-$ 8,891,530.00

Construction: Capital Outlay
F.Y. 1972 ......_.......__.._.__..._____........__.......,,__......_....._.$ F.Y. 1973 .....,,.__....,,_......__......._____...____......__._.._....$

160,000.00 160,000.00

1076

JOURNAL OF THE HOUSE,

Authority Lease Rentals

F.Y. 1972 _________________________________ $ F.Y. 1973 ......_..__...-.____.-...._.___-._..____...._,,_...._..___.......$

1,125,000.00 1,125,000.00

Fire Ants

F.Y. 1972 __________________________,,_.____..._______.___ $ F.Y. 1973 .______-___.___-._______._____.__-____._--_________.$

1,500.000.00 1,500,000.00

Indemnities
F.Y. 1972 ._._..____..-.____-..._..._-._...__-..._.__...-.___...._...$ F.Y. 1973 _______________________________________-_________$

236,600.00 236,600.00

Changed objects:
Operating Expenses __.._________.$ 3,161,240
Provided, that from the above appropriated amount for Authority Lease Rentals, $225,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Markets) to permit the issuance of bonds to finance new projects. Provided, that the Department of Agriculture shall set as a rental for any facility or part thereof constructed with capital outlay or bond proceed funds, a rental rate which, on lease of one (1) year or longer, will amortize the cost or pro rata cost of construction over a period of 30 years on the reasonable life of the facility if the same should be less than 30 years.

Section 29. Department of Mines, Mining and Geology.

Operations: General Operations
F.Y. 1972 ______________________________________________ $ F.Y. 1973 -__,,___-___-_______.______,,_____________._$

378,100.00 378,100.00

Water Resources Research
F.Y. 1972 ___ _______________________________________________ $ F.Y. 1973 ____________________________________________.______$

186,000.00 186,000.00

FRIDAY, FEBRUARY 19, 1971 Topographic Information
F.Y. 1972 ....___.,._.____.____________,,_________..$ F.Y. 1973 ....___..,.._.......__.__........._______.$ Changed object: Operating Expenses __..___.____$ 551,030 Section 30. Ocean Science Center of the Atlantic. Operations

F.Y. 1972 _._.______________________________._..__.$ F.Y. 1973 __________________________......________..$

Construction:

Capital Outlay F.Y. 1972 _____________.........______________._$ F.Y. 1973 ________________________________?

Changed object: Operating Expenses _____.____.$

124,200.00

1077 35,000.00 35,000.00
279,200.00 279,200.00
490,000.00 490,000.00

Section 31. Altamaha River Basin Development Commission.

Operations F.Y. 1972 _____________________________ $ F.Y. 1973 ...____________________________.$

Changed object: Operating Expenses ...____.___.$

42,500.00

Section 32. Georgia Commission for the Develop ment of the Chattahoochee River Basin.

Operations F.Y. 1972 ...........__........____________.______$ F.Y. 1973 ...__.....__.................__________$

43,800.00 43,800.00
6,920.00 6,920.00

1078

JOURNAL OF THE HOUSE,

Section 33. Public Safety, Department of.

Operations

F.Y. 1972 .._,,____________________________..__$ 17,222,508.00 F.Y. 1973 .__....._..-...-.__-......___.-.,,,,-......-_-....._-......-_-.-_$ 17,222,508.00

Construction: Capital Outlay
F.Y. 1972 F.Y. 1973

--0-- --0--

Changed objects:
Personal Services .-__._-...____....____......$ 13,017,000.00
Operating Expenses ---....___-...___-...$ 5,514,000.00
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 the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Section 34. Pharmacy Board.
Operations F.Y. 1972 F.Y. 1973

239,842.00 239,842.00

Section 35. Probation, State Board of. Operations
F.Y. 1972 ._...__-_-_.-._._-F.Y. 1973 .___,,,,_______.___._

2,164,900.00 2,164,900.00

Changed object: Operating Expenses

_$ 651,209.00

FRIDAY, FEBRUARY 19, 1971

1079

Section 36. Pardons and Paroles, State Board of.

Operations

F.Y. 1972 .__.__.__-___---__-----__,,-______-_--__-__,,_.$ 1,360,500.00 F.Y. 1973 -_-,,._-___.______,,,,_______......,,__....._ $ 1,360,500.00

Changed object: Operating Expenses _-____._..-,,__.$

222,655.00

Section 37. Corrections, State Board of.

Operations
F.Y. 1972 ___,,__________,,_____.___________________.____$ 16,789,693.00 F.Y. 1973 ----_.________._____-__________._-___.___-__$ 16,789,693.00

Construction: Capital Outlay
F.Y. 1972 ._____________,,,,____-___,,__$ F.Y. 1973 ---__--.___.--.___--__._--- --- _____.$

440,000.00 440,000.00

Authority Lease Rentals
F.Y. 1972 -__......___-.-..._--_-....,,__-._-....--_.-.-._____.....-___.$ 1,273,000.00 F.Y. 1973 -----___----------------____-_.___$ 1,273,000.00
Provided that no funds appropriated in this Sec tion or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for physicians.
Changed object:
Operating Expenses ,,_------_--.____$ 7,028,850.00

Section 38. Coordinator of Highway Safety.
Operations F.Y. 1972 -.......-.,,..._..__._..___....._.__,,_..__..._..___...___.$ F.Y. 1973 ________________________________________..____.._..__....$

103,450.00 103,450.00

1080

JOURNAL OF THE HOUSE,

Changed object: Operating Expenses ._.__.-__.._._,,$

60,450.00

Section 39. Defense, Department of.

Operations

F.Y. 1972 .____________.______.______...._____._._.__.__.._._....$ 1,134,775.00 F.Y. 1973 ____________________________.___...__..._._$ 1,134,775.00

Changed objects:

Personal Services ._..._._......._......._.$ Operating Expenses __________-___$ Capital Outlay ,,_-_.__.___________$

917,516.00 180,799.00
3,000.00

Provided that no State funds shall be used to in crease the salary of the head of the Department.

Provided further that none of the funds appropri ated shall be expended for the office of emergency plan ning.

Provided that from the above amount for capital outlay the sum of $3,000 shall be used to pave the enclosed vehicle storage area at the Cedartown Na tional Guard Armory.

Section 40. Comptroller General.

Operations

F.Y. 1972 _________________________._..____,,______$ 1,837,600.00 F.Y. 1973 ______________.__,,______________.._________ $ 1,837,600.00

Changed objects:

Personal Services -._________..______._.$ 1.736,017.00 Operating Expenses _____.________.$ 655,949.00

Section 41. Banking, Department of.

Operations

F.Y. 1972 ______,,,,_.,,____,,_ $ F.Y. 1973 ....._.__..._.._......._____--___.-____.___. $

890,803.00 890,803.00

FRIDAY, FEBRUARY 19, 1971

1081

Changed object:

Operating Expenses ,,.......-__-_-.-.......$ 183,755.00

Section 42. Literature Commission. Operations
F.Y. 1972 -.....-_-_...-.-.,,.,,.....-__.-..-.....__..-....____-.-....-$ F.Y. 1973 -.___...._.-..-_,,._........_.._.-...-__.._,,.......---_-.-_.....-- $

Changed object: Operating Expenses ......_..__,,_..._.....$

6,800.00

18,400.00 18,400.00

Section 43. Game and Fish Commission. Operations
F.Y. 1972 __________.___..- ? F.Y. 1973 ........_.._.._...._-,,........._._..........._,,......,,.--..-._-_.$

4,378,170.00 4,378,170.00

Construction: Capital Outlay
F.Y. 1972 _..,,_.....___..,,......_.___.,,.._._._..........-_____.......____.._...$ F.Y. 1973 -_.,,......_._........,,...-._._......-.____..-.-.....____,,...._._-_..$

239,000.00 239,000.00

Changed objects:
Operating Expenses .-,,_.._..._.-....._.$ 2,041,420.00 Capital Outlay __,,_..___-....._..___--_,,_.__.. ? 434,000.00
Provided that of the abivs amount appropriated for construction, $150,000 shall b3 u~ed to match Federal funds for the purpose of construstin;; a public fishing lake in Chattooga County.

Section 43A. Groveland Lake Development Com mission.
F.Y. 1972 -....____..._...__._...-_._,,.__......_..._...........___...,,..____... $ F.Y. 1973 ._..._.._,,..-..-.__-...__._................__......,,._._.......... $

100,000.00 100,000.00

1082

JOURNAL OF THE HOUSE,

Section 44. Recreation Commission.

Operations

F.Y. 1972 -_._-_-_--_------_--__._.$ F.Y. 1973 .__.__.-_-_.__--..___--..__._-....._-..______$

Changed object:

Operating Expenses ____.......__._.-.........$

35,578.00

121,385.00 121,385.00

Section 45. Stone Mountain Memorial Committee. Operations
F.Y. 1972 __....._,,__._.__.-_.,,.__-......,,___......._..______...,,. F.Y. 1973 ....__.__.._..._._._....___............__.__....._.____.. (No direct State General Fund appropriation is required).
Section 46. Jekyll Island Committee. Operations
F.Y. 1972 ........___...-._.____........._____........_...__..........._._______.$ F.Y. 1973 _._.._..____......______-..........___...........___..._.........._...$ Changed object: Capital Outlay ___________.___,,_____._.______$ 300,000.00

--0-- --0--
500,000.0a 500,000.00

Section 47. North Georgia Mountains Commission. Operations
F.Y. 1972 ........._............__._-......__..-......___..........__..___.........$ F.Y. 1973 ...._..._..........._____........__.___........_..___.........__._...__... $ Construction: Capital Outlay F.Y. 1972 ...._....___.......____.__......__.___._......._.___......_,,_________.$ F.Y. 1973 ....-__.........___........__.___......___......_.____..........__....$

256,697.00 256,697.00
153,103.00 153,103.00

FRIDAY, FEBRUARY 19, 1971

1083

Changed object:

Operating Expenses

150,872.00

Provided that of the above appropriated amount for F.Y. 1972, $86,000 shall be used only to provide movable equipment and furnishings for 20 cottages constructed under Economic Development Administra tion project number 04-1-00092P.

Provided that of the above appropriated amount for F.Y. 1973, $194,500 shall be used only to provide for movable equipment and furnishings for a lodge conference center constructed under Economic Develop ment Administration project number 04-1-00092P. Pro vided, further ,that $85,500 of the appropriated amount for F.Y. 1973 shall be used only for open space develop ment and landscaping for EDA project 04-1-00092P.

Section 48. Lake Lanier Islands Development Commission.

Operations

F.Y. 1972 ..-.________.._..............._______________..___..,,..............__.$

F.Y. 1973

_.-.__ $

221,580.00 221,580.00

Construction: Capital Outlay
F.Y. 1972 __________.,,..................__.._______.___............,,.__.._______.$ F.Y. 1973 ..._..__..._____________._..._...........-.-_.-_._________,,__.__........_.$

Changed objects:
Personal Services .._________.___.__............$ Operating Expenses ,,....__.__.__.---.....$ Capital Outlay _..._................_____.___...$

129,580.00 120,500.00 939,000.00

839,000.00 839,000.00

Section 49. Parks, Department of.

Operations

F.Y. 1972

,,,,,,,,.._,,,,,,_._._,,_ $

F.Y. 1973 -----.---_____ $

2,304,450.00 2,304,450.00

1084

JOURNAL OF THE HOUSE,

Natural Areas Council

F.Y. 1972 .________._._____.___----.-----$ F.Y. 1973 __.-....-........_..,,..,,_._-....._-.____..___.--.--.--..._..$

36,500.00 36,500.00

Construction:

Capital Outlay

F.Y. 1972 ...-.-_.-.__...__-.-..-_...-..-.-.__--.._.---..---..-.--..$ F.Y. 1973 ...................................$

828,892.00 828,892.00

Authority Lease Rentals

F.Y. 1972 .........................^..... __..._.....,,..$ 2,146,000.00

F.Y. 1973 _,,_______._,,._,,__._________

$ 2,146,000.00

Changed objects:

Operating Expenses ..._..........__..,,$ 1,517,707.00 Authority Lease Rentals ._.....__._$ 2,146,000.00

Provided, that no land shall be purchased for State park purposes v/ithout the approval of the State Prop erties Acquisition Commission.

Section 50. Soil and Water Conservation Com mittee.
Operations
F.Y. 1972 .... ....... ___.$ F.Y. 1973 -.-...-.....,,.......__.___._...__.............-.._,,........_.__.-.-.$

506,700.00 506,700.00

Changed object: Operating Expenses ...................^.^

473,787.00

Section 51. Forest Research Council.
Operations F.Y. 1972 ..,,............_.......__.._._____..............,,............_..._,,_.$ F.Y. 1973 .........-...-..._...___................-.-..............__.._,,_.___.$

455,200.00 455,200.00

FRIDAY, FEBRUARY 19, 1971

1085

Changed object:

Operating Expenses ________._______$ 402,635.00

Section 52. Forestry Commission. Operations
F.Y. 1972 ____,,____-_______________________-_--$ 7,055,371.00 F.Y. 1973 _____________.___________.__.______.$ 7,055,371.00 Construction:

Capital Outlay
F.Y. 1972 _____,,____--.__________.-____.____._ F.Y. 1973 ____________________________________________

--0-- --0--

Changed objects:
Personal Services _____________-$ Operating Expenses __________.__$

7,572,840.00 2,153,175.00

Section 53. Mineral Leasing Commission. Operations

F.Y. 1972 __,,____-_.____________________________$ F.Y. 1973 _____________________________________.______$

5,000.00 5,000.00

Section 54. Department of Mines, Mining and Ge ology, Surface Mined Land Use Board.

Operations
F.Y. 1972 _.____._______________________________$ F.Y. 1973 -_--__---__--_--_--_ ________ $

149,271.00 149,271.00

Changed objects:
Personal Services --_--_____________$ Operating Expenses __________.$

91,071.00 58,200.00

1086

JOURNAL OF THE HOUSE,

Section 55. Treasury, State.

Operations

F.Y. 1972 ____________.___-----__--,,__-_-__--__--$ F.Y. 1973 .-.-..........._........_-___.____._-..--_-...------.-...-..$

Changed object:

Operating Expenses .___-___..._............$

23,900.00

168,200.00 168,200.00

Section 56. Budget Bureau. Operations
F.Y. 1972 _ ___._._____.._,,__________,,,,___.-$ F.Y. 1973 --------------_-_--_-_---_-$

433,190.00 433,190.00

Section 57. Revenue, Department of.

Operations

F.Y. 1972 __._-..--.-..-...-..--.-.-....-.--..-._-.-..,,_._______$ 14,431,300.00 F.Y. 1973 .____.....-.-..-...-........,,.....__-._..___._._..___....$ 14,431,300.00

Loans to Counties--Tax Reevaluation

F.Y. 1972 ______,,______,,.,,_,,

$

F.Y. 1973 ________.___________,,,,____._.,,_$

40,912.00 40,912.00

Motor Vehicle Tag Purchases

F.Y. 1972 __._,,_____________,,,,.__.________,,__,,,,__..____$ F.Y. 1973 ..................._-..__....-_.______-_.____-..._..-..._......$

368,450.00 368,450.00

In addition, there is hereby appropriated for each fiscal year the amount of such repayment of county tax evaluation loans as may be made by such counties dur ing the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $284,088 in F.Y. 1972 and $208,035 in F.Y. 1973. Such amounts shall be available for further tax evaluation loans to counties.

Section 58. Employees Retirement System. Operations
F.Y. 1972 _._-.___.._...-.....____.______________..___..,,___....,,,,_.._$ F.Y. 1973 __,,____________,,__.____,,_.____.__.._........ $

715,000.00 715,000.00

FRIDAY, FEBRUARY 19, 1971

1087

Changed object: Employer Contribution -__________.$

715,000.00

Provided that the above amount shall be used to increase retirement benefits to retired State employees as provided by Act passed at regular 1971 session.

Section 59. Employees Assurance Department.

Operations
F.Y. 1972 _____________________________________________ F.Y. 1973 --_______________________________._--

--0-- --0--

(No direct State General Fund appropriation is required).

Section 60. State Merit System of Personnel Ad ministration.
Operations
F.Y. 1972 __________________________________ F.Y. 1973 _.______.__________________._.

--0-- --0--

(No direct State General Fund appropriation is required).

Section 61. Secretary of State. Operations
F.Y. 1972 _________________________________$ 3,808,490.00 F.Y. 1973 ____________________________________________$ 3,808,490.00

Special Repairs
F.Y. 1972 __.____._____-_.-______._.______________.__._______.$ F.Y. 1973 _______________.________..______________________.__$

100,000.00 100,000.00

Construction:

Authority Lease Rentals
F.Y. 1972 _______.___,,_____________________._.$ F.Y. 1973 __________________________________________.___$

815,000.00 815,000.00

1088

JOURNAL OF THE HOUSE,

Changed objects:

Personal Services ,,._._.._...._._..-.-._.._-$ 2,560,288.00 Operating Expenses _....._......__..._,,,,$ 1,248,202.00

Section 62. Library, State.

Operations

F.Y. 1972 ____.______..._.__._._______.._____..__._...-.-..__...--__.._-_____.$ F.Y. 1973 _..__-.-_--__--__-_-...._-._-__._-__---_,,-__...__._.___$

140,162.00 140,162.0a

Changed object:

Operating Expenses ..._..._...~_------$

6,700.00

Section 63. State Computer Service Center. Operations
F.Y. 1972 _._.___________..____.___________._____________________________________.$ F.Y. 1973 ______._______._______.._______,,..___________,,__________$

400,000.00 400,000.00

Section 64. Purchases, Supervisor of.

Operations

F.Y. 1972

.

. _ _ ___-__..____.$

F.Y. 1973 __._____,,_._._.__..__.__.________,,_______.....__$

Changed object:

Operating Expenses -_--.._......._._..$

77,960.00

994,504.00994,504.00

Section 65. Capitol Square Improvement Committee.
Operations
F.Y. 1972 ._.__............._..__...._...._.......................__.._.$ F.Y. 1973 ..__.........._._....._____._...._.._......_................_....__$

150,000.00150,000.00

Construction: Authority Lease Rentals
F.Y. 1972 __.._.__.____.__...............................______..........._ $ F.Y. 1973 _..........._..-._.______....._................._.__.______....__..... $

3,112,752.87 3,112,752.87

FRIDAY, FEBRUARY 19, 1971

Section 66. State Properties Control Commission.

Operations

F.Y. 1972 _____.___.__,,_._._________._________$ F.Y. 1973 ___________________._._____________$

Section 67. Air Transportation, Department of.

Operations

F.Y. 1972 _..________________........._______.$ F.Y. 1973 ...__.____--_,,_________________.._.....$

Changed objects:

Personal Services ..________._$ Operating Expenses ......._........._......?

175,756.00 139,000.00

Section 68. Exectuive Department--Office of the Governor.

For the costs of operating the Executive Depart ment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the contingent expenses of the Department, such as re wards, due to the Governors' Conferences, the Southern Interstate Nuclear Compact, and the Advisory Com mission on Intergovernmental Relations, and other special committee expenses.

Operations

F.Y. 1972 _____________________________________________$ F.Y. 1973 __._.._.__..._____._____._._._.__._____$

Mansion Allowance

F.Y. 1972 ___... F.Y. 1973 ______

Section 69. Executive Department--Governor's Emergency Fund.
There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor

1089 50,000.00 50,000.00 314,756.00 314,756.00
638,200.00 638,200.00 25,000.00 25,000.00

1090

JOURNAL OF THE HOUSE,

in his discretion in any emergency that he may deter mine requires expenditures of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State Law and the Constitution.

Emergency Fund F.Y. 1972 . F.Y. 1973

2,000,000.00 2,000,000.00

Section 70. Law, Department of.
For the cost of operating the Department of Law, provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the De partment 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 re spective agency for the purpose for which provision is made in this item, unless the payment is for reimburse ment to the Department of Law by the State Highway Department for expenses incurred for legal services by an Assistant 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 rights-of-way on the State road system, and contract law suits, or un less the payment is made from funds appropriated to the Executive Department for the payment of salaries and expenses of the two assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor.

Operations F.Y. 1972 F.Y, 1973
Changed objects: Operating Expenses

1,160,248.00 1,160,248.00
180,240.00

Section 71. Bureau of State Planning and Com munity Affairs.
Operations
F.Y. 1972 __..___--__.__.._--_-_-.-_-___._--_.$ F.Y. 1973 _.______-____----.-___..______._.____$

882,085.00 882,085.00

FRIDAY, FEBRUARY 19, 1971

Grants:

Area Planning and Development Commissions

F.Y. 1972 -___-._._-._....._..___._.........__.._._.... ...._.$ F.Y. 1973 _..__.___..__...._-....,,-_...-_.._-.__.__.._.-...$

Provided that only the matching formula in effect on July 1, 1970, shall be used to determine the alloca tion of State funds to Area Planning and Development Commissions.

Changed objects:

Operating Expenses .._----.._...--$ Grants to APDC's .___...___._____.$

406,725.00 904,031.00

1091
904,031.00 904,031.00

Section 72. Grants to Counties and Municipalities.
Grants to Counties (Act 607, Ga. Laws 1967, p. 888).
F.Y. 1972 ----.-_.-_-._______.._______..._$ 2,600,000.00 F.Y. 1973 ____.__.________..__.__......_________.._$ 2,600,000.00
Grants to Municipalities (Act 609, Ga. Laws 1967, p. 889)
F.Y. 1972 __-_______.--_.___,,_____.___-____--____,,_______$ 4,200,000.00 F.Y. 1973 ._..._._-__.__.._____________.____ $ 4,200,000.00

Grants to Municipalities (New legislation)
F.Y. 1972 ........__._.________._______,,__..._._........
F.Y. 1973 _._______._______,,______.___-_._._,,_
Section 73. 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 re tailing gasoline as authorized by Act of Georgia Gen eral Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.

---0-- --0--

W&2

JOURNAL OF THE HOUSE,

Section 74. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Consti tution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agen cy, or institution of the State sums sufficient to satis fy the payments required to be made in each year under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1971, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institu tion involved, an amount sufficient to satisfy such de ficiency in full and the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums here by appropriated for lease rentals are to pay the gen eral 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 75. All expenditures and appropriations made and authorized under this Act shall be accord ing to the objects and for the programs and activities as specified in the Governor's recommendations con. tained in the Budget Report submitted to the General Assembly at the regular 1971 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, pro grams, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiat ing or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds be yond the current biennium, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees 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 ah annual report to the Appropriations Com mittees of the Senate and House of Representatives of all instances revealed in his audit in which the ex penditures of any department, bureau, board, commis-

FRIDAY, FEBRUARY 19, 1971

1093

sion, institution or other agency of this State are in violation of this Section or in violation of any amend ments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of ex penditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided herein before for transfers.

Section 76. The Budget Bureau is hereby directed to economize 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 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. Provided, further, that in those program areas where Federal funds or other agency funds, except private contributions, are accepted by any budget unit of the State, the Budget Bureau is authorized to reduce the State General Fund appropriations for any item or part thereof which can be financed with such agency funds in lieu of the State General Funds.

TOTAL APPROPRIATIONS
F.Y. 1972 _._.._____-___.-________.__._______-__.__^$l,183,679,232.90 F.Y. 1973 __--._____--.___,__._.__.-._______..___._______^$l,183,679,232.90
Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 78. All laws and parts of laws in conflict with this Act are hereby repealed.

The previous question was ordered.

Mr. Felton of the 95th moved that the House reconsider its action in order ing the previous question.

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

1094

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, John Alexander, W. H. Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carter Chandler Chappell Cole Collins, M. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Drury Edwards Egan

Evans Farrar Felton Gaynor Gei singer Gignilliat Greer Ham Hamilton Harrington Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Hutchinson Isenberg Jones, Herb Jordan King Knight Kreeger Lambert Larsen, G. K. Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald Melton Milford Miller

Morgan Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn Patterson Pearce Phillips, L. L. Phillips, W. K. Poole Potts Roach Ross Rush Russell, W. B. Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Stephens Sweat Thomason Thompson Toles Triplett Tirpp Turner Vaughn Ware Westlake Wheeler, Bobby Whitmire

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Carr Chance Cheeks Collier Collins, S. Colwell Dorminy Floyd, J. H. Floyd, L. R. Fraser

Grahl Grantham Griffin Hadaway Harris Hudson, Ted Jessup Jones, J. R. Keyton Knowles Lane, Dick Matthews, D. R.

Maxwell McDaniel Miles Odom Oxford Patten Peters Rainey Reaves Russell, A. B. Russell, H. P. Salem

FRIDAY, FEBRUARY 19, 1971

1095

Those not voting were Messrs.:

Alexander, W. M. Alien Atherton Bostick Bo wen Brantley, H. H. Brown, B. D. Buck Clements Conger Dailey Dent Ezzard Gary Granade Gunter

Hawes Hood Howell Hudson, C. M. Johnson
Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Le vitas Lewis Longino McCracken Merritt Moore Nessmith

Phillips, G. S. Pickard Pinkston Savage Shepherd Smith, J. R.
Snow Sorrells Strickland Townsend Wamble Wheeler, J. A. Williams Wilson Wood Mr. Speaker

On the motion, the ayes were 111, nays 36.

The motion prevailed and the House reconsidered its action in ordering the previous question on HB 91.

The following amendments to the Committee substitute were read and adopted:
The Committee of the Whole moves to amend the Committee substitute to HB 91, Section 7-A by striking the following language under changed objects:
"Special Education Teachers salaries (Section 26)"; and by inserting in lieu thereof the following:
"Special Education Teachers salaries (Section 20)".

The Committee of the Whole moves to amend the Committee substitute to HB 91, Section 7-A as follows:

Changing object classes as listed below:

Object Class
Capital Outlay
Grants to Area Vocational Technical Schools

Existing 100,976.00
14,756,652.00

Proposed $ 175,976.00
14,681,652.00

1096

JOURNAL OF THE HOUSE,

Making the following language changes in Section 7-A:

By striking line 11 of page 7, and inserting in lieu thereof the * following wording:

"to Capital Outlay, $75,000.00 is", so that when so amended this paragraph shall read as follows:

"Provided that of the above appropriation relative to Capital Outlay, $75,000.00 is designated and committed for the purpose of air conditioning the gymnasium-auditorium in the South Georgia Area Vocational Technical School at Americus, Georgia."

The Committee of the Whole moves to amend the Committee substitute to HB 91, Sections 7-A and 7-B by:

7-A

$404,665,861.00

Striking from Section 7-B relating to 1971-72 the figure $ 500,000.00

$405,165,861.00

and substituting in lieu thereof the figure $ -0-

Changing object classes as listed below:

Object Class

Existing

7-A: Capital Outlay

$175,976.00

7-B: Capital Outlay for Facilities

for the Vocational Rehabilitation

of the Adult Retarded

500,000.00

Proposed $675,976.00
-0-

Making the following language changes:

Striking the last paragraph in Section 7-B, and inserting in Section 7-A the following language:

"Provided that of the above appropriation relative to Capital Outlay, $500,000.00 is designated and committed for the purpose of funding Capital Outlay, projects for Facilities for the Vocational Rehabilitation of the Adult Retarded, which shall be used with available matching funds to construct facilities for vocational re habilitation of the adult retarded, to be located in Fulton and DeKalb Counties."

The Committee of the Whole moves to amend the Committee sub stitute to HB 91, Section 7-B by striking the last five lines on page 7 and the first line on page 8, and inserting in lieu thereof the following
language:

FRIDAY, FEBRUARY 19, 1971

1097

"Provided that from the above appropriation for Grants to School Systems through the Georgia Education Authority (Schools) for F. Y. 1972, $2,000,000.00 is designated and committed for addi tional Lease Rentals to said Authority to permit the issuance of bonds to finance new projects."

The Committee of the Whole moves to amend the Committee sub stitute to HB 91, Section 8-B by adding at the end of line 5, page 9, the following:

"fiscal year 1972 for".

The Committee of the Whole moves to amend the Committee sub stitute to HB 91, Section 17 by striking the paragraph beginning on line 17 of page 12, and inserting in lieu thereof the following language:

"provided that the Georgia Department of Public Health on July 1, 1971, shall effect reductions in unit payments for medical services in every area possible so as to insure the adequacy of the Medical Care Administration appropriation for the entire fiscal year 1972, with the roll growth anticipated in the formulation of the Governor's recommendation appropriation."

The Committee of the Whole moves to amend the Committee sub stitute to HB 91, by adding a new section to be known as Section 75A to read as follows:

"Section 75A. Wherever in this Act the term 'Changed Ob jects' is used, it shall mean that the object classification following such term shall be changed to the amount following such object classification from the amount provided in the Budget Report submitted to the 1971 General Assembly."

The Committee of the Whole moves to amend the Committee sub stitute to HB 91, Section 76 by striking line 2, page 34, beginning with the word "Provided", and by striking lines 3, 4, 5, 6, 7, 8, page 34.

The following amendment was read:
Mr. Felton of the 95th moves to amend Committee Substitute to HB 91 as follows:
By striking- from Section 8A the figure: "162,334,503" as it appears in two places, and inserting in lieu thereof in both of said places the figure: "161,974,503".
By striking the figure: "169,468,687" and inserting in lieu thereof the figure: "169,306,687".
By striking the figure: "39,807,670" and inserting in lieu thereof the figure: "39,760,670".

1098

JOURNAL OF THE HOUSE,

By adding after "Changed Objects" the following:

"Teachers Retirement __.._--._--.._.._.__._..___-..._$10,157,650".

By striking from Section 8B the figure: "1,140,000" as it appears in two places, and inserting in lieu thereof in both of said places the figure: "1,000,000".

By adding at the end of Section 8B the following:

"Provided, however, that none of the funds appropriated in Secttion 8A or Section 8B, the Board of Regents, shall be used for the Agrirama."

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.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Barfield Battle Bell
Bennett, J. T. Bennett, Tom Blackshear Bohannon Bond Brantley, H. H. Bray Brown, C. Brown, S. P. Carter Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, W. Dean, Gib Dean, J. E. Dent Drury

Egan Ezzard Felton Floyd, L. R. Gary Gaynor Geisinger Granade Gunter Ham Hamilton Hays Hill, B. L. Hill, G. Hood Horton Howard Hudson, Ted Isenberg Johnson Jones, J. R. Jordan Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Marcus Mason McDaniell

McDonald Melton Miller
Morgan Moyer Mulherin Nunn Pearce Peters Phillips, W. R. Pinkston Poole Ross Russell, W. B. Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Sweat Thomason Thompson Townsend Tripp Turner Westlake

FRIDAY, FEBRUARY 19, 1971

1099

Those voting in the negative were Messrs.

Adams, Marvin Black Bostick Bo wen Brantley, H. L. Burruss Busbee Carr Chance Chandler Collins, M. Colwell Conger Davis, E. T. Dean, N. Dixon Dorminy Edwards Floyd, J. H. Fraser Gignilliat Grahl Grantham Griffin Hadaway Harrington

Harris Harrison Housley Howell Hutchinson Jessup Jones, Herb Keyton King Knowles Lane, W. J. Lee, W. J. ( Bill) Levitas Logan Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell Merritt Miles Milford Moore Mullinax Murphy Nessmith

Northcutt Odom Oxford Patterson Patten Phillips, G. S. Phillips, L. L. Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Sherman Smith, V. T. Strickland Toles Triplett Vaughn Ware Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Alien Atherton Berry Brown, B. D. Buck Dailey Evans

Farrar Greer Hawes Hudson, C. M. Lev/is Longino McCracken

Noble Pickard Salem Wamble Wheeler, Bobby Wilson Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 97, nays 77.
The amendment was adopted.

The following amendment was read:
Mr. Egan of the 116th moves to amend the Committee substitute to HB 9 las follows:
By striking from Section 7, the figures "$404,665,861" as they appear in two places, and inserting in lieu thereof in both places,

1100

JOURNAL OF THE HOUSE,

the figures "$405,025,861" and by adding to Section A of Section 7 the following language:

"Provided that of such appropriated amount the sum of $118,000. is designated and committed for the purpose of funding the fourth Psycho-Education Center at Brunswick; the sum of $75,000. is designated and committed for the purpose of research in the field of special education; and the sum of at least $150,000. be designated and committed to the education of deaf, mute and blind children."

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.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Battle Bell
Bennett, Tom Blackshear Bohannon
Bond Brantely, H. H. Bray Brown, S. P. Carter Chance Chappell Cheeks Clements Collier Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty
Davis, W. Dean, Gib Dean, J. E. Dent Drury Egan Evans Felton Floyd, L. R. Gary

Gaynor Geisinger Granade Grantham Ham Hamilton Hays Hill, B. L. Hill, G.
Hood Horton
Housley Howard Hudson, Ted
Isenberg Jones, Herb Jones, J. R. Jordan Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Leggett Levitas Marcus Mason McDaniell McDonald Melton Miles Miller Morgan Moyer Mulherin Nessmith

Noble Northcutt Nunn Oxford Patters'on Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston
Poole Roach Ross Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Townsend Tripp Vaughn Westlake Wheeler, Bobby Wilson

FRIDAY, FEBRUARY 19, 1971

1101

Those voting in the negative were Messrs.

Adams, Marvin Bowen Brantley, H. L. Brown, C. Busbee Carr Chandler Cole Collins, M. Colwell Davis, E. T. Dean, N. Dorminy Floyd, J. H. Fraser Gignilliat Grahl Greer Griffin

Gunter Hadaway Harris Harrison Howell Hutchinson Johnson Keyton Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell

Milford Moore Mullinax Murphy Odom Patten Phillips, G. S. Russell, A. B. Russell, H. P. Smith, J. R. Smith, V. T. Toles Triplett Turner Ware Whitmire Williams Wood

Those not voting were Messrs.:

Alien Atherton Barfield Bennett, J. T. Berry Black Bostick Brown, B. D. Buck Burruss Dailey

Dixon Edwards Ezzard Farrar Harrington Hawes Hudson, C. M. Jessup King Lewis Longino

McCracken Merritt Pickard Potts Rainey Reaves Rush Salem Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 106, nays 56.
The amendment was adopted.
By unanimous consent, the Clerk was directed to correct typographical rrors appearing in the Committee substitute to HB 91 as follows:

On page 18, Line 3, correct the word "Xenter" to read "Center".
On the last page of the substitute, correct the total amount of the appropria tion to read $1,183,662,232.90.

1102

JOURNAL OF THE HOUSE,

The Committee substitute, as amended, was adopted.

The report of the Committee on Appropriations, 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, G. Horton Housley Howard Howell Hudson, C. M.

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin

Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts

FRIDAY, FEBRUARY 19, 1971

1103

Rainey Reaves Roach Ross Russell, A. B, Russell, H. P. Russell, W. B. Salem Scarborough Shanahan
Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens

Strickland Sweat ThomaEon Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Bostick

Hill, B. L.

Savage

Those not voting were Messrs.:

Alien Brown, B. D. Carter Dailey Ezzard

Hawes Hood Longino Matthews, D. R. McCracken

Rush Wamble Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 179, nays 3.

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

Mr. Brown of the 110th stated that he had been called from the floor of the House when the roll was called on the passage of HB 91, by substitute, as amended, but had he been present would have voted "aye".

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, Monday morning, February 22, 1971, and the motion prevailed.

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

1104

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 22, 1971

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. William W. Byington, Pastor, Stone Mountain United Methodist Church, Stone Mountain, Georgia.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S.

Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays

Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill> Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R_ Mauldin Maxwell McCracken McDaniell McDonald

Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessimth Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S.

MONDAY, FEBRUARY 22, 1971

1105

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

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.

1106

JOURNAL OF THE HOUSE,

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 22, 1971, and submits the following:

HB

19. Criminals Trials, Accused Testify

HB

20. Criminal Cases, State's Right to Appeal

HB

30. Retirement System, Credit for Service

HB 111. G.B.I. Division of the Department of Law

HB 112. Motor Fuel Tax, Increase Excise Tax

HB 113. Rural Roads Authority, Highways

HB 114. Motor Fuel Tax, Refund to Governmental Units

HB 115. Highway Department, Contracts

HB 166. Atlantic Judicial Circuit, Additional Judge

HR 90-233. Lease Land, Bibb County

HB 251. Banks, Limitation on Loans

HB 252. Trust Company, Fee for Filing Application

HB 253. Banking, New Charters, Application Fee

HB 266. Board of Health Information Admissible as Evidence

HB 345. Atlanta Judicial Circuit, Additional Judges

HB 360. Medical Records, Admissible Evidence

HB 372. Blood and Tissue Banks, Clinical Laboratory

HB 373. Health Code, Mental, Home Care for 111

HB 374. Mentally 111, Notice by Mail Be Registered

HB 375. Mentally 111, Taken into Custody

HB 421. Health Permit, Mass Gathering

HB 470. Automobile Safety Standards

HB 527. Architects, Fees for Examination

HR 177-530. Code of Georgia, Relative To

HB 631. Counties, Establish Law Library

SB

2. Athletic Commission, Create

SB

3. Georgia Surface Mining, License Fees

SB

52. Landscape Architects Fee for Examination

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

MONDAY, FEBRUARY 22, 1971

1107

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

HB 689. By Mr. Drury 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, soas 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 State Planning & Community Affairs--Local Legislation.

HB 690. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Monroe County upon an annual salary, so as to change the compensa tion of the chief deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 691. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Monroe County, so as to change the compensation of the commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 692. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Monroe County, so as to change the members of the Board of Commissioners of Monroe County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 693. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Monroe County," so as to provide for an assistant tax commissioner; to provide for a clerk for the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 694. By Messrs. Hawes of the 95th, Shepherd of the 107th, Savage of the 104th, Stephens of the 103rd, Sims of the 106th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to payment of ad valorem tax; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 695. By Messrs. Lane of the 101st, Greer, Pelton and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary along Washington Road, and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 696. By Messrs. Lane of the 101st, Greer, Felton and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 697. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Leesburg, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 698. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to permit the trustees of any trust or any corporation which is treated as a private foundation under the Internal Revenue Code of 1954 may distribute its net income but may elect to expend cash or certain securities from principal for the purpose of avoiding the imposition of certain taxes on such trusts; and for other purposes.
Referred to the Committee on Judiciary.

HR 230-698. By Mr. Colwell of the 5th:
A Resolution compensating Mr. Paul Hunsinger; and for other pur poses.
Referred to the Committee on Appropriations.

MONDAY, FEBRUARY 22, 1971

1109

HE 231-698. By Messrs. Felton, Cook, Hawes and Greer of the 95th:
A Resolution proposing an amendment to the Constitution, so as to provide that residents of the City of Alpharetta who are 65 years of age or over, or who are totally disabled, and who have an income from all sources not exceeding $4,000 per annum, shall be granted a home stead exemption of $2,000 for ad valorem taxation by said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 232-698. By Messrs. McDaniell of the 117th and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution to provide that the State may incur guaranteed revenue debt by guaranteeing the payment of revenue obligations issued for toll bridges, toll roads, or any other land public transportation facilities or systems; and for other purposes.
Referred to the Committee on Highways.

HR 233-698. By Messrs. Lane of the 101st, Hawes, Felton and Greer of the 95th:
A Resolution proposing a Constitutional Amendment, so as to provide that residents of the City of Hapeville who are 65 years old or older and have an income of not more than $4,000 shall be granted a home stead exemption from ad valorem taxation by said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 234-698. By Messrs. Lane of the 101st, Hill of the 97th, Felton, Hawes and Cook of the 95th:
A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption to homeowners in the City of East Point who are 65 years old or older provided the income of such resi dents does not exceed $4,000 per annum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 235-698. By Messrs. Hawes, Felton, Horfcon and Greer of the 95th, Townsend of the 115th, Alexander of the 96th, and Savage of the 104th, and Mrs. Hamilton of the 112th, and others:
A Resolution proposing an amendment to the Constitution so as to allow the City of Atlanta to remove, demolish, close and clear the premises of properties or structures under certain conditions and to provide that such expenditures shall be established as liens against the properties involved; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 699. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to authorize the governing authority of each county to inspect all railroad crossings within the county and to designate certain crossings as "hazardous"; and for other purposes.
Referred to the Committee on Highways.

HB 700. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Levitas, Thomason and Farrar of the 77th, Geisinger and Collins of the 72nd, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act regulating preparation and recording plats of surveys in counties having a population of 300,000, so as to increase the population requirements to 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 701. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Collins and Geisinger of the 72nd, Noble and Bell of the 73rd and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act providing for the lease of park property in certain counties having a population of 300,000, so as to strike the population requirements and have inserted in lieu thereof the figure 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 702. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Levitas and Thomason of the 77th, Dean of the 76th, Farrar of the 77th, Collins and Geisinger of the 72nd, Noble and Bell of the 73rd:
A Bill to be entitled an Act to amend an Act providing for tax levies in counties having a population of 300,000 or more, so as to strike the figure 300,000 wherever it appears and inserting in lieu the figure 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 703. By Messrs. Davis, Westlake and Granade of the 75th, Noble and Bell of the 73rd, Levitas, Farrar, Russell and Thomason of the 77th, and Dean of the 76th:
A Bill to be entitled an Act to amend an Act to provide for a budget commission in certain counties, so as to strike the population require ments wherever they appear and insert in lieu thereof the figure 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, FEBRUARY 22, 1971

1111

HB 704. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Levitas, Thomason, Farrar of the 77th, Geisinger and Collins of the 72nd, Dean of the 76th, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act providing for the creation of a joint county-city tax board in counties having a greater population of 300,000, so as to strike the population requirements of 300,000 wherever they appear and to insert the figure 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 705. By Messrs. Davis, Granade, Westlake and Floyd of the 75th, Thomason, Farrar of the 77th, Collins and Geisinger of the 72nd, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act regulating and licensingthe sale of wine, so as to provide that any wholesaler of wine having a franchise or contract with any winery, manufacturer, or jobber to sell at wholesale wine in any county having a population of 400,000 shall pay to the governing authority a fee not to exceed that charged on malt beverages; and for other purposes.
Referred to the Committee on Temperance.

HB 706. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Levitas, Thomason and Farrar of the 77th, Collins and Geisinger of the 72nd, Dean of the 76th, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act so as to strike the figures 300,000 wherever they appear and insert in lieu thereof the figure 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 707. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Dean of the 76th, Levitas, Farrar and Thomason of the 77th, Collins and Geisinger of the 72nd, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act providing for a pension study commission in counties having a population of 300,000, so as to strike the population requirement of 300,000 and insert in lieu thereof the figure 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 708. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Jordan of the 74th, Dean of the 76th, Levitas, Thomason and Farrar of the 77th, Collins and Geisinger of the 72nd, Noble and Bell of the 73rd, Russell of the 77th:
A Bill to be entitled an Act to amend an Act so as to strike the popula-

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tion requirements of 300,000 and insert in lieu thereof the population requirement of 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 709. By Messrs. Davis, Granade and Westlake of the 75th, Noble and Bell of the 73rd, Collins and Geisinger of the 72nd, Farrar, Russell and Levitas of the 77th, Jordan of the 74th and Dean of the 76th:
A Bill to be entitled an Act to amend Section 91-8 of the Code pertain ing to sale of public property, so as to provide for the sale of county property under certain conditions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 710. By Messrs. Davis, Granade, Westlake and Floyd of the 75th, Jordan of the 74th, Collins and Geisinger of the 72nd, Farrar and Thomason of the 77th, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act regulating the sales and delivery of malt beverages so as to provide that in counties having a population of 400,000 the provision restricting the license fee of whole sale dealers in a city or county other than where its business is located shall not apply; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 711. By Messrs. Moyer and Nunn of the 41st, Brown, Bennett, Evans Pinkston and Scarborough of the 81st, Miller of the 83rd, Grahl of the 40th, and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act creating the Houston County Judicial Circuit, so as to change the effective date of said Act; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 712. By Mr. Carter of the 64th:
A Bill to be entitled an Act to amend an Act incorporating the City of Lakeland and repealing the charter of the town of Milltown, so as to provide that the Mayor of Lakeland shall be elected by a majority vote; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 713. By Messrs. Dixon and Sweat of the 65th, Wheeler of the 57th, Grantham of the 55th and Drury of the 66th:
A Bill to be entitled an Act to change the terms of superior court for the

MONDAY, FEBRUARY 22, 1971

1113

counties comprising the Waycross Judicial Circuit; and for other pur poses.
Referred to the Committee on Special Judiciary.

HB 714. By Messrs. Alexander of the 96th, Larsen of the 113th, Savage of the 104th, Daugherty of the 109th, Stephens of the 103rd, Adams of the 100th, Lane of the 101st, and others:
A Bill to be entitled an Act to amend an Act providing for tenure for teachers and other professional personnel of public school systems of each city of this State, so as to change the time of notifying pro bationary teachers that they will not be recommended for reelection to the second or third year of probation, or to tenure status; and for other purposes.
Referred to the Committee on Education.
HB 715. By Messrs. Miller of the 83rd and Scarborough of the 81st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Polygraph Examiners Act", so as to clarify certain provisions relating to exemption from filing an application and license fee; and for other purposes.
Referred to the Committee on State of Republic.

HB 716. By Messrs. Davis and Westlake of the 75th, Noble of the 73rd, Collins of the 72nd and Larsen of the 113th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to require metal protectors or substantial flexible flaps on the rearmost wheels of certain motor vehicles except under certain circumstances; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 717. By Messrs. Davis and Westlake of the 75th, Noble and Bell of the 73rd, Collins of the 72nd and Russell of the 77th:
A Bill to be entitled an Act to amend Code Chapter 32-9, relating to county boards of education, so as to require the State Board of Edu cation to promulgate rules and regulations authorizing county boards of education to require certain parking permits and prescribe fees there for; and for other purposes.
Referred to the Committee on Education.

HB 718. By Mr. Hadaway of the 27th: A Bill to be entitled an Act to create a new board of education of

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Jones County; to provide for the membership of said board; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee on State Planning and Community Affairs--Local Legislation:

HB 753. By Messrs. Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, so as to provide the procedure for determining the value of property for tax purposes under certain conditions; and for other purposes.

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

HB 667. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act placing the ordinary and clerk of the superior court of Hart County upon an annual salary, so as to authorize the governing authority to increase the compensation of certain employees of said officers; and for other purposes.

HB 668. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act creating the office of Tax commissioner of Hart County, so as to authorize the governing au thority of Hart County to increase the compensation of certain em ployees of the tax commissioner; and for other purposes.

HB 669. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 670. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Ringgold, so as to remove the authority of the mayor and aldermen of the City of Ringgold, and the City of Ringgold, to extend its system of waterworks beyond the city limits; and for other pur poses.

MONDAY, FEBRUARY 22, 1971

1115

HB 671. By Messrs. Wood, Whitmire and Williams of the llth:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Gumming, so as to add certain property to said city; and for other purposes.

HB 672. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Hall County, so as to change the compensation of the members of the Board of Commissioners of Hall County; and for other purposes.

HB 673. By Messrs. Harris of the 10th, Lane of the 44th, Adams of the 9th, Shanahan of the 8th, Collins of the 62nd, Poole of the 10th, Turner of the 3rd, Hudson of the 28th, Bowen of the 47th, Strickland of the 56th, Hadaway of the 27th and others.
A Bill to be entitled an Act to amend Code Section 95-5702, relating to the meaning of "fair market value" when used in tax laws, so as to pro vide that the meaning of "Fair market value" may also include the value of property calculated on its productivity; and for other purposes.

HB 674. By Messrs. Davis and Westlake of the 75th, Jordan of the 74th, Patterson of the 20th, Mauldin of the 12th, Wheeler of the 57th, Leggett of the 67th, Bell of the 73rd, Larsen of the 113th and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.

HB 675. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to create the office of Commissioner of Heard County; to provide his qualifications; and for other purposes.

HB 676. By Messrs. Howard, Atherton, Kreeger, McDaniell and Housley of the 117th, Cook, Felton, Greer, Hawes and Horton of the 95th, Mrs. Ham ilton of the 112th, Messrs. Levitas, Russell and Farrar of the 77th and others:
A Bill to be entitled an Act to amend an act changing the qualifications of persons elected ordinary in certain counties of this State, so as to provide that the ordinaries in such counties shall not engage in the private practice of laws; and for other purposes.

HB 677. By Messrs. Adams of the 100th, Savage of the 104th, Lane of the 101st, Williams of the llth, Mason and Dean of the 13th:
A Bill to be entitled an Act to provide that the Director of the Depart-

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JOURNAL OF THE HOUSE,

ment of Public Safety shall be authorized to permit physically handi capped persons to operate vehicles not otherwise permitted to be oper ated upon the public roads of this State; and for other purposes.

HB 678. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th, Miles, Mulherin and Cheeks of the 78th, Phillips of the 29th, McCracken of the 36th, Lewis of the 37th and Johnson of the 29th:
A Bill to be entitled an Act to add one additional judge of the Su perior Courts of the Augusta Judicial Circuit; to provide for the ap pointment of said judge; and for other purposes.

HB 679. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend Code Section 21-105, relating to the fees of coroners, so as to change certain of the population figures and the census contained therein; and for other purposes.

HB 680. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend the Urban Redevelopment Law, so as to change certain of the population figures contained therein and the applicable census; and for other purposes.

HB 681. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act providing that the tax receivers in certain counties shall receive as a commission two and onehalf percent of the taxes collected for the boards of education, so as to change the population figures and census contained therein; and for other purposes.

HR 197-681. By Mr. Harrington of the 34th: A Resolution authorizing and directing the State Personnel Board to add two longevity steps to the Merit System Compensation Plan; and for other purposes.
HB 682. By Mr. Lane of the 101st: A Bill to be entitled an Act to amend an Act regulating employment of children and providing hours for their employment, so as to pro vide that children under 16 years but over 10 years old may be em ployed to sell or deliver newspapers in residential areas between certain hours; and for other purposes.
HB 683. By Messrs. Savage of the 104th and Granade of the 75th: A Bill to be entitled an Act relating to consumer protection and war-

MONDAY, FEBRUARY 22, 1971

1117

ranties and constituting the Georgia Consumer Warranty Act; and for other purposes.

HB 684. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said City; and for other purposes.

HB 685. By Messrs. Lee of the 61st and Lambert of the 25th:
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 exemptions from the taxes imposed by said Act; and for other purposes.

HB 686. By Messrs. Harris, Roach and Poole of the 10th:
A Bill to be entitled an Act to provide that coroners in counties having a population of not less than 32,600 and not more than 32,700, shall be compensated $100 per month, to be paid out of county funds; and for other purposes.

HB 687. By Messrs. Atherton of the 117th and Westlake of the 75th:
A Bill to be entitled an Act to provide for fiscal responsibility of incorporated municipalities of this State; and for other purposes.

HE 199-687. By Messrs. Larsen of the 113th, Alexander of the 96th and Hawes of the 95th:
A Resolution proposing an amendment to the Constitution so as to provide that $4,000 homestead exemption of certain persons 65 years of age or over shall apply to all taxes levied by the City of Atlanta; and for other purposes.

HR 225-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of taxes imposed by the Geor gia Retailers' and Consumers' Sales and Use Tax Act upon certain tangible personal property purchased outside the State of Georgia; and for other purposes.

HR 226-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale and use of Holy Bibles and Testaments until the next meeting of the General Assembly; and for other purposes.

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HE 227-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property and services sold to certain non-profit general and mental hospitals; and for other purposes.

HR 228-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Goverrnor, suspending the collection of the taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain fares and charges collected by certain transit systems; and for other purposes.

HR 229-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of Georgia wines taxes on the sale and use of wine to certain churches and synagogues for Sacra mental Services until the next meeting of the General Assembly; and for other purposes.

HB 688. By Messrs. Melton of the 32nd and Miles of the 78th:
A Bill to be entitled an Act to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act to exempt the sale of Sacred Scripture; and for other purposes.

SR 47. By Senators Reynolds of the 48th, Fincher of the 51st, Overby of the 49th and others:
A Resolution creating the Richard Brevard Russell Monument Com mission; and for other purposes.

SB 121. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.

SB 122. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Pickens County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the Ordinary; and for other purposes.

MONDAY, FEBRUARY 22, 1971

1119

SB 123. By Senator London of the 50th:
A Bill to be entitled an Act to provide for the terms of office of members of the Board of Pickens County Hospital Authority; and for other purposes.

SB 142. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act establishing juvenile courts, so as to require judges of the Juvenile courts to release the name and picture, if available, of any child under the jurisdiction of the court as delinquent child for the second or subsequent time; and for other purposes.

SB 143. By Senators Ward of the 39th, Coverdell of the 56th, Garrard of the 37th and others:
A Bill to be entitled an Act to provide that the governing authority in any county. . . having a population of more than 500,000. . . shall appoint a Director of Registrations and Elections who shall have the duties and functions of Chief Registrar; and for other purposes.

SB 145. By Senators Ward of the 39th, Coverdell of the 56th, Garrard of the 37th and others:
A Bill to be entitled an Act to amend an Act providing for a Board of Elections in each county of 500,000; to create the position of Director of Registrations and Elections; and for other purposes.

SB 150. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating the Commissioner of Pickens County, so as to change the compensation of the Com missioner; and for other purposes.

SB 165. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Claxton, in the County of Evans, so as to create in lieu of the mayor's court a recorder's court; and for other purposes.

SB 86. By Senator Adams of the 5th:
A Bill to be entitled an Act to amend Title 114 of the Code relating to Workmen's Compensation, so as to further define "injury", "personal injury", and "occupational disease"; and for other purposes.

SB 96. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act known as the Retail Installment and Home Solicitation Sales Act, so as to provide that

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the buyer shall have the right to cancel a home solicitation sale agree ment until midnight of the third business day following the day on which the buyer signs the agreement; and for other purposes.

SR 5. By Senators Higginbotham of the 43rd, Gillis of the 20th, Brown of the 47th and others:
A Resolution designating September 24 as Vietnam War Veterans' Day; and for other purposes.

SR 14. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to add three members to the State Board of Pardons and Paroles; and for other purposes.

SB 102. By Senator Rowan of the 8th:
A Bill to be entitled an Act to establish the Georgia Firefighter Standards and Training Council; and for other purposes.

SB 134. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act prescribing qualifications for employment as an agent for the Georgia Bureau of Investigation of the Department of Public Safety, so as to remove the qualifications for employment as an agent of the Georgia Bureau of Investigation; and for other purposes.

SB 172. By Senators McGill of the 24th, Kennedy of the 4th, Young of the 13th and others:
A Bill to be entitled an Act to amend an Act providing for the regula tion of livestock sales at auctions, so as to provide for payment of livestock on the same date as purchased and payment shall be de posited by the sales establishment not later than the next banking day; and for other purposes.

Mr. Levitas of the 77th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community 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:
SB 82. Do Pass. HB 186. Do Pass.

MONDAY, FEBRUARY 22, 1971

1121

HB 655. Do Pass. HB 656. Do Pass. HB 657. Do Pass. HB 664. Do Pass. HB 430. Do Pass, as Amended. HB 483. Do Pass.

Respectfully submitted, Levitas of the 77th, 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 178. By Messrs. Smith, Cole and Turner of the 3rd:
A Bill to amend an Act, amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to change the provisions relative to age at retirement date; and for other pur poses.

HB 228. By Messrs. Snow, Hayes and Clements of the 1st, and Peters of the 2nd:
A Bill creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), so as to increase compensation which may be paid the clerk-typist of the district attorney; and for other purposes.

HB 281. By Messrs. Cole and Smith of the 3rd:
A Bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County, so as to change the title of the Comptroller; and for other purposes.

HB 339. By Messrs. Pickard, Pearce and Buck of the 84th, Berry of the 85th, King and Davis of the 86th:
A Bill to amend an Act creating the Muscogee County School District, so as to provide that no member of the Museogee Board of Education.

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shall be eligible for reappointment after such member has served two consecutive full terms on said Board; and for other purposes.

HB 346. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act incorporating the City of Cobbtown in the County of Tattnall, so as to change the corporate limits of said City; and for other purposes.

HB 351. By Messrs. Salem and Rush of the 51st:
A Bill to amend an Act incorporating the City of Lyons, so as to redefine the city limits of the City of Lyons; and for other purposes.

HB 358. By Messrs. Logan and Matthews of the 16th:
A Bill to amend an Act establishing a City Court in the County of Clarke, so as to abolish the office of special investigator; and for other purposes.

HB 359. By Messrs. Logan and Matthews of the 16th:
A Bill to abolish the office of treasurer of Clarke County; to provide that the board of commissioners shall appoint depositories for county funds; and for other purposes.

HB 23. By Mr. Alexander of the 108th:
A Bill to amend Code Section 105-1306, relating to actions for the homicide of a wife or mother, so as to delete the requirement that any illegitimate child or children must be dependent upon the mother in order to recover for the homicide of the mother; and for other purposes.

HB 46. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to amend Code Section 30-102, relating to the grounds for total divorce, so as to provide that drug addiction shall constitute a ground for divorce; and for other purposes.

SB 54. By Senator Stephens of the 36th:
A Bill to amend an Act creating the Peace Officers Annuity and Benefit Fund as amended, so as to change the benefits under the options provided for retired persons and those who retire in the future; to repeal conflicting laws; and for other purposes.

SB 59. By Senators Hill of 29th, McGill of the 20th, and Kidd of the 25th:
A Bill to amend an Act establishing the Ga. Legislative Retirement System as amended, so as to provide that members of said System

MONDAY, FEBRUARY 22, 1971

1123

shall become members of the Employees' Retirement System of Geor gia; to repeal conflicting laws; and for other purposes.

SB 60. By Senator Kidd of the 29th:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that members of the Georgia Legislative Retirement System shall become members of the Employees' Retirement System of Georgia; to repeal conflicting laws; and for other purposes.

SB 175. By Senator Holley of the 22nd:
A Bill to amend Code Chapter 14-18, relating to notes, contracts and public holidays, as amended, so as to authorize the Governor to declare banking holidays under certain emergency conditions; to provide that the Superintendent of Banks shall have the authority under emergency conditions to order any one or more banks to restrict all or part of their business; to repeal conflicting laws; and for other purposes.

SB 176. By Senator Holley of the 22nd:
A Bill 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; to repeal conflicting laws; and for other purposes.

SB 179. By Senator Holley of the 22nd:
A Bill to amend Code Section 13-2001, relating to the number, elections terms of office and vacancies of boards of directors of State Chartered banks, as amended, so as to change the minimum number of directors; to repeal conflicting laws; and for other purposes.

The Senate has adopted the following Resolutions of the House, to-wit:
HR 200. By Mr. Adams of the 100th and others:
A Resolution commending and paying tribute to the Honorable Lewis R. Slaton, District Attorney for the Atlanta Judicial Circuit, and the Honorable Hinson McAuliffe, Solicitor, Criminal Court of Fulton County, for their efforts and accomplishments in reducing the availabili ty of pornographic materials in the City of Atlanta and Fulton County; and for other purposes.

HR 201. By Mr. Johnson of the 29th and others:
A Resolution commending the members of the Joint Guard of Honor who participated in Georgia ceremonies for Richard Brevard Russell; and for other purposes.

1124

JOURNAL OF THE HOUSE,

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

SB 144. By Senators Ware of the 39th, Patton of the 40th, Smith of the 34th and others:
A Bill to provide for the equalization of tax assessments in all counties having within its borders all or the greater part of a city having a population of 300,000 or more . . .; and for other purposes.

SB 182. By Senator Starr of the 44th:
A Bill to repeal an Act requiring all candidates for the General Assem bly in counties having a certain population to designate and qualify for the seats in the General Assembly and to name their opponents; and for other purposes.

SB 181. By Senator Starr of the 44th:
A Bill to declare that accumulations of junk, refuse, and discarded personalty, including vehicles, on private premises in the unincorpo rated areas of Clayton County shall constitute a public nuisance; and for other purposes.

SB 183. By Senator Starr of the 44th: A Bill to repeal an Act consolidating the offices of the clerk of the superior court and inferior court in and for certain counties; to repeal conflicting laws; and for other purposes.
SB 184. By Senator Starr of the 44th: A Bill to repeal an Act prohibiting the buying, selling, delivering or receiving of any farm products between sunset and sunrise in certain counties; and for other purposes.
SB 185. By Senator Starr of the 44th: A Bill to provide for the custody and disposition of county funds collected by employees and officers of Clayton County; to repeal con flicting laws; and for other purposes.

SB 191. By Senator Scott of the 17th:
A Bill to amend an Act creating a new Charter for the City of Thomaston, as amended, so as to change the present corporate limits of said City and to describe the new territory becoming a part of the City of Thomaston; and for other purposes.

MONDAY, FEBRUARY 22, 1971

1125

SB 192. By Senator Scott of the 17th:
A Bill to amend an Act placing the sheriff of Upson County on an annual salary, as amended, so as to increase the compensation of the sheriff and the chief deputy sheriff; and for other purposes.

SB 195. By Senators Smith of the 34th, Coggin of the 35th, Ward of the 39th and others:
A Bill to amend an Act incorporating Union City, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.

SB 13. By Senator Stephens of the 36th:
A Bill to amend an Act entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing pensions to county employees, etc.", so as to provide for credit for federal government employment; and for other purposes.

SB 14. By Senator Stephens of the 36th:
A Bill to amend an Act entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees, etc.", so as to provide additional pension benefits; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SB 82. By Senators Lester of the 23rd and Holley of the 22nd: A Bill to be entitled an Act to amend an Act providing a pension system for the retirement of certain employees of the City of Augusta, as amended, so as to provide for an increase of benefits for retired employees based on the U.S. Consumer Price Index; and for other purposes.
The report 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.

1126

JOURNAL OF THE HOUSE,

HB 186. By Messrs. Miles and Mulherin of the 78th, Smith and Sherman of the 80th, and Connell and Dent of the 79th:
A Bill to be entitled an Act to amend an Act creating retirement benefits for employees of Richmond County, as amended, so as to provide for the refund of the entire contributions to the pension fund of a discharged employee under certain conditions; and for other pur poses.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 384. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements within the rightof-way of any public street within Clayton County or on any public property or building in 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 105, nays 0.

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

HB 655. By Messrs. Roach, Poole and Harris of the 10th:
A Bill to be entitled an Act to amend an Act reincorporating the town (now city) of Canton, so as to provide that the recorder's court shall have the authority to set fines up to $300 while sitting to try cases; and for other purposes.

The report 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.

MONDAY, FEBRUARY 22, 1971

1127

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

HB 656. By Messrs. Roach, Poole and Harris of the 10th: A Bill to be entitled an Act to amend an Act creating the office of commissioner of Cherokee County, as amended, so as to change the provisions relating to the compensation of the clerk serving the office of the commissioner of Cherokee 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 657. By Messrs. Roach, Poole and Harris of the 10th: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Cherokee County on a salary system in lieu of the fee system as amended so as to change the provisions relative to the compensation of the deputies and clerical assistants 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 664. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Morgan, as amended, so as to change the method of nominating and electing candidates for the office of Commissioner; and for other purposes.

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

1128

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 105, nays 0.

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

HR 184-623. By Mr. Knowles of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes and to guarantee payment, in whole or in part of water or water and sewerage revenue bonds issued, from time to time, by the county and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system in Henry County; to provide that this amendment shall be self-executing; to provide that the General Assem bly may grant additional powers not inconsistent with the provisions of this amendment; 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 IV, Paragraph II of the Constitu tion is hereby amended by adding at the end thereof the following:
"The governing authority of Henry County is hereby authorized to levy a tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in said County. The proceeds of such tax shall be appropriated to the Henry County Water Authority and used for water or water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system in Henry County."
This amendment is self-executing and does not require any enabl ing legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to Henry County and the Henry County Water Authority not incon sistent with the provisions of this amendment.
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 Constitution of Georgia of 1945, as amended.

MONDAY, FEBRUARY 22, 1971

1129

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 governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located in Henry County; to provide that the proceeds of such tax shall be appropriated to the Henry County Water Authority and used for water or water and sewerage purposes and to guarantee pay-
) ment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system in Henry 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 returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond

Bostick Bowen Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell

Cheeks Clements Cole Collins, S. Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon

1130
Dorminy
Drury Edwards Egan Evans Floyd, J. H. Fraser Gary Gaynor Geisinger Grahl Granade Grantham Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J.

JOURNAL OF THE HOUSE,

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton
Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S.

Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Thompson Toles Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Barfield Bennett, Tom Brantley, H. H. Brantley, H. L. Collier Collins, M. Colwell Conger Cook Dailey Dean, N. Ezzard

Farrar Felton Floyd, L. R. Gignilliat Greer Griffin Gunter Hamilton Hood Housley Howell Johnson Knight

Longino Mullinax Phillips, L. L. Reaves Russell, A. B. Shanahan Smith, J. R. Strickland Town send Triplett Wheeler, Bobby Mr. Speaker

MONDAY, FEBRUARY 22, 1971

1131

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 185-634. By Messrs. Harris, Poole and Roach of the 10th:
A RESOLUTION
Proposing a constitutional amendment so as to provide that resi dents of the City of Cartersville who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; 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, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Cartersville who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $4,000.00 per annum, and each resident of the City of Cartersville who is totally dis abled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Cartersville as long as any such resident of the City of Cartersville actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Cartersville. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Cartersville, or with a person designated by the governing authority of the City of Cartersville, giving his age and the amount of income which he receives and the income which members of his family living in his home receive, and such ad ditional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Cartersville, or the person designated by the governing authority of the City of Cartersville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Cartersville, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

1132

JOURNAL OP 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 residents of the City of Cartersville who are 62 years of age or over, or who are totally disabled,
NO ( ) and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City?"

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, G. D.
Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Battle
Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond Bostick Bowen Bray Brown, B. D.

Brown, C.
Brown, S. P. Buck Burruss Busbee Carr Carter
Chance Chandler Chappell Cheeks Clements Cole Collins, S. Coney, G. D. Coney, J. L. Connell Daugherty

Davis, E. T.
Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy
Drury Edwards Egan Evans Floyd, J. H. Fraser Gary Gaynor Geisinger Grahl Granade

MONDAY, FEBRUARY 22, 1971

1133

Grantham Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Hudson, C. M.
Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan

Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pickard Pinkston Poole

Potts Rainey Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, V. T.
Snow Sorrells Stephens Sweat Thomason Thompson Toles Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams
Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Barfield Bennett, Tom Brantley, H. H. Brantley, H. L. Collier Collins, M. Colwell Conger Cook Dailey
Dean, N. Ezzard

Farrar Felton Floyd, L. R. Gignilliat Greer Griffin Gunter Hamilton Hood Housley Howell Johnson Knight

Longino Mullinax Phillips, L. L. Reaves Russell, A. B. Shanahan Smith, J. R. Strickland Townsend Triplett Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 157, nays 0.

1134

JOURNAL OF THE HOUSE,

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

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 13. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend an Act entitled "An Act au thorizing the Board of Commissioners of Roads and Revenues for Ful ton County to establish rules and regulations governing pensions to county employees, etc.", so as to provide for credit for federal govern ment employment; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 14. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend an Act entitled "An Act authoriz ing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees, etc.", so as to provide additional pension benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 54. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to change the benefits under the options provided for retired persons and those who retire in the future; and for other purposes.
Referred to the Committee on Retirement.
SB 59. By Senators Hill of the 29th, McGill of the 24th and Kidd of the 25th: A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide that members of said System shall become members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Retirement.
SB 60. By Senator Hill of the 29th: A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that members

MONDAY, FEBRUARY 22, 1971

1135

of the Georgia Legislative Retirement System shall become members of the Employees' Retirement System of Georgia; and for other pur poses.
Referred to the Committee on Retirement.

SB 144. By Senators Ward of the 39th, Patton of the 40th, Smith of the 34th and others:
A Bill to be entitled an Act to provide for the equalization of tax assess ments in all counties having within its borders all or the greater part of a city having a population of 300,000 or more . . .; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

SB 175. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Chapter 14-18, relating to notes, contracts and public holidays, so as to authorize the Governor to declare banking holidays under certain emergency conditions; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 176. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2021, relating to loans upon or purchases of bank stock by banks, so as to prohibit loans by banks, so as to prohibit loans by banks on its capital notes or de bentures and to prohibit purchases by banks of its capital notes or debentures; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 179. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2001, relating to the number, elections, terms of office and vacancies of boards of direc tors of State Chartered banks, so as to change the minimum number of directors; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 181. By Senator Starr of the 44th:
A Bill to be entitled an Act to declare that accumulations of junk, ref use, and discarded personalty, including vehicles, on private premises in the unincorporated areas of Clayton County shall constitute a public nuisance; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1136

JOURNAL OP THE HOUSE,

SB 182. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act requiring all candidates for the General Assembly in counties having a certain population to desig nate and qualify for the seats in the General Assembly and to name their opponents; and for other purposes.
Referred to the Committee on State of Republic.

SB 183. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an act consolidating the offices of the clerk of the superior court and inferior court in and for certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 184. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act prohibiting the buying, selling, delivering or receiving of any farm products between sunset and sunrise in certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 185. By Senator Starr of the 44th:
A Bill to be entitled an Act to provide for the custody and disposition of county funds collected by employees and officers of Clayton County and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 191. By Senator Scott of the 17th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Thomaston, so as to change the present corporate limits of said city and to describe th new territory becoming a part of the City of Thomaston; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 192. By Senator Scott of the 17th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Upson County on an annual salary, so as to increase the compensation of the sheriff and the chief deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, FEBRUARY 22, 1971

1137

SB 195, By Senators Smith of the 34th, Coggin of the 35th, Ward of the 39th and others:
A Bill to be entitled an Act to amend an Act incorporating Union City, and the several Acts amendatory thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on State Plan ning and Community Affairs:

HB 459. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Chattooga County, as amended, so as to provide for the District Attorney of the Lookout Mountain Judicial Circuit to assume the duties and powers of the solicitor; and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Rules and referred to the Committee on State Planning and Community Affairs:

HR 172-521. By Messrs. Davis and Floyd of the 75th, Collins and Geisinger of the 72nd, Jordan of the 74th and others:
A Resolution creating the DeKalb County Education Study Commission; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 166. By Messrs. Fraser of the 59th, Rush and Salem of the 51st and Brantley of the 52nd: A Bill to be entitled an Act to add one additional judge of the superior courts of the Atlantic Judicial Circuit; and for other purposes.
The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend House Bill No. 166 as follows:
By adding a new section 13 and by renumbering Section 13 on line 15 as Section 14, said new Section 13 to read as follows:
"Section 13. It is the intent of the General Assembly that the need

1138

JOURNAL OF THE HOUSE,

for this additional judgeship on a population basis is marginal. On bal ance several collateral reasons abundantly support the need for this additional judge, as follows:

(1) Location of Reidsville State Prison within the circuit
(2) Military Installations located within the circuit
(3) Present Superior Court Judge serves as Juvenile Judge for six counties within the circuit."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier

Collins, S. Coney, G. D. Coney, J. L. Connell Davis, E. T. Dean, Gib Dean, N. Dent Dorminy Drury Evans Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Hadaway Ham Hamilton Harrington Harris Hawes Hays Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg

Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton
Merritt Miles Milford

Miller Morgan Moyer Mulherin Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten
Pearce
Peters
Phillips, G. S.
Phillips, W. R.

MONDAY, FEBRUARY 22, 1971

1139

Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan
Sherman
Sims
Smith, H. R.
Smith, J. R.

Smith, V. T. Sorrells Stephens Strickland Thomason Thompson Toles Tripp Turner Vaughn Westlake Wheeler, J. A. Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Burruss

Dixon

Sweat

Those not voting were Messrs.:

Blackshear Bond Brown, B. D. Brown, C. Collins, M. Colwell Conger Cook Dailey Daugherty Davis, W. Dean, J. E. Edwards Egan Ezzard Felton

Gignilliat Grahl Greer Griffin Gunter Harrison Hill, B. L. Hill, G. Hood Horton Housley Howard Jordan Knight Longino McDaniell

Moore Mullinax Phillips, L. L. Pickard Pinkston Reaves Shepherd Snow Townsend Triplett Wamble Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 146, nays 3.

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

1140

JOURNAL OF THE HOUSE,

HE 90-233. By Messrs Evans, Bennett, Brown, Pinkston and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:

A RESOLUTION

Authorizing the Georgia Forest Research Council to execute a longterm lease with 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.

WHEREAS, pursuant to a Resolution Act, approved March 20, 1970 (Ga. Laws 1970, p. 404), the Georgia Forest Research Council was au thorized to negotiate and execute a long-term lease not to exceed 49 years with the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture to the following described tract:

All that tract or parcel of land in the seventh Land District of Bibb County, Georgia, being parts of land lots numbers 106 and 113 thereof, containing two and three-tenths (2.3) acres more or less, particularly described as follows: Commencing at a point on north east side of Bowden Road, said point being 129 feet, N 2100'W from a chiseled cross in the concrete on the center line of Bowden Road, thence N 2900'W along the northeast side of Bowden Road a distance of 419.4 feet to a point; thence N 71 30' E along south side of parking lot a distance of 311.7 feet to corner of fence on south side of gate No. 2; thence southeasterly along fence and western right-of-way of Riggins Mill Road a distance of 314.7 feet to a corner of fence on north side of gate No. 3; thence S 4930'W a distance of 266.5 feet to point of beginning; and

WHEREAS, said authorization was prompted in part by the wil lingness of the Forest Service to provide additional laboratory space and renovations to the Forest Fire Laboratory existing on said tract; and
WHEREAS, plans for said renovation and expansion have been augmented to include a major facility with an estimated cost of $1,680,000, financed from funds appropriated to the Forest Service by the U. S. Congress; and

WHEREAS, regulations of the United States government require a lease that extends over the expected life of the planned facility in order for said funds to be expended; and
WHEREAS, the expected life of this planned facility is 99 years.
NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Forest Research Coun cil is hereby authorized to negotiate and execute a long-term lease not to exceed 99 years to the above-described tract with the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agri culture for the purposes above enumerated.

MONDAY, FEBRUARY 22, 1971

1141

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, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bowen Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, S. Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy

Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harris Hays Hill, G. Horton Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis

Logan Lowrey Marcus Matthews, C.
Mauldin. Maxwell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford
Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, W. B. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R.

1142
Smith, V. T. Sweat Thomason Thompson Toles

JOURNAL OP THE HOUSE,

Tripp Turner Vaughn Ware
Westlake

Wheeler, J. A. Whitmire Williams Wilson
Wood

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Battle Bostick Brantley, H. H. Collier Collins, M. Colwell Cook Dailey Drury Egan Gignilliat Grahl Greer

Gunter Harrison Hawes Hill, B. L. Hood Housley Howard Knight Lambert Longino Mason Matthews, D. R. McCracken McDaniell Patten

Pickard Reaves Russell, A. B. Russell, H. P. Shanahan Smith, J. R. Snow Sorrells Stephens Strickland Townsend Triplett Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Drury of the 66th stated that he had been called from the floor of the House when the roll was called on HR 90-233, and wished to be recorded as vot ing "aye".
HB 113. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act", which is entitled an Act to merge the Georgia Rural Roads Authority, known as the "Georgia Rural Roads Authority Act"; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act (Ga. Laws 1967, Vol. 1, p. 385) known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created

MONDAY, FEBRUARY 22, 1971

1143

by an Act approved February 8, 1955 (Ga. Laws 1955, p. 124), as amended, and known as the "Georgia Rural Roads Authority Act", into the Georgia State Highway Authority heretofore created by an Act ap proved March 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 626), as amended, and known as the "Georgia State Highway Authority Act", so that the two public corporations become one public corporation, the Georgia State Highway Authority, which shall be renamed and here after known as the "Georgia Highway Authority," the continuing and
surviving public corporation, approved April 4, 1967 (Ga. Laws, 1967, Vol. 1, p. 385), so as to define or redefine certain words and terms used in the Act, including, without being limited to, "Urban Road", "Urban Road Projects", "Urban County", "Urban Incorporated Municipality", "governing authority of a county", and "governing authority of an in corporated municipality"; to authorize the authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property and to construct, reconstruct, lay out, repair, improve, operate, own and otherwise deal with self-liquidating projects embrac ing Urban Roads as defined in the Act, such projects to be leased to and operated by the State Highway Department as a part of the system of Urban Roads as defined in the Act, such projects to be leased to and operated by the State Highway Department as a part of the system of Public Roads of the State or the State Highway System, as the case may be; to provide for the conveyance of rights-of-way to the Authority from any incorporated municipality; to provide for the Authority to purchase rights-of-way at a nominal price from any incorporated municipality in the State of Georgia; to authorize the issuance of bonds of the Au thority up to a limit of $184,000,000 for the State Roads, $100,000,000 for Rural Roads and $100,000,000 for Urban Roads, said bonds to be payable from revenues, rents and earnings of the Authority; to provide that this Act shall not become effective until the excise tax imposed on the sale or use of motor fuel within this State shall be at least eight and one-half (8%) cents per gallon; to provide for the selection by the State Highway Board of urban road projects; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Act (Ga. Laws 1967, Vol. 1, p. 385), known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act ap proved February 8, 1955 (Ga. Laws 1955, p. 124), as amended, and known as the "Georgia Rural Roads Authority Act", into the Georgia State Highway Authority heretofore created by an Act approved March 25, 1953, (Ga. Laws 1953, Jan.-Feb. Sess., p. 626), as amended and known as the "Georgia State Highway Authority Act", so that the two
public Corporations become one public corporation, the Georgia State Highway Authority, which shall be renamed and hereafter known as the "Georgia Highway Authority", the continuing and surviving public cor poration, approved April 4, 1967 (Ga. Laws 1967, Vol. 1, p. 385), is hereby amended by striking Section 3 thereof in its entirety and sub stituting a new Section 3, to read as follows:

"Section 3. Definitions--As used in this Act, the following words and terms shall have the meaning hereinafter indicated, un-

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JOURNAL OF THE HOUSE,

less the context shall clearly indicate another or different meaning or intent:

(a) Authority--Georgia Highway Authority resulting from the merger set forth in Section 2 of this Act.

(b) Bonds and revenue bonds--Any bonds issued by the Au thority or either of the constituent public corporations, whether issued under the provisions of this Act, or otherwise, including re funding bonds.

(c) Project--As used in this Act, the term project shall mean:

(1) A continuous length or stretch of State Road (includ ing bridges thereon) as to which the Authority has undertaken or agreed to undertake any action permitted by the terms of this Act, or as to which any such action has been completed by the Authority; and

(2) A continuous length or stretch of Rural Road (includ ing bridges thereon) as to which the Authority has undertaken or agreed to undertake any action permitted by the terms of this Act, or as to which any such action has been completed by the Authority; and

(3) A continuous length or stretch of Urban Road (includ ing bridges thereon) as to which the Authority has undertaken or agreed to undertake any action permitted by the terms of this Act, or as to which any such action has been completed by the Authority; and

(4) One or more bridges (as herein defined) together with the approaches thereto (as herein defined).

(d) Bridge--A structure of standard design approved by the State Highway Department or its successor in office erected in order:

(1) To afford unrestricted vehicular passage over obstruc tions in the public highways of the State, or between the State and any neighboring State, including, but not limited to, rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals and
(2) To afford unrestricted vehicular passage under exist ing railroads and public highways.
(e) Approach--Not more than three miles of the traffic artery on either end of the bridge and within the limit shall mean so much of the traffic arteries on either end of the bridges as shall be re quired to develop the maximum traffic capacity of the bridge, in cluding necessary grading, paving, drainage structures or facilities and other construction necessary to the approach.

MONDAY, FEBRUARY 22, 1971

1145

(f) State Road--Any continuous stretch of public way, road, thoroughfare, street or right-of-way designated as part of the State Highway System of State-aid roads (which for the purpose of this Act is the same as Primary Federal Aid and Secondary Federal Aid roads, and the Appalachian Development Highway System to gether with the local access roads appertaining thereto) in the man ner provided by law and not located wholly within the boundaries of any incorporated municipality, used to afford passage to persons and vehicles from one point to another within this State, including any bridges located thereon necessary to the convenient and unim peded use of such road. The term shall also include a reasonable right-of-way on each side of any such road, together with the necessary drainage system, culverts, cuts, fills, and other appur tenances necessary or useful in connection with such road or ac quired for the purpose of improving or straightening any such road.

(g) Rural Road--Any continuous stretch of public way, road, thoroughfare, street or right-of-way not located wholly within the boundaries of any incorporated municipality, and not now or as of the particular time of inquiry in the future a State Road (as above defined) or Urban Road (as herein defined) used to afford passage to persons and vehicles from one point to another within this State, including any bridge or bridges located thereon necessary to the convenient and unimpeded use of such road. The term shall include not only such roads as come within this definition at or after the approval of this Act, but also such roads as above defined which may from time to time be planned, laid out and constructed by the Authority pursuant to this Act. The fact that a road owned by the Authority and leased to the State may as provided by his Act be declared part of the State highway system shall not destroy its identity as a Rural Road for the purposes of this Act. The term shall also include a reasonable right-of-way on each side of such road, together with the necessary drainage systems, culverts, cuts, fills, and other appurtenances necessarry or useful in connec tion with such road.

(h) Urban Road--Any continuous stretch of public way, road, thoroughfare, street or right-of-way located:

(i) Anywhere wholly within the boundaries of an urban County; or
(ii) Wholly or partly within an urban incorporated munic ipality within the boundaries of a county with a population under 100,000 according to the most recent decennial federal census and extending no more than two miles outside of such urban incorporated municipality; and used to afford passage to persons and vehicles from one point to another within this State, including any bridge or bridges located thereon necessary to the convenient and unimpeded use of such road.
The term shall include not only such roads as come within this definition at or after the approval of this Act, but also such roads as above defined which may from time to time be planned, laid out and constructed by the Authority pursuant to this Act. The fact

1146

JOURNAL OF THE HOUSE,

that a road owned by the Authority and leased to the State may as provided by this Act be declared part of the State highway sys tem shall not destroy its identity as an Urban Road for the pur poses of this Act. The term shall also include a reasonable rightof-way on each side of such road, together with the necessary drainage system, culverts, cuts, fills, and other appurtenances necessary or useful in connection with such road.

(i) Urban County--Any county with a population of more than 100,000, according to most recent Federal decennial census.

(j) Urban Incorporated Municipality--A municipal corporation incorporated and chartered pursuant to an Act of the General As sembly of Georgia, and which has a population of 5,000 or more according to the 1970 official United States census or any future official United States census.

(k) Governing Authority of a County--The commissioner, board of commissioners, commission or other person or body of per sons at the time entrusted by law with the administration of the fiscal affairs of any county.
(1) Governing Authority of any Incorporated Municipality-- The mayor, board of aldermen, city council, board, council, commis sion or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any incorporated municipality.
(m) Cost of project or projects--The cost of construction, cost of all land, properties, franchises, and rights in property, the cost of all machinery and equipment necessary for operation of a project, financing charges, interest prior to and during construction, cost of engineering, plans and specifications, surveys and supervision, legal expenses, expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, fiscal expense and such other expense as may be necessary or inci dent to the financing authorized by this Act and the expense of construction or any action permitted by this Act with respect to a particular project, and the placing of the same in operation, and including any other expense authorized by this Act to be incurred by the Authority which is incurred with respect to any action as regards a particular project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and be paid or reimbursed as such out of the proceeds of bonds issued under the provisions of this Act for such project or group of projects.
(n) Self-liquidating--A project, or group of projects shall be self-liquidating if in the judgment of the Authority the revenues, rents and earnings derived by the Authority therefrom will be suf ficient to pay the principal of and interest on bonds which may be issued to finance the cost of such project or group of projects plus the cost of maintaining, repairing and operating said projects or combination of projects and other lawful expenses of the Au thority.

MONDAY, FEBRUARY 22, 1971

1147

(o) State Highway Board--As used in this Act shall mean either the State Highway Board or the Director of the State High way Department acting as the chief executive officer of the State Highway Department and whenever any action is required to be taken, any power is permitted to be exercised, any approval is to be granted or any contract is to be executed pursuant to any provision of this Act by the State Highway Board, the same may be taken, exercised, granted or executed by the Director of the State High way Department to the extent now permitted by law, that is to say, the Director of the State Highway Department under this Act shall possess and exercise all power and authority of the State Highway Board delegated to him by said Board when it is not in regular or called session, with full authority to execute contracts, lease agreements and all other undertakings."
Section 2. Said Act is further amended by adding to subsections (a) and (b) of Section 6 after the words "Rural Road" the words "or Urban Road", by relettering subsection (c) as subsection (d), and by adding a new subsection (c), so that as amended Section 6 shall read as follows:
"Section 6. Conveyance of property.--(a) The Governor of this State is authorized and empowered to convey, on behalf of the State, to the Authority any real property or interest therein, or any rightsof-way now or hereafter owned by the State (including property or rights-of-way acquired in the name of the State Highway Depart ment or Board) which is at the time used, or may upon completion of any action permitted to the Authority by this Act be used as a State Road or a Rural Road or an Urban Road. The consideration for such conveyance shall be determined by the Governor and ex pressed in the deed of conveyance: Provided, however, that such consideration shall be nominal, the benefits flowing to the State and its citizens constituting full and adequate actual consideration.
(b) The governing authority of any county of this State is authorized and empowered, on behalf of such county, to convey to the Authority any real property or interest therein or any rights-ofway now or hereafter owned by such county, which is at the time used, or may be upon completion of any action permitted to the Au thority by this Act used as a Rural Road or an Urban Road. The con sideration for such conveyance shall be determined by the governing authority of such county and expressed in the deed of conveyance: Provided, however, that such consideration shall be nominal, the benefit flowing to the county and its citizens constituting full and adequate actual consideration.
(c) The governing authority of any incorporated municipality of this State is authorized and empowered, on behalf of such in corporated municipality, to convey to the Authority any real proper ty or interests therein or any rights-of-way now or hereafter owned by such incorporated municipality, which is at the time used, or may be upon completion of any action permitted to the Authority by this Act used as an Urban Road. The consideration for such con veyance shall be determined by the governing authority of such incorporated municipality and expressed in the deed of conveyance: Provided, however, that such consideration shall be nominal, the

1148

JOURNAL OP THE HOUSE,

benefit flowing to the incorporated municipality and its citizens constituting full and adequate actual consideration.

(d) The State Highway Board or its successors and the State Highway Department are empowered to acquire, in any manner now permitted to it by law, and to expend funds available to it for such acquisition, real property, interests therein or rights-of-way which
upon acquisition may be conveyed by the Governor as above provided to the Authority."

Section 3. Said Act is further amended by adding to subsection (d) of Section 8 of said Act, after the words "Rural Road", the words "or Urban Road" and by adding after the word "county" the words "or incorporated municipality" so that as amended subsection (d) of Section 8 of said Act shall read as follows:

"(d) The lease may obligate the lessee to maintain and to keep in good repair (including complete reconstruction, if necessary) the leased projects, regardless of the cause of the necessity for such maintenance, repair, or reconstruction. If such provision be included, in any lease, then the maintenance, repair, upkeep and reconstruc tion, if necessary, shall be performed by the State Highway Depart ment of Georgia, which is hereby authorized to expend any sums legally available to it in carrying out such obligations: Provided, however, that as to any project which is a Rural Road or Urban Road the duty of maintenance and repair shall rest upon the county or incorporated municipality in which all or any portion of such project is situated as in the case of other public roads of the county, or of the incorporated municipality."

Section 4. Said Act is further amended by adding to Section 9 of said Act after the words "Rural Road Project" the words "or Urban Road Project", and by adding after the word "counties" the words "or incorporated municipality or incorporated municipalities" so that as amended Section 9 shall read as follows:

"Section 9. Rural Road Projects or Urban Road Projects to be come part of public road system. Each Rural Road project or Urban Road project leased by the Authority to the State and the State Highway Department shall, upon completion of the action with re spect thereto undertaken by the Authority, be a part of the system of public roads of the State and of the County or counties, or in corporated municipality or incorporated municipalities wherein the project is located; but no such project shall become a part of the State-Aid System until designated as such as provided by law."

Section 5. Said Act is further amended by adding to Section 10 of said Act, after the words "thenceforth be maintained" the following language "if an Urban Road by the incorporated municipality or in corporated municipalities and the county or counties wherein the Urban Road is located," so that as amended Section 10 of said Act shall read as follows:
"Section 10. Cessation of rentals. When each and all of the

MONDAY, FEBRUARY 22, 1971

1149

bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or in directly, or otherwise have been paid in full, or a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of such bondholders or obligees, such project or projects shall thenceforth be maintained if an Urban Road by the incorporated municipality or incorporated municipalities and the county or counties wherein the Urban Road is located, if a Rural Road as a part of the public road system of the State and if a State Road as a part of the State highway system, free from any and all rental consideration: Provided that the State Highway Department shall maintain and keep in repair such free project or projects as are a part of the State Highway System."

Section 6. Said Act is further amended by striking Section 13 of said Act in its entirety and substituting a new Section 13, to read as follows:

"Section 13. Rules and Regulations for operation of projects.-- The Authority may prescribe rules and regulations for the opera tion of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of each such project, which may be the rules and regulations of the State High way Department promulgated for that purpose, provided that any rules and regulations prescribed by the Authority shall not be in consistent with the rules and regulations of the State Highway De partment."

Section 7. Said Act is further amended by striking from Section 14 thereof the figures $284,000,000 and inserting in lieu thereof the figures $384,000,000, and by adding to Section 14 after the words "to finance Rural Road projects" the following language: ", not more than $184,000,000 may be bonds issued to finance State Road Projects and not more than $100,000,000 may be bonds issued to finance Urban Road Projects' 1 , so that as amended Section 14 shall read as follows:

"Section 14. Bonds--The Authority shall have power and is hereby authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to ex ceed $384,000,000 in principal amount outstanding at any one time for the purpose of paying all or any part of the cost of any one or a combination of projects: Provided, however, of such authorized amount not more than $100,000,000 may be bonds issued to finance Rural Road projects, not more than $184,000,000 may be bonds issued to finance State Road Projects and not more than $100,000,000 may be bonds issued to finance Urban Road Projects. The bonds of each issue shall be dated, shall bear interest as provided for in Section 15, shall be payable in such manner of payment as to both principal and interest as may be determined by the Authority from the special funds provided in this Act for such payment, shall mature not later than 30 years from the date of issuance, and may be made redeemable before maturity, at the option of the Authority,

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at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issu ance of the bonds. For the purpose of this Section, bonds shall not be considered to be outstanding if there shall have been deposited into the sinking fund created for the payment of such bonds amounts sufficient to pay the same together with the interest there on as the same mature."

Section 8. Said Act is further amended by adding at the end of Section 7 of said Act a new subsection to be designated subsection (e) to provide for the selection of urban road projects, so that said new subsection designated subsection (e) shall be and read as follows:

"(e) In selecting projects pursuant to the provisions of this Sec tion 7, the State Highway Board shall locate Urban Road projects according to a formula which will allocate to each urban incor porated municipality or urban county, as the case may be, a project or projects estimated to cost an amount approximately equal to the percentage of $100 million which 110% of the population of such urban incorporated municipality or which 100% of the population of such urban county, as the case may be, bears to the sum of the 110% of the total population of all urban incorporated municipalities (except those in urban counties) plus the total population of all urban counties. Population used herein shall mean the population figures according to the latest federal decennial census.

If any urban incorporated municipality or urban county fails to qualify for one or more of its projects, the State Highway Board shall have full authority to substitute other projects, but such sub stituted project shall count in the formula allocation and the urban incorporated municipality or urban county which failed to qualify shall have a cumulative credit for the amount of such forfeited project."
Section 9. Effective Date.--The provisions of this Act shall become effective at such time as the excise tax imposed on distributors upon the sale or use of motor fuel by them within this State is first amended so as to provide for a tax at the rate of at least eight and one-half (8%) cents per gallon; provided, however, that no subsequent change in the date of taxation of motor fuel after this Act becomes effective shall affect or impair the validity of this Act.
Section 10. Severability.--In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitu tional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 11. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed.

MONDAY, FEBRUARY 22, 1971

1151

The following amendment was read and adopted:

Mr. Egan of the 116th moves to amend the Committee substitute to HB 113 as follows:
By striking the figure "$348,000,000", which appears on line 4 of page 13, and by inserting in lieu thereof the figure "$284,000,000";

By inserting after the word "amount," which appears on line 5 of page 13, the following:

", plus the additional amount provided in Section 9,";

By striking Section 9 in its entirety and by inserting in lieu thereof a new Section 9 which shall read as follows:

"Section 9. The additional amount of bonds authorized to be out-

/

standing at any one time under the provisions of this Act shall be de

termined as follows:

(a) If the excise tax imposed on distributors upon the sale or use of motor fuel is less than 7<f per gallon ...,,.._.____________________,,$ --0--

(b) If the excise tax imposed on distributors upon the sale or use of motor fuel is at least 7tf per gallon but less than 7%$ per gallon ........._____.______________._._._________...--..____......._._____._$ 25,000,000

(c) If the excise tax imposed on distributors upon the sale or use of motor fuel is at least 7%$ per gallon but less than 8$ per gallon _,,____________,,_.____________.--______.__....._.._________.__._--__$ 50,000,000

(d) If the excise tax imposed on distributors upon the sale or use of motor fuel is at least 8$ per gallon but less than 8%$ per gallon _,,.__..-_...,,_._..-_,,_,,....._._....-__...__-_.._.-_.__.._.__$ 75,000,000

(e) If the excise tax imposed on distributors upon the sale or use of motor fuel is 8%S per gallon or more--.--_______..._.._.$100,000,000;

provided, however that the amount of bonds authorized to be outstand ing hereunder shall not be reduced by any subsequent reduction in the tax on the sale of motor fuel:";

and by changing the title accordingly.

The following amendment was read:

Messrs. Lee of the 21st and Busbee of the 61st move to amend the Com mittee substitute to HB 113 as follows:
By striking the figure "100,000" in subparagraph (ii) of subsection

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(h) of quoted Section 3 of Section 1 and inserting in lieu thereof the figure "85,000".
By striking the figure "100,000" in subsection (i) of quoted Section 3 of Section 1 and inserting in lieu thereof the figure "85,000".

The following amendment to the Lee and Busbee amendment was read:
Messrs. Cole and Smith of the 3rd move to amend the Lee and Busbee amendment to the Committee substitute to HB 113 by changing the figure 85,000 and inserting the figure 50,000 wherever it appears.

On the adoption of the amendment to Lee and Busbee amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Atherton Barfield Bennett, J. T. Black Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Burruss Busbee Carter Chance Chandler Cheeks Cole Collier Collins, M. Colwell Davis, E. T. Dean, Gib Dean, N. Dorminy Edwards Felton Floyd, J. H. Fraser Gary Geisinger

Grahl Grantham Hadaway Ham Harris Hays Hill, G. Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Keyton Knight Knowles Lambert Lee, W. J. (Bill) Leggett Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Merritt Miles

Milford Morgan Moyer Murphy Nessmith Northcutt Nunn Odom Patterson Phillips, L. L. Phillips, W. R. Rainey Reaves Roach Ross Russell, H. P. Shanahan Sims Smith, H. R. Smith, V. T. Snow Sweat Toles Tripp Turner Westlake Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Alien

Battle Bell Bennett, Tom

Berry Blackshear Bond

MONDAY, FEBRUARY 22, 1971

1153

Brantley, H. H. Brown, B. D. Brown, S. P. Buck Carr Clements Collins, S. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, W. Dean, J. E. Dent Drury Egan Evans Ezzard Farrar Floyd, L. R. Gaynor Greer

Hamilton Harrington Hawes Hill, B. L. Hood Horton Howard Jones, Herb Jordan King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Le vitas Lewis Marcus McDaniell Miller Moore Mulherin

Mullinax Noble Oxford Patten Pearce Pickard Pinkston Poole Potts Russell, W. B. Salem
Savage Scarborough Shepherd Sherman Stephens Thomason Thompson Townsend Triplett Vaughn Ware
Wilson

Those not voting were Messrs.:

Adams, Marvin Chappell Conger Dailey Dixon
Gignilliat Granade Griffin

Gunter Harrison Housley Jones, J. R. Longino Peters
Phillips, G. S. Rush

Russell, A. B. Smith, J. R. Sorrells
Strickland Wamble
Wheeler, Bobby Mr. Speaker

On the adoption of the amendment to the Lee and Busbee amendment, the ayes were 94, nays 78.

The amendment to the Lee and Busbee amendment was adopted.

The Lee and Busbee amendment, as amended, was adopted.

The following amendment was read:
Mr. Barfield of the 71st moves to amend the Committee substitute to HB 113 by designating any municipality in excess of 2500 popula tion as an urban area.

1154

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Barfield Bennett, J. T. Black Bohannon
Bostick Bowen Brantley, H. L. Bray Carr Carter Chandler Chappell Collins, M. Colwell Coney, J. L. Conger Dean, N. Dixon Dorminy Drury Edwards Ezzard Floyd, J. H. Fraser

Grahl Grantham Griffin Ham Harrington Harris Hays Hill, G. Hood Hudson, Ted Jessup Johnson Keyton Knowles Lane, W. J. Larsen, W. W. Leggett Logan Mauldin Maxwell McDonald Melton Merritt Milford

Moore Murphy Nessmith Odom Oxford Patterson Patten Peters Phillips, L. L. Poole Rainey Reaves Roach Ross Russell, H. P. Salem Shanahan Smith, J. R. Snow Sweat Tripp Wheeler, J. A.

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton
Battle Bell Bennett, Tom
Berry Black shear Bond Brantley, H. H. Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Busbee Chance

Cheeks Clements Cole Collier Collins, S. Coney, G. D. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Egan Evans Farrar Felton Floyd, L. R. Gary

Gaynor
Geisinger Granade Greer Hamilton Hawes Hill, B. L. Horton Housley Howard Howell
Hudson, C. M. Hutchinson Isenberg Jones, Herb Jordan King Knight Kreeger Lambert

MONDAY, FEBRUARY 22, 1971

1155

Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. McDaniell Miles Miller Morgan Moyer Mulherin

Mullinax Noble Northcutt Nunn Pearce Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Russell, W. B. Savage Scarborough Shepherd Sherman Sims Smith, H. R.

Smith, V. T. Stephens Thomason Thompson Toles Townsend Triplett Turner Vaughn Ware Westlake Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Dailey Gignilliat Gunter Hadaway Harrison

Jones, J. R. Longino McCracken Rush Russell, A. B.

Sorrells Strickland Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the amendment, the ayes were 70, nays 119.

The amendment was 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 Speaker ordered the call of the roll, viva voce, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of 9th Adams of 100th Alexander of 96th Alexander of 108th Alien Atherton Battle Bell

Bennett of 81st Berry Blackshear Bond Brantley of 114th Brown of 32nd Brown of 81st Brown of 110th

Buck Burruss Busbee Chance Chandler Cheeks Clements Cole

1156
Collier Collins of 72nd Colwell Coney of 82nd Coney of 118th Connell Cook Daugherty Davis of 75th Davis of 86th Dean of 13th Dean of 19th Dean of 76th Dent Egan Evans Ezzard Farrar Felton Floyd of 75th Fraser Gary Gaynor Gei singer Granade Greer Griffin Gunter Hadaway Hamilton Hawes Hays Hill of 94th Hood Horton Housley

JOURNAL OP THE HOUSE,

Howard Hudson of 28th Hutchinson Isenberg Jones of 4th Jones of 87th Jordan Keyton King Knight Kreeger Lambert Lane of 101st Larsen of 113th Lee of 21st Lee of 61st Leggett Levitas Logan Lowrey Marcus Mason Matthews of 16th Melton Miles Miller Morgan Moyer Mulherin Mullinax McCracken McDaniell Noble Northcutt Nunn Odom

Pearce Phillips of 29th Pinkston Poole Potts Reaves Ross Russell of 14th Russell of 77th Savage Scarborough Shanahan Shepherd Sherman Sims Smith of 3rd Smith of 80th Snow Sorrells Stephens Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams of 39th Barfield Bennett of 71st Black Bohannon Bostick Bowen Brantley of 52nd Bray Carr Carter Chappell Collins of 62nd Dixon Dorminy
Drury

Edwards Floyd of 7th Grahl Grantham Ham Harrington Harris Hill of 97th Howell Hudson of 48th Jessup Johnson Knowles Lane of 44th Larsen of 42nd
Lewis

Matthews of 63rd Mauldin Maxwell Merritt Milford Moore Murphy McDonald Nes smith Oxford Patten Patterson Phillips of 38th Phillips of 50th Rainey

Roach Rush Russell of 70th

MONDAY, FEBRUARY 22, 1971

1157

Salem Smith of 39th Strickland

Sweat Wheeler of 18th

Those not voting were Messrs.:

Conger Dailey Gignilliat Harrison

Longino Peters Pickard Wamble

Wheeler of 57th Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 55.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Speaker announced the House recessed until 1:30 P.M.

AFTERNOON SESSION The Speaker announced the House recessed until 1:35 P.M.

Mr. Rush of the 51st arose to a point of personal privilege and addressed the House.

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

HB 249. By Messrs. Adams of the 100th, Lane of the 101st and Savage of the 104th:
A Bill to amend Section 92-6911 of the Code of Georgia, so as to pro vide for a method of giving notice to any taxpayer of any changes made in his return; and for other purposes.

1158

JOURNAL OF THE HOUSE,

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

HB 114. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Geor gia Code relating to motor fuel taxes and known as the "Motor-Fuel Tax Law", so as to provide for a partial refund of motor fuel tax to certain governmental units; and for other purposes.

The following amendment was read and adopted:

Mr. Hawes of the 95th moves to amend HB 114 as follows:
By deleting "and authorities" from line 16 of page 2; and by inserting, after the word "effective" on line 29 of page 2, the following:
"on July 1, 1972, if", and by deleting "at such time as", which also appears on line 29 of page 2.

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, G. D. Adams, John Adams, Marvin
Alexander, W. H. Atherton
Barfield Battle Bell
Bennett, J. T. Bennett, Tom Berry Black Blackshear
Bohannon Brantley, H. L. Bray

Brown, B. D. Brown, C. Brown, S. P.
Buck Burruss
Busbee Carter Chance
Chandler Chappell Cheeks Clements Cole
Collins, M. Collins, S. Coney, G. D.

Coney, J. L. Conger Connell
Cook Daugherty
Davis, E. T. Davis, W. Dean, Gib
Dean, J. E. Dean, N. Dent Dixon Dorminy
Egan Evans Farrar

Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harris Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Key ton King
Knight Knowles Kreeger Lambert

MONDAY, FEBRUARY 22, 1971

1159

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas
Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nes smith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters

Phillips, L. L. Phillips, W. R. Pickard Poole
Potts Rainey Reaves Roach
Ross Rush Russell, A. B. Russell, W. B. Salem
Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Snow Sorrells Strickland Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Carr Colwell

Lewis

Russell, H. P.

Those not voting were Messrs.:

Alexander, W. M. Alien Bond Bostick Bowen Brantley, H. H. Collier

Dailey Drury Edwards Ezzard Gaynor Gignilliat Gunter

Harrington Harrison Hill, B. L. Longino Mauldin Moore Phillips, G. S.

1160
Pinkston Shanahan Stephens Thompson

JOURNAL OF THE HOUSE,

Wamble Wheeler, Bobby Whitmire Williams

Wood Mr. Speaker

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

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

Mr. Carr of the 35th stated that he had inadvertently voted "nay" on the pas sage of HB 114, as amended, and wished to be recorded as voting "aye".
HB 115. By Mr. Vaughn of the 74th: A Bill to be entitled an Act to amend an Act relating to the negotia tion of contracts by the State Highway Director and/or State Highway Department; and for other purposes.

The following substitute, offered by Mr. Vaughn of the 74th, was read:
A BILL
To be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State Highway Department, approved February 9, 1949 (Ga. Laws 1949, p. 373), to provide for the negotiation of contracts by the State Highway Director and/or the State Highway Department with incorporated municipali ties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 1 of the Act relating to the negotiation of con tracts by the State Highway Director and/or the State Highway De partment, approved February 9, 1949 (Ga. Laws 1949, p. 373), is here by amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The State Highway Director and/or the State Highway Department are hereby prohibited from negotiating con tracts with any person, firm, or corporation for the construction or maintenance of highways, roads, and bridges except contracts with counties regardless of population or incorporated municipalities for work to be performed by convict labor or county or municipal forces, and not otherwise.

MONDAY, FEBRUARY 22, 1971

1161

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

An amendment, offered by Mr. Moore of the 6th, was read and lost.

An amendment, offered by Mr. McDonald of the 15th, was read and lost.

The substitute was adopted.

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, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien
Atherton Barfield Battle Bell
Bennett;, J. T. Bennett, Tom Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chandler
Chappell

Cheeks Clements Cole Collier Collins, S. Colwell
Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Grahl

Granade Grantham Greer Hadaway Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.

1162
Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Murphy Nessmith Noble

JOURNAL OF THE HOUSE,

Northcutt Nunn Odom Oxford Patterson Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Rainey Reaves Roach Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman
Sims

Smith, H. R. Smith, V. T.
Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, Marvin Black Bowen Chance Dorminy Edwards Fraser Ham

Harrington Harris Johnson Knowles Lewis Logan Matthews, D. R. Maxwell

McDonald Morgan Patten Phillips, W. R. Ross Smith, J. R.

Those not voting were Messrs.:

Collins, M. Conger Dailey Ezzard Gignilliat

Griffin Gunter Hamilton Harrison Longino

Peters Rush Salem Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 22.

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

MONDAY, FEBRUARY 22, 1971

1163

HB 112. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the taxation of motor fuel, so as to provide for an increase in the motor fuel excise tax; and for other purposes.

Mr. Williams of the llth asked unanimous consent that the order of con sidering the amendments in relation to the amounts of increase be reversed in order that the smallest increase could be considered first.

The consent was granted.

The following amendment was read and adopted:

Mr. Busbee of the 61st moves to amend HB 112 as follows:
By renumbering Section 6 as Section 7 by adding a new Section 6 to read as follows:
Section 6. Georiga Code Section 92-1403, as amended, particularly by an Act approved February 28, 1966 (Georgia Laws 1966, p. 61), is hereby further amended by striking from Paragraph K thereof the words "not to exceed five and one-half cents" and inserting the words "of all of the state tax on such gasoline except one cent" and by strik ing from Paragraph K (1) the words, "but not to exceed five and onehalf cents per gallon" and inserting in lieu thereof the words "all except one cent per gallon" and by adding in the caption after the words "motor fuel" in line 12 on page one the words "to provide for certain refunds;"

An amendment, offered by Mr. Bennett of the 71st, was read and lost.

An amendment, offered by Mr. Egan of the 116th, was read and lost.
The following amendment was read:
Mr. Levitas of the 77th moves to amend House Bill 112 as follows: By inserting in the title, after the phrase "so as to provide for an increase in the motor fuel excise tax;",
the following: "to authorize and direct the Director of the State Highway De-

1164

JOURNAL OF THE HOUSE,

partment to prepare and submit a report containing certain in formation to the General Assembly;".
By adding at the end of quoted paragraph (A) (1) of Code Sec tion 92-1403 of Section 1 a new paragraph (A) (1.1) of Code Section 92-1403, to read as follows:
"(1.1) The State Highway Director is hereby authorized and directed to prepare and submit to the Governor and each member of the General Assembly a report at least thirty (30) days prior to the beginning of the 1973 Session of the General Assembly show ing the expenditure of funds derived from the tax increase on the sale or use of motor fuel which the State started collecting July 1, 1971. The report shall contain detailed and itemized information explaining specific projects and other purposes for which the funds were expended from July 1, 1971, through September 30, 1972. The report shall also contain detailed and itemized information explain ing specific projects and other purposes for which the State High way Department proposes to expend said funds during the 1973-74 biennium."

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, G. D. Alexander, W. H. Alien
Battle Bell Bennett, Tom Berry Blackshear Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Carr Chandler Chappell Collier Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dixon Dorminy

Drury Edwards Egan Evans Farrar Gaynor Gignilliat Grahl Granade Greer Harrington Hays Hill, B. L. Hill, G. Horton Housley Howard Hutchinson Isenberg Johnson King Kreeger Larsen, G. K. Larsen, W. W. Leggett Levitas Logan Matthews, C. McDaniell

Merritt Miller Mulherin Noble Nunn Odom Pearce Phillips, W. R. Pinkston Ross Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Sherman Smith, H. R. Snow Sorrells Sweat Thomason Thompson Townsend Triplett
Tripp Westlake Williams Wilson

MONDAY, FEBRUARY 22, 1971

1165

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Alexander, W. M. Atherton Barfield Bennett, J. T. Black Bostick Bowen Bray Busbee Carter Chance Cheeks Clements Cole Collins, S. Colwell Conger Dean, J. E. Floyd, J. H. Floyd, L. R. Fraser Geisinger Grantham Griffin Gunter Hadaway Ham Harris

Hawes Hudson, C. M. Hudson, Ted Jessup Jones, Herb Jones, J. R. Keyton Knight Knowles Lambert Lane, Dick Lane, W. J. Lee, W. S. Lewis Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McDonald Melton Miles Milford Moore Morgan Moyer Mullinax Murphy Nessmith

Northcutt Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Reaves Roach Rush Russell, H. P. Salem Sims Smith, J. R. Smith, V. T. Stephens Strickland Toles Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wood

Those not voting were Messrs.:

Brantley, H. L. Burruss Collins, M. Dailey Dean, N. Dent Ezzard

Felton Gary Hamilton Harrison Hood Howell Jordan

Lee, W. J. (Bill) Longino McCracken Rainey Shepherd Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 86, nays 88.

The amendment was lost.

An amendment, offered by Mr. Davis of the 86th, was read and ruled out of order by the Speaker.

1166

JOURNAL OF THE HOUSE,

The following amendment was read:

Mr. Davis of the 86th moves to amend HB 112 by striking from line 21, page 1, the following:
"8%"

and inserting in lieu thereof the following: "7%"

and by striking from line 26, page 1, the following:

and inserting in lieu thereof the following: "TVa"
and by striking from line 7, page 2, the following: "two cents"
and inserting in lieu thereof the following: "one cent".
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, W. H. Barfield Bell Bennett, J. T. Black Bostick Brantley, H. L. Bray Brown, B. D. Buck Carr Carter Chappell Clements
Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dorminy Drury

Edwards Egan Grahl Grantham Gunter
Harris Hill, B. L. Hill, G. Howell
Hudson, C. M. Hudson, Ted
Knight Knowles Larsen, W.W. Lee, W. J. (Bill) Leggett Matthews, D. R. McCracken McDonald Moore

Morgan Mullinax Murphy Nessmith Northcutt Patten Peters Phillips, L. L. Roach Rush Shepherd Sherman Sims
Snow Strickland Toles Ware Wheeler, Bobby Whitmire

MONDAY, FEBRUARY 22, 1971

1167

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Battle Bennett, Tom Berry Bohannon Bowen Brantley, H. H. Brown, C. Brown, S. P. Busbee Chance Chandler Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Davis, W. Dent Dixon Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade

Greer Griffin Ham Harrington Hawes Hays Horton Housley Howard Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Levitas
Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moyer

Mulherin Noble Nunn Odom Oxford Pearce Phillips, G. S. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Ross Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens
Sweat Thomason Thompson Townsend Triplett Turner Vaughn Westlake Wheeler, J. A. Williams Wilson Wood

Those not voting were Messrs. :

Blackshear Bond Burruss Collier Conger Dailey

Dean, N. Ezzard Hadaway Hamilton Harrison Hood

Longino Patterson Russell, A. B. Tripp Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 59, nays 118.

1168

JOURNAL OF THE HOUSE,

The amendment was lost.

The following amendment was read:
Mr. Williams of the llth moves to amend HB 112 by striking from line 21, page 1, the following:

and inserting in lieu thereof the following: "8"
and by striking from line 26, page 1, the following:

and inserting in lieu thereof the following: "8"
and by striking from line 7, page 2, the following: "two cents"
and inserting in lieu thereof the following: "one and one half cent".

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, W. H. Blackshear Brown, B. D. Clements Dorminy Grahl

Hill, B. L. Hudson, Ted Matthews, D. R. Moore Sherman Sims

Snow Toles Ware Whitmire Williams Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle

Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck
Burruss Busbee

Carr Carter Chance Chandler Chappell Cheeks Cole Collier Collins, M. Collins, S. Colwell Coney, G. D.
Coney, J. L. Connell Cook Davis, E. T. Davis, W.
Dean, Gib Dent Dixon Drury Edwards Egan Evans Farrar Felton
Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Harrington Harris Hawes Hays Hill, G. Horton Housley

MONDAY, FEBRUARY 22, 1971

1169

Howard Howell
Hudson, C. M. Hutchinson Isenberg Jessup
Johnson Jones, Herb
Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith

Noble Northcutt Nunn Odom
Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R.
Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem
Savage Scarborough Shanahan Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Townsend Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those not voting were Messrs. :

Bond Conger Dailey Daugherty Dean, J. E. Dean, N.

Ezzard Hadaway Hamilton Harrison Hood Longino

Peters Russell, A. B. Shepherd Wamble Mr. Speaker

1170

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 18, nays 160.

The amendment was lost.

An amendment, offered by Mr. Busbee of the 61st, was read and withdrawn by unanimous consent.

An amendment, offered by Mr. Salem of the 51st, was read and ruled out of order by the Speaker.

The following amendment was read:

Mr. Levitas of the 77th moves to amend House Bill 112 as follows:
By inserting in the title, after the phrase
"so as to provide for an increase in the motor fuel excise tax;",
the following:
"to authorize and direct the Director of the State Highway De partment to prepare and submit a report containing certain in formation to the General Assembly;".
By adding at the end of quoted paragraph (A) (1) of Code Section 92-1403 of Section 1 a new paragraph (A) (1.1) of Code Section 921403, to read as follows:
"(1.1) The State Highway Director is hereby authorized and directed to prepare and submit to the Governor and each member of the General Assembly a report at least thirty (30) days prior to the beginning of the 1973 Session of the General Assembly showing the expenditure of funds derived from the tax on the sale or use of motor fuel which the State started collecting July 1, 1971. The report shall contain detailed and itemized information explaining specific projects and other purposes for which the funds were expended from July 1, 1971, through September 30, 1972. The report shall also contain detailed and itemized information explaining specific projects and other purposes for which the State Highway Department proposes to expend said funds during the 1973-74 biennium."

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

MONDAY, FEBRUARY 22, 1971

1171

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alien Battle Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chappell Collier Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E.

Dent Dixon Dorminy Farrar Floyd, L. R. Gary Gaynor Gignilliat Granade Greer Hamilton Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hutchinson Isenberg Jordan King Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus

Matthews, C. McDaniell McDonald Melton Miller Moore Morgan Mulherin Nunn Pearce Phillips, L. L. Phillips, W. R. Pickard Pinkston Roach Russell, W. B. Savage Scarborough Shepherd Sherman Snow Sorrells Sweat Thomason Thompson Toles Vaughn Westlake Wheeler, Bobby Wilson Wood

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Black Bray Chance Chandler Cheeks Clements Cole Collins, S. Colwell Drury

Edwards Egan Evans Ezzard Felton Floyd, J. H. Fraser Gei singer Grahl Grantham Griffin Gunter Hadaway Ham Harrington Harris

Hudson, C. M. Hudson, Ted Jessup Johnson Jones, Herb Jones, J. R. Keyton Knight Knowles Lane, W. J. Leggett Lewis Logan Mason Matthews, D. R. Mauldin

1172
Maxwell McCracken Merritt Miles Milford Moyer Mullinax Murphy Nessmith Noble Northcutt Odom Oxford

JOURNAL OF THE HOUSE,

Patten Peters Phillips, G. S. Poole Potts Rainey Reaves Ross Rush Russell, H. P. Salem Shanahan Sims

Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Townsend Triplett Tripp Turner Ware Wheeler, J. A. Whitmire Williams

Those not voting were Messrs.:

Collins, M. Conger Dailey Dean, N.

Harrison Hood Longino Patterson

Russell, A. B. Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 97, nays 87.

The amendment was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, John
Alexander, W. H. Alexander, W. M. Alien Atherton Battle Berry Brown, C.
Brown, S. P. Busbee Carter Cheeks Cole

Colwell
Coney, G. D. Coney, J. L. Connell Cook Dean, Gib Dean, J. E. Dorminy
Egan Farrar Felton Gaynor Geisinger

Gignilliat
Greer Griffin Hadaway Ham Hamilton Harris Hawes
Hays Horton Housley Howard Hutchinson

MONDAY, FEBRUARY 22, 1971

1173

Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Lambert Larsen, G. K. Lee, W. S. Levitas
Lowrey Marcus
Mason Matthews, C.

Matthews, D. R. McDaniell Melton Miles Miller
Moore Moyer Mulherin Nunn Phillips, G. S. Poole Potts Reaves Ross Russell, W. B.

Shanahan Sherman Smith, H. R.
Smith, V. T. Snow Sorrells Thomason Thompson Toles Townsend Triplett Turner Vaughn Wilson Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Barfield Bell Bennett, J. T. Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.
Bray
Buck
Burruss
Carr
Chance
Chandler
Chappell
Clements
Collier
Collins, M.
Collins, S.
Davis, E. T.
Davis, W.
Dixon
Drury
Edwards
Evans
Floyd, J. H.
Floyd, L. R.

Fraser Gary Grahl Granade Grantham Gunter Harrington Hill, B. L. Hill, G. Howell Hudson, C. M. Hudson, Ted Jessup
Knight
Knowles
Kreeger
Lane, Dick
Lane, W. J.
Larsen, W. W.
Lee, W. J. (Bill)
Leggett
Lewis
Logan
Mauldin
Maxwell
McCracken
McDonald
Merritt
Milford
Morgan
Mullinax
Murphy

Nessmith Noble Northcutt Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston
Rainey
Roach
Rush
Russell, H. P.
Salem
Savage
Scarborough
Sims
Smith, J. R.
Stephens
Strickland
Sweat
Tripp
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams

1174

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Blackshear Brown, B. D. Conger Dailey
Daugherty

Dean, N. Dent Ezzard Harrison
Hood

Longino Russell, A. B. Shepherd Wamble
Mr. Speaker

On the passage of the Bill, as amended, the ayes were 84, nays 96.

The Bill, as amended, having failed to receive the requisite constitutional ma jority, was lost.

Mr. Dent of the 79th stated that due to mechanical failure, his voting ma chine would not record and he wished to be recorded as voting "aye" on HB 112, as amended.

Mr. Lewis of the 37th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning.

On the motion to adjourn, the roll call was ordered and the vote was as fol lows:

Those voting in the affirmative were Messrs.

Adams, Marvin Barfield Bennett, J. T. Bennett, Tom Black Bohannon Bostick Bowen Brantley, H. L. Carr Carter Chance Chappell Clements Davis, W. Dorminy Edwards Floyd, J. H.

Floyd, L. R. Grahl Granade Gunter Harrington Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Lane, W. J. Larsen, G. K. Larsen, W. W. Leggett Lewis
Logan Mauldin Merritt

Miles Milford Morgan Murphy Nessmith Oxford Patten Peters Phillips, L. L. Russell, H. P. Salem Scarborough Smith, J. R. Stephens Strickland Sweat Tripp Westlake

MONDAY, FEBRUARY 22, 1971

1175

Those voting in the negative were Messrs.:

Adams, John Alexander, W. H. Alexander, W. M. Atherton Battle Berry Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Chandler Cheeks Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dent Dixon Drury Egan Evans Ezzard Farrar Felton Fraser Gary Gaynor

Geisinger
Gignilliat Grantham Greer Grffin Ham Hamilton Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Isenberg Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell McDonald Melton Miller Moore

Moyer Mulherin
Mullinax Noble Northcutt Nunn Odom Patterson Pearce Phillips, G. S. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Rush Russell, A. B. Russell, W. B. Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Thomason Thompson Toles Townsend Triplett Turner Vaughn Ware Wheeler, Bobby Whitniire Williams Wilson Wood

Those not voting were Messrs. :

Adams, G. D.

Alien

Bell

*

Collins, M.

Conger

Dailey

Dean, N.

Hadaway Harrison Hood Howell Longino Rainey Ross

Savage Sorrells Wamble Wheeler, J. A. Mr. Speaker

1176

JOURNAL OF THE HOUSE,

On the motion to adjourn, the ayes were 54, nays 122.

The motion was lost.

Mr. Vaughn of the 74th 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 112, as amended.

Mr. Lewis of the 37th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

TUESDAY, FEBRUARY 23, 1971

1177

Representative Hall, Atlanta, Georgia Tuesday, February 23, 1971

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. John G. Taylor, Jr., Pastor, First Presbyterian Church, Swainsboro, Georgia:

Most gracious God, we come to You in behalf of the people of this State, and especially for these who represent us all in this House. We pray that You will ;give these our leaders wisdom in every decision they are called upon to make, freedom to act according to their beliefs and convictions, and loving compasion for all the people whom they represent this day and every day.

Make them mindful of Your authority. Help them to believe and to remember that You have chosen them to be Your servants. Dierct and prosper all their con sultations, to the advancement of Your glory, for the good of Your Church, for the safety, honor and welfare of the people; that all things may be so ordered and settled by their endeavors, that peace and happiness, truth and justice, virtue And piety, may be established among us. These and all other necessities, for them, for us, and for all Your people, we humbly beg in the name of Jesus Christ, our most blessed Lord and Savior. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Felton Floyd, J. H. Floyd, L. R. Fraser Gary

1178

JOURNAL OF THE HOUSE,

Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup
Johnson
Jones, Herb
Jones, J. R.
Jordan
Keyton
King
Knight
Knowles
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)

Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax
Murphy
Nessmith
Noble
Northcutt
Nunn
Odom
Oxford
Patterson
Patten
Pearce
Peters
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Pickard

Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason
Thompson
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wood

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 23, 1971

1179

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

Mr. Speaker

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 23, 1971, and submits the following:

HB

19 Criminals Trials, Accused Testify

HB

20 Criminal Cases, State's Right to Appeal

HB

30 Retirement System, Credit for Service

HB 110 Board of Electrical Contractors, Create

HB 111 G.B.I. Division of the Department of Law

HB 135 School Employees Retirement System, Membership

HB 219 Rapid Transit, Fulton County

HB 220 Metro Rapid Transit Authority

HB 251 Banks, Limitation on Loans

HB 252 Trust Company, Fee for Filing Application

HB 253 Banking, New Charters, Application Fee

HB 266 Board of Health Information Admissible as Evidence

HB 345 Atlanta Judicial Circuit, Additional Judges

HB 360 Medical Records, Admissible Evidence

HB 372 Blood and Tissue Banks, Clinical Laboratory

HB 374 Mentally 111, Notice by Mail Be Registered

HB 375 Mentally 111, Taken into Custody

HB 397 Adult Bookstores and Movie Houses, Ordinances

HB 421 Health Permit, Mass Gathering

HB 424 Misdemeanor, Reduce Number of Jurors

1180

JOURNAL OF THE HOUSE,

HR 144-425 Misdemeanor Cases, Jury HB 470 Automobile Safety Standards HB 472 Counties and Cities, Levy Excise Taxes HR 174-526 Convey Property, Turner County HB 527 Architects, Fees for Examination HR 177-530 Code of Georgia, Relative to HB 599 Criminal Cases, Nolle Prosequi, Verdicts HB 631 Counties, Establish Law Library

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

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

HB 719. By Mr. Lee of the 21st:
A Bill to be entitled an Act to amend Code Section 38-1703, relating to the separate examination of witnesses, so as to provide that the trial judge may make exceptions to an order of sequestration to further procedural convenience or the administration of justice; and for other purposes.
Referred to the Committee on Judiciary.

HB 720. By Mr. Ross of the 26th:
A Bill to be entitled an Act to authorize the use of public funds of Wilkes County for the development of trade, commerce, industry and employment opportunities within Wilkes County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 721. By Mr. Rush of the 51st:
A Bill to be entitled an Act authorizing the Georgia Building Authority to provide three parking spaces for the Governor, three parking spaces for the Lt. Governor and three parking spaces for the Speaker of the House of Representatives, all free of cost; and for other purposes.
Referred to the Committee on State of Republic.

TUESDAY, FEBRUARY 23, 1971

1181

HB 722. By Messrs. Farrar of the 77th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the funds necessary to pay regular teachers and vocational teachers under Section 11 shall be computed separately; and for other purposes.
Referred to the Committee on Education.

HB 723. By Mr. Melton of the 32nd:
A Bill to be entitled an Act relating to the manufacture, sale and tax ing of wine, so as to provide an exemption from taxes for certain wines, to provide an effective date; and for other purposes.
Referred to the Committee on Ways and Means.

HB 724. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to authorize the Attorney General, upon the request of any department, office, officer, institution, commission, com mittee, board or other agency of the State of Georgia or any instru mentality thereof, to select and employ private counsel to perform legal services therefor; and for other purposes.
Referred to the Committee on Judiciary.

HB 725. By Mr. Melton of the 32nd:
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 the use of non-business property by new residents of this State pur chased by them while residing in another state; and for other purposes.
Referred to the Committee on Ways and Means.

HB 726. By Messrs. Reaves, Barfield and Bennett of the 71st:
A Bill to be entitled an Act to change the compensation of the Chair man and other members of the Board of Education of Brooks County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 727. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to create and establish an Airport Authority for the City of Quitman and Brooks County, and to authorize such au thority to acquire and maintain all such facilities appertaining to such undertaking; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

1182

JOURNAL OF THE HOUSE,

HB 728. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the tax commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to personnel of the tax commissioner's office; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 729. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazlehurst, so as to change the terms of office of the City Commissioners elected from Wards No. 1, 2, 3, and 4; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 730. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to provide for the election of the Mayor by the voters of the City of Baxley; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 731. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to clarify certain conditions under which suspension shall not occur; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 732. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the time limitations within which certain actions must be taken and the period of time in which deposits of security are required; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 733. By Messrs. Bostick and Patten of the 63rd: A Bill to be entitled an Act to amend an Act creating a board of com-

TUESDAY, FEBRUARY 23, 1971

1183

missioners of Tift County, so as to provide for the election of the chair man of the board by the voters of Tift County for terms of four years; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 236-733. By Messrs. McDaniell of the 117th and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution of Georgia, so as to authorize incurring public debt; and for other purposes.
Referred to the Committee on Ways and Means.

HR 237-733. By Mr. Odom of the 61st: A Resolution compensating Mr. Elijah Wright; and for other purposes.
Referred to the Committee on Appropriations.

HB 734. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to provide for an extended benefits program; and for other purposes.
Referred to the Committee on Retirement.

HB 735. By Messrs. Smith of the 39th, Adams of the 100th, and Jessup of the 49th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to exempt certain vehicles from being equipped with parking brakes; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 736. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Eduaction Assistance Corporation, so as to change provisions relating to payment of interest on loans guaranteed by the Corporation; and for other purposes.
Referred to the Committee on University System of Georgia.
HB 737. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Authority, so as to provide for purchases of services in locating debtors and collecting funds owed to the Au thority; and for other purposes.
Referred to the Committee on University System of Georgia.

1184

JOURNAL OF THE HOUSE,

HB 738. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission and authorizing the Commission to pro vide for granting of scholarships, so as to provide that terms and con ditions governing award, repayment and deferment of repayment shall be required in cash with interest or by practicing in an approved field in a community or a site in Georgia approved by the Commission; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 739. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act authorizing certain coun ties in this State to establish and maintain law libraries for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties, so as to change the counties to which said Act applies; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 740. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act relating to the licensing of warm air heating contractors, so as to change the applicability of the 1966 amendatory Act to different counties; and for other purposes.
Referred to the Committee on Industry.

HB 741. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to provide for the Department of Labor a supplemental appropriation; and for other purposes.
Referred to the Committee on Appropriations.

HB 742. By Messrs. Brown and Melton of the 32nd, Adams and Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to pro vide additional compensation to said court reporter; and for other pur poses.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 743. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to authorize and direct the tax commis sioners or tax collectors to remit all education funds to the boards of

TUESDAY, FEBRUARY 23, 1971

1185

education in certain counties once a month except for a certain percent age; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 744. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Forest Park, so as to change the date of elections in said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 745. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act placing the sheriff of jHabersham County upon an annual salary, so as to change the pro visions relative to the compensation of the sheriff; and for other pur poses.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 746. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act abolishing the fee sys tem and providing an annual salary for the ordinary of Habersham County, so as to change the provisions relative to the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 747. By Messrs. Longino of the 98th and Greer of the 95th:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Fairburn, in the County of Fulton, and granting a charter to that municipality under that name and style, so as to add certain additional territory to the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 238-747. By Mr. Matthews of the 16th:
A Resolution compensating Mrs. Guy O. Shackelford, Sr.; and for other purposes.
Referred to the Committee on Appropriations.

1186

JOURNAL OF THE HOUSE,

HR 239-747. By Mr. Matthews of the 16th:
A Resolution compensating Mrs. Betty S. Herndon; and for other puri,. . poses.
Referred to the Committee on Appropriations.

HB 748. By Mr. Northcutt of the 21st:
A. Bill to be entitled an Act to amend Code Chapter 93-3, relating to jurisdiction of the Public Service Commission, so as to provide that the commission shall have the general supervision over all persons, firms or corporations engaged in the business of moving houses, including nonresidents; and for other purposes.
Referred to the Committee on Industry.
HB 749. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Gaynor of the 88th and Hill of the 94th:
A Bill to be entitled an Act to amend Code Section 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, so as to provide that the jury list in each county shall be revised on the second Monday in January, or within 60 days thereafter; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 750. By Messrs. Gaynor of the 88th, Jones of the 87th, Alien of the 92nd, Blackshear of the 91st, Triplett of the 93rd, Hill of the 94th and Gig nilliat of the 89th:
A Bill to be entitled an Act to amend an Act revising, alternating and consolidating into a comprehensive Act all laws relating to the Munic ipal Court of Savannah, so as to remove certain provisions which re quire that the salaries of certain officers and employees of said court shall have the same salary scale; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 751. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Triplett of the 93rd, Gaynor of the 88th and Hill of the 94th:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, so as to regulate the appointment of members of area planning and develop ment commissions; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

TUESDAY, FEBRUARY 23, 1971

1187

HB 752. By Messrs. Gaynor of the 88th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Hill of the 94th and Gignilliat of the 89th:
A Bill to be entitled an Act to make the tax collectors or tax commis sioners of certain counties ex officio sheriffs, insofar as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 240-752. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Gaynor of the 88th and Hill of the 94th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing- authority of Chatham County to district areas outside the municipalities in said County to provide water, sewerage, fire protection, street lighting, garbage and trash collection services and the construction and maintenance of roads, streets, curbs, gutters, and sidewalks; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 241-752. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Triplett of the 93rd, Gaynor of the 88th, Blackshear of the 91st and Hill of the 94th:
A Resolution proposing an amendment to Article VII, Section I, Para graph III of the Constitution, so as to provide that the Chatham County Commissioners and Ex Officio Judges may by ordinance provide for the manner and procedures by which returns for taxation of real and personal property shall be effected; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 242-752. By Messrs. Atherton, Burruss, Howard, McDaniell, Kreeger, Housley and Wilson of the 117th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to redefine the education districts of the Cobb County School District and to provide for compensation, per diem, expenses and allowances of the members of the Cobb County Board of Education; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 754. By Messrs. Bennett of the 71st, Gunter of the 6th and Snow of the 1st:
A Bill to be entitled an Act to amend Code Section 3-1004, relating to

1188

JOURNAL OF THE HOUSE,

the limitations of actions for injuries to the person, so as to extend the time of one such limitation; and for other purposes.
Referred to the Committee on Judiciary.

HB 755. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Clinch County, so as to increase the maximum compensa tion of the Chairman of the Board; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 756. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to amend an Act creating and establishing the State Court of Clinch County, so as to increase the compensation of the judge and the solicitor of said Court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 243-756 By Mr. Sherman of the 80th:
A Resolution compensating Mr. and Mrs. G. Albert Dasher; and for other purposes.
Referred to the Committee on Appropriations.

HB 757. By Messrs. Whitmire, Williams and Wood of the llth:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the clerk of the superior court, the sheriff and the tax com missioner of Forsyth County, so as to change the compensation of the chief deputy and other deputies of the sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 758. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Bell and Noble of the 73rd, Geisinger and Collins of the 72nd, Jordan of the 74th, Russell and Thomason of the 77th and Dean of the 76th:
A Bill to be entitled an Act to create a County Commission on Effi ciency and Economy in Government in each county of this State; to pro vide for the membership, appointments, powers and duties of such Commission; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 23, 1971

1189

HB 759. By Messrs. Davis, Granade, Westlake and Floyd of the 75th, Collins and Geisinger of the 72nd, Noble and Bell of the 73rd, Dean of the 76th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act requiring boards of edu cation of certain counties of this State to publish a summary of all receipts and expenditures of said boards, so as to require copies of audits of said boards of education to be available for public inspection; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 760. By Messrs. Patten, Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Adel, so as to enlarge and redefine the corporate limits; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 761. By Mr. Jones of the 87th:
A Bill to be entitled an Act to authorize and direct the Director of the Department of Public Safety to provide for the creation of an official State identification card, to contain a photograph, which shall be issued through the Driver's License Division of the Department of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 762. By Messrs. Keyton and Russell of the 70th, Miles and Cheeks of the 78th, Dent and Connell of the 79th, Smith and Sherman of the 80th, Housley, Burruss and Kreeger of the 117th, McCracken of the 36th, Phillips of the 29th and many others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt sales of tangible personal property to private nonprofit hospitals from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 763. By Messrs. Buck and Pearce of the 84th, Levitas of the 77th, Ross of the 26th, Noble of the 73rd, Dean of the 13th, Morgan of the 23rd, Mat thews of the 16th, Berry of the 85th and others:
A Bill to be entitled an Act to amend Code Chapter 56-3, relating to au thorization of insurers and general requirements for doing business in this State, so as to provide that a certificate of authority may be issued to certain insurers organized as business trusts; to limit insurers or ganized as business trusts to title insurance; and for other purposes.
Referred to the Committee on Insurance.

1190

JOURNAL OF THE HOUSE,

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

HB 689. By Mr. Drury 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 pur poses.

HB 690. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Monroe County upon an annual salary, so as to change the compensation of the chief deputy sheriff; and for other purposes.
HB 691. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Monroe County, so as to change the compensation of the commissioners; and for other purposes.

HB 692. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Monroe County, so as to change the members of the Board of Commissioners of Monroe County; and for other purposes.

HB 693. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Monroe County, so as to provide for an assistant tax commissioner; to provide for a clerk for the tax commissioner; and for other purposes.
HB 694. By Messrs. Hawes of the 95th, Shepherd of the 107th, Savage of the 104th, Stephens of the 103rd, Sims of the 106th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to payment of ad valorem tax; and for other purposes.
HB 695. By Messrs. Lane of the 101st, Greer, Felton and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary along Washington Road, and for other purposes.

TUESDAY, FEBRUARY 23, 1971

1191

HB 696. By Messrs. Lane of the 101st, Greer, Felton and Hawes of the 95th: I
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, so as to extend the corporate limits; and for other purposes.

HB 697. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Leesburg, so as to change the corporate limits of said City; and for other purposes.

HB 698. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to permit the trustees of any trust or any corporation which is treated as a private foundation under the Internal Revenue Code of 1954 may distribute its net income but may elect to expend cash or certain securities from principal for the purpose of avoiding the imposition of certain taxes on such trust; and for other purposes.

HR 230-698. By Mr. Colwell of the 5th: A Resolution compensating Mr. Paul Hunsinger; and for other purposes.

HR 231-698. By Messrs. Felton, Cook, Hawes and Greer of the 95th:

A Resolution proposing an amendment to the Constitution, so as to

provide that residents of the City of Alpharetta who are 65 years of

age or over, or who are totally disabled, and who have an income

from all sources not exceeding $4,000 per annum, shall be granted a

,

homestead exemption of $2,000 for ad valorem taxation by said city;

and for other purposes.

HR 232-698. By Messrs. McDaniell of the 117th and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution to provide that the State may incur guaranteed revenue debt by guaranteeing the payment of revenue obligations issued for toll bridges, toll roads, or any other land public transportation facilities or systems; and for other purposes.
HS 233-698. By Messrs. Lane of the 101st, Hawes, Felton and Greer of the 95th:
A Resolution proposing a Constitutional Amendment, so as to provide that residents of the City of Hapeville who are 65 years old or older and have an income of not more than $4,000 shall be granted a home stead exemption from ad valorem taxation by said City; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 234-698. By Messrs. Lane of the 101st, Hill of the 97th, Pelton, Hawes and Cook of the 95th:
A Resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption to homeowners in the City of East Point who are 65 years old or older provided the income of such residents does not exceed $4,000 per annum; and for other purposes.

HR 235-698. By Messrs. Hawes, Pelton, Horton and Greer of the 95th, Townsend of the 115th, Alexander of the 96th, and Savage of the 104th, and Mrs. Hamilton of the 112th, and others:
A Resolution proposing an amendment to the Constitution so as to al low the City of Atlanta to remove, demolish, close and clear the premises of properties or structures under certain conditions and to provide that such expenditures shall be established as liens against the properties involved; and for other purposes.

HB 699. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to authorize the governing authority of each county to inspect all railroad crossings within the county and to designate certain crossings as "hazardous"; and for other purposes.

HB 700. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Levitas, Thomason and Farrar of the 77th, Geisinger and Collins of the 72nd, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act regulating preparation and recording plats of surveys in counties having a population of 300,000, so as to increase the population requirements to 600,000; and for other purposes.

HB 701. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Collins and Geisinger of the 72nd, Noble and Bell of the 73th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act providing for the lease of park property in certain counties having a population of 300,000, so as to strike the population requirements and have inserted in lieu thereof the figure 600,000; and for other purposes.

HB 702. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Levitas and Thomason of the 77th, Dean of the 76th, Farrar of the 77th, Col lins and Geisinger of the 72nd, Noble and Bell of the 73rd:
A Bill to be entitled an Act to amend an Act providing for tax levies in counties having a population of 300,000 or more, so as to strike the figure 300,000 wherever it appears and inserting in lieu the figure 600,000; and for other purposes.

TUESDAY, FEBRUARY 23, 1971

1193

HB 703. By Messrs. Davis, Westlake and Granade of the 75th, Noble and Bell of the 73rd, Levitas, Farrar, Russell and Thomason of the 77th and Dean of the 76th:
A Bill to be entitled an Act to amend an Act to provide for a budget commission in certain counties, so as to strike the population require ments wherever they appear and insert in lieu thereof the figure 600,000; and for other purposes.

HB 704. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Levitas, Thomason, Farrar of the 77th, Geisinger and Collins of the 72nd, Dean of the 76th, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act providing for the creation of a joint county-city tax board in counties having a greater population of 300,000, so as to strike the population requirements of 300,000 wherever they appear and to insert the figure 600,000; and for other purposes.

HB 705. By Messrs. Davis, Granade, Westlake and Floyd of the 75th, Thomason, Farrar of the 77th, Collins and Geisinger of the 72nd, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act regulating and licensing the sale of wine, so as to provide that any wholesaler of wine having a franchise or contract with any winery, manufacturer, or jobber to sell at wholesale wine in any county having a population of 400,000 shall pay to the governing authority a fee not to exceed that charged on malt beverages; and for other purposes.

HB 706. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Levitas, Thomason and Farrar of the 77th, Collins and Geisinger of the 72nd, Dean of the 76th, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act so as to strike the figures 300,000 wherever they appear and insert in lieu thereof the figure 600,000; and for other purposes.

HB 707. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Dean of the 76th, Levitas, Farrar and Thomason of the 77th, Collins and Geisinger of the 72nd, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act providing for a pension study commission in counties having a population of 300,000, so as to strike the population requirement of 300,000 and insert in lieu thereof the figure 600,000; and for other purposes.

HB 708. By Messrs. Davis, Granade, Floyd and Westlake of tbe 75th, Jordan of the 74th, Dean of the 76th, Levitas, Thomason and Farrar of the

1194

JOURNAL OF THE HOUSE,

77th, Collins and Geisinger of the 72nd, Noble and Bell of the 73rd, Russell of the 77th:
A Bill to be entitled an Act to amend an Act so as to strike the popula tion requirements of 300,000 and insert in lieu thereof the population requirement of 600,000; and for other purposes.

HB 709. By Messrs. Davis, Granade and Westlake of the 75th, Noble and Bell of the 73rd, Collins and Geisinger of the 72nd, Farrar, Russell and Levitas of the 77th, Jordan of the 74th and Dean of the 76th:
A Bill to be entitled an Act to amend Section 91-8 of the Code pertain ing to sale of public property, so as to provide for the sale of county property under certain conditions; and for other purposes.

HB 710. By Messrs. Davis, Granade, Westlake and Floyd of the 75th, Jordan of the 74th, Collins and Geisinger of the 72nd, Farrar and Thomason of the 77th, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act regulating the sales and delivery of malt beverages so as to provide that in counties having a population of 400,000 the provision restricting the license fee of whole sale dealers in a city or county other than where its business is located shall not apply; and for other purposes.

HB 711. By Messrs. Moyer and Nunn of the 41st, Brown, Bennett, Evans, Pinkston and Scarborough of the 81st, Miller of the 83rd, Grahl of the 40th, and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act creating the Houston County Judicial Circuit, so as to change the effective date of said Act; and for other purposes.

HB 712. By Mr. Carter of the 64th:
A Bill to be entitled an Act to amend an Act incorporating the City of Lakeland and repealing the charter of the town of Milltown, so as to provide that the Mayor of Lakeland shall be elected by a majority vote; and for other purposes.

HB 713. By Messrs. Dixon and Sweat of the 65th, Wheeler of the 57th, Grantham of the 55th and Drury of the 66th:
A Bill to be entitled an Act to change the terms of Superior Court for the counties comprising the Waycross Judicial Circuit; and for other purposes.

HB 714. By Messrs. Alexander of the 96th, Larsen of the 113th, Savage of the 104th, Daugherty of the 109th, Stephens of the 103rd, Adams of the 100th, Lane of the 101st, and others:
A Bill to be entitled an Act to amend an Act providing for tenure for

TUESDAY, FEBRUARY 23, 1971

1195

teachers and other professional personnel of public school systems of each city of this State, so as to change the time of notifying probation ary teachers that they will not be recommended for reelection to the second or third year of probation, or to tenure status; and for other purposes.

HB 715. By Messrs. Miller of the 83rd and Scarborough of the 81st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Polygraph Examiners Act", so as to clarify certain provisions relating to exemption from filing an application and license fee; and for other purposes.

HB 716. By Messrs. Davis and Westlake of the 75th, Noble of the 73rd, Collins of the 72nd and Larsen of the 113th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to require metal protectors of substantial flexible flaps on the rearmost wheels of certain motor ve hicles except under certain circumstances; and for other purposes.
HB 717. By Messrs. Davis and Westlake of the 75th, Noble and Bell of the 73rd, Collins of the 72nd and Russell of the 77th:
A Bill to be entitled an Act to amend Code Chapter 32-9, relating to county boards of education, so as to require the State Board of Educa tion to promulgate rules and regulations authorizing county boards of education to require certain parking permits and prescribe fees there for; and for other purposes.
HB 718. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to create a new board of education of Jones County; to provide for the membership of said board; and for other purposes.
HB 753. By Messrs. Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, so as to provide the procedure for determining the value of property for tax purposes under certain conditions; and for other purposes.

SB 13. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act authoriz ing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing pensions to county employees, etc.", so as to provide for credit for federal government employment; and for other purposes.

1196

JOURNAL OF THE HOUSE,

SB 14. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act authoriz ing the Board of Commissioners of Roads and Revenues for Fulton Coun ty to establish rules and regulations governing the payment of pensions to county employees, etc.", so as to provide additional pension benefits; and for other purposes.

SB 54. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to change the benefits under the options provided for retired persons and those who retire in the future; and for other purposes.

SB 59. By Senators Hill of the 29th, McGill of the 24th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide that members of said System shall become members of the Employees' Retirement System of Georgia; and for other purposes.

SB 60. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that mem bers of the Georgia Legislative Retirement System shall become mem bers of the Employees' Retirement System of Georgia; and for other purposes.

SB 144. By Senators Ward of the 39th, Fatten of the 40th, Smith of the 34th and others:
A Bill to be entitled an Act to provide for the equalization of tax assess ments in all counties having within its borders all or the greater part of a city having a population of 300,000 or more . . .; and for other purposes.

SB 175. By Senator Holley of the 22nd:

A Bill to be entitled an Act to amend Code Chapter 14-18, relating to

notes, contracts and public holidays, so as to authorize the governor to

declare banking holidays under certain emergency conditions; and for

other purposes.

'

SB 176. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2021, relating to loans upon or purchases of bank stock by banks, so as to prohibit loans

TUESDAY, FEBRUARY 23, 1971

1197

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.

SB 179. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2001, relating to the number, elections, terms of office and vacancies of boards of di rectors of State Chartered banks, so as to change the minimum number of State Chartered banks, so as to change the minimum number of diof directors; and for other purrposes.

SB 181. By Senator Starr of the 44th:
A Bill to be entitled an Act to declare that accumulation of junk, refuse, and discarded personalty, including vehicles, on private premises in the unincorporated areas of Clayton County shall constitute a public nuisance; and for other purposes.
SB 182. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act requiring all candidates for the General Assembly in counties having a certain population to designate and qualify for the seats in the General Assembly and to name their opponents; and for other purposes.

SB 183. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an act consolidating the offices of the clerk of the superior court and inferior court in and for certain counties; and for other purposes.

SB 184. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act prohibiting the buying, selling, delivering or receiving of any farm products between sunset and sunrise in certain counties; and for other purposes.
SB 185. By Senator Starr of the 44th:
A Bill to be entitled an Act to provide for the custody and disposition of county funds collected by employees and officers of Clayton County; and for other purposes.
SB 191. By Senator Scott of the 17th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Thomaston, so as to change the present corporate limits of said city and to describe the new territory becoming a part of the City of Thomaston; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 192. By Senator Scott of the 17th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Upson County on an annual salary, so as to increase the compensation of the sheriff and the chief deputy sheriff; and for other purposes.

SB 195. By Senators Smith of the 34th, Coggin of the 35th, Ward of the 39th and others:
A Bill to be entitled an Act to amend an Act incorporating Union City, and the several Acts amendatory thereof; 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 and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 438. Do Not Pass. SR 17. Do Pass. SR 19. Do Pass. SR 20. Do Pass. SR 21. Do Pass. SR 22. Do Pass. SB 110. Do Pass.

Respectfully submitted, Matthews of the 63rd, 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 House and has instructed me to report same back to the House with the following recommendations:

HB 535. Do Pass.

Respectfully submitted, Lee of the 21st, Chairman.

TUESDAY, FEBRUARY 23, 1971

1199

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Judiciary 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 139. Do Pass, by Substitute. HB 553. Do Pass, as Amended. HB 551. Do Pass. HB 552. Do Pass, as Amended.
Respectfully submitted, Snow of the 1st, 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 fol lowing Bill of the House and has instructed me to report same back to the House with the following recommendations:

HB 475. Do Pass, by Substitute. Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community 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:
HR 231-698. Do Pass. HR 233-698. Do Pass. HR 234-698. Do Pass. HR 235-698. Do Pass.

1200

JOURNAL OF THE HOUSE,

HB 428. Do Pass. HB 444. Do Pass. HB 459. Do Pass. HB 667. Do Pass. HB 668. Do Pass. HB 669. Do Pass. HB 670. Do Pass. HB 671. Do Pass. HB 672. Do Pass. HB 675. Do Pass. HB 679. Do Pass. HB 680. Do Pass. HB 681. Do Pass. HB 686. Do Pass. HB 690. Do Pass. HB 691. Do Pass. HB 692. Do Pass. HB 693. Do Pass. HB 696. Do Pass. HB 697. Do Pass. HB 700. Do Pass. HB 702. Do Pass. HB 703. Do Pass. HB 704. Do Pass. HB 706. Do Pass. HB 707. Do Pass. HB 708. Do Pass. HB 710. Do Pass. HB ' 712. Do Pass. HB 568. Do Not Pass. HB 687. Do Pass, as Amended.
Respectfully submitted, Levitas of the 77th, Chairman.,

TUESDAY, FEBRUARY 23, 1971

1201

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 has instructed me to report same back to the House with the following recommendations:

HR 225-687. Do Pass. HR 226-687. Do Pass. HR 227-687. Do Pass. HR 228-687. Do Pass. HR 229-687. Do Pass. HB 688. Do Pass. HB 287. Do Pass, by Substitute.
Respectfully submitted, Melton of the 32nd, Chairman.

Mr. Harrington of the 34th District, Chairman of the Committee on Wel fare, submitted the following report:

Mr. Speaker:

Your Committee on Welfare 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 517. Do Pass. HB 518. Do Pass. HB 594. Do Not Pass. HR 197-681. Do Pass.

Respectfully submitted, Harrington of the 34th, Chairman.

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

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JOURNAL OF THE HOUSE,

Mr. Speaker:

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

HB 362. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 349. By Mr. Shanahan of the 8th:
A Bill to change the compensation of the deputy sheriffs in certain counties; and for other purposes.

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

HB 348. By Mr. Shanahan of the 8th:
A Bill to create and establish an Airport Authority for the City of Calhoun and Gordon County, and to authorize such Authority to acquire and maintain all necessary property appertaining to such undertaking; and for other purposes.

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

HB 325. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act creating the Clayton Judicial Circuit, so as to authorize the district attorney of the Clayton Judicial Circuit to ap point one assistant district attorney to assist him in the performance of the official duties of his office; and for other purposes.

HB 338. By Mr. Knowles of the 22nd:
A Bill to authorize the Board of Commissioners of Henry County to levy and collect a tax on mobile home rental units and mobile home sites located within said county; and for other purposes.

HB 350. By Mr. Ross of the 26th:
A Bill to amend an Act placing the sheriff, ordinary and clerk of the superior court of Wilkes County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.

TUESDAY, FEBRUARY 23, 1971

1203

HB 353. By Messrs. Moore and Gunter of the 6th:
A Bill to amend an Act establishing the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 354. By Messrs. Moore and Gunter of the 6th:
A Bill to amend an Act placing the sheriff of Stephens County on an annual salary, so as to change the provisions relative to the compen sation of the sheriff; and for other purposes.

HB 355. By Messrs. Moore and Gunter of the 6th:
A Bill to amend an Act fixing the compensation of the clerk of the superior court of Stephens County, so as to change the provisions rela tive to the compensation of said clerk; and for other purposes.

HB 356. By Messrs. Moore and Gunter of the 6th:
A Bill to amend an Act placing the ordinary of Stephens County on an annual salary, so as to change the provisions relative to the compen sation of the ordinary; and for other purposes.

HB 357. By Messrs. Harrington and Chandler of the 34th:
A Bill to amend an Act placing the sheriff of Wilkinson County on an annual salary in lieu of the fee system of compensation, so as to au thorize the governing authority to furnish sheriff with such auto mobiles as may be required for him to adequately perform the official duties of his office; and for other purposes.

HB 363. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Barrow County on a salary basis, so as to change the compensation of the Sheriff of Bartow County; and for other purposes.

HB 364. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to amend an Act creating the Office of Commissioner of Bartow County, so as to change the compensation of the Commissioner of Bartow County; and for other purposes.

HB 365. By Messrs. Harris, Poole and Roach of the 10th: A Bill to amend an Act placing the compensation of the Sheriff, the

1204

JOURNAL OF THE HOUSE,

Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis, so as to change the compensation of the Clerk of the Superior Court; and for other purposes.

HB 366. By Messrs. Harris, Poole and Roach of the 10th:
A Bill to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Bartow County on a salary basis, so as to change the compensation of the Ordinary; and for other purposes.

HB 367. By Messrs. Harris and Roach of the 10th:
A Bill to designate as depositories for public trust funds the treasury in counties of Georgia having a population of not less than 32,350 nor more than 32,700; and for other purposes.

HB 388. By Messrs. Johnson and Phillips of the 29th:
A Bill to amend an Act incorporating the Town of Warrenton, so as to change the salary of the mayor and council; and for other purposes.

HB 390. By Mr. Carr of the 35th:
A Bill to abolish the present mode of compensating the Ordinary of Washington County, known as the fee system; to provide in lieu there of an annual salary; and for other purposes.

HB 391. By Mr. Carr of the 35th:
A Bill to abolish the present mode of compensating the Tax Commis sioner of Washington County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 392. By Mr. Carr of the 35th:
A Bill to provide that certain officers of Washington County shall submit an annual budget; and for other purposes.

HB 393. By Mr. Carr of the 35th:
A Bill to amend an Act incorporating the Town of Deepstep, so as to change the term of office for the mayor and council; and for other purposes.

HB 394. By Mr. Carr of the 35th:
A Bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting

TUESDAY, FEBRUARY 23, 1971

1205

in lieu thereof an annual salary, so as to change the compensation of the clerk of the superior court of Washington County; and for other purposes.

HB 395. By Mr. Carr of the 35th:
A Bill to amend an Act incorporating the City of Sandersville, so as to change the time of the election and installation of city officials; and for other purposes.

HB 408. By Messrs. Pinkston, Brown, Bennett, Evans and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to amend an Act creating the Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County, so as to extend the period of time in which the Commission may function; and for other purposes.

HB 414. By Messrs. Miller of the 83rd, Pinkston, Brown, Evans and Bennett of the 81st, Coney of the 82nd:
A Bill to amend Section 57 of an Act approved August 27, 1872, in corporating the City of Macon, so as to provide that notwithstanding any provision of said Section, the City shall have the power and au thority to transfer and convey by quitclaim to the State of Georgia a certain described portion of Central City Park; and for other purposes.

HB 433. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary; and for other purposes.

HB 443. By Mr. Collins of the 54th:
A Bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Lee County, so as to authorize the clerk to employ two deputy clerks to assist in discharging the official duties of his office; and for other purposes.

HB 452. By Mr. Phillips of the 50th:
A Bill to amend an Act repealing an Act creating a Board of Commis sioners for Montgomery County and creating a new board of commis sioners for the County of Montgomery, so as to create an expense al lowance for the board of commissioners; and for other purposes.

HB 442. By Mr. Collier of the 54th:
A Bill to amend an Act abolishing the fee system of compensating the sheriff of Lee County and providing in lieu thereof an annual salary,

1206

JOURNAL OF THE HOUSE,

so as to change the maximum salary when the sheriff may be entitled to receive; and for other purposes.

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

SB 10. By Senator Kidd of the 25th:
A Bill to provide for longevity increases in salary for any person cov ered by the Merit System who has been employed with any department or agency of State Government for a minimum of 10 years and who has attained the top step in his grade classification; and for other purposes.
SB 20. Senator Kidd of the 25th:
A Bill to amend an Act relative to prohibiting the purchase of any passenger automobile by any department, institution, bureau or agency of this State, as amended, so as to provide that any institution under the supervision of the State Board of Health or any unit of the Uni versity System of Ga. shall be authorized to purchase passenger auto mobiles for the purpose of use in patrol and security work; and for other purposes.
SB 34. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to amend an Act authorizing a self-insurance program for all of the State's insurable property, so as to authorize the Supervisor of purchases to insure all public buildings located within the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 151. By Senators Plunkett of the 30th, Bateman of the 27th, and Webb of the llth:
A Bill to completely and exhaustively revise, supersede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to define certain terms to provide for the functions of the Board; and for other purposes.
SB 161. By Senator Johnson of the 38th:
A Bill to amend an Act establishing a Municipal Court of the City of Atlanta, as amended, so as to strike the contents of Section 44 of said Act; and for other purposes.
SB 162. By Senators Stephens of the 36th and Hudgins of the 15th:
A Bill to suspend the obligation of certain handicapped veterans from paying ad valorem taxes on their automobiles; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 23, 1971

1207

SB 193. By Senator Zipperer of the 3rd:
A Bill to amend an Act creating the Board of Commissioners of Bryan County; so as to change the compensation of the Chairman, Vice-Chair man and members of said Board of Commissioners; and for other purposes.

SB 206. By Senator Holley of the 22nd:
A Bill to amend Code Section 13-2024, relating to the ownership of real estate by banks, as amended, so as to provide that banks shall not pur chase real estate for banking purposes without the prior written ap proval of the Superintendent of Banks; and for other purposes.

SB 210. By Senator Starr of the 44th: A Bill to repeal an Act regulating and fixing the per diem pay of jurors in certain counties; to repeal conflicting laws; and for other purposes.
SB 211. By Senator Starr of the 44th: A Bill to repeal an Act providing for a commutation tax in lieu of road work in any militia or road district in the County of Clayton; to repeal conflicting laws; and for other purposes.
SB 212. By Senator Starr of the 44th: A Bill to repeal an Act authorizing the ordinaries of certain counties to farm out prisoners convicted of misdemeanors to other counties; to repeal conflicting laws; and for other purposes.
SB 213. By Senator Starr of the 44th: A Bill to repeal an Act abolishing the office of county treasurer of Clayton County, Georgia; to repeal conflicting laws; and for other purposes.
SB 214. By Senator Starr of the 44th: A Bill to repeal an Act prohibiting the manufacture of distilled spirits of all kinds, except domestic wines made from grapes or berries, with in the limits of Clayton county; to repeal conflicting laws; and for other purposes.
SB 215. By Senator Kidd of the 25th: A Bill to amend an Act creating a new Charter for the City of Milledgeville, as amended, so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.

1208

JOURNAL OP THE HOUSE,

SB 220. By Senators Rowan of the 8th and Eldridge of the 7th:
A Bill to amend an Act providing a salary for the official Court Re porter of the Alapha Judicial Circuit, as amended, so as to provide that the said Court Reporter shall be compensated by a salary and ex pense allowance by each county within said judicial circuit in an amount to be determined by the governing authority of each said county; and for other purposes.

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

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th, and Cook of the 95th:
A Bill to amend an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), so as to increase the excise tax on cigarettes; to impose an ex cise tax on cigarettes held or possessed by every dealer or distributor of cigarettes on the effective date of this Act; and for other purposes.

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

SB 1. By Senator Fincher of the 54th:
A Bill to amend an Act known as the "Used Car Dealers Registration Act", as amended, so as to provide that the State Board of Used Car Dealers shall not issue or renew any license unless the applicant shall procure and file a good and sufficient bond from a corporate surety licensed to do business within the State; and for other purposes.

SB 137. By Senator London of the 50th:
A Bill to amend an Act creating the North Georgia Mountains Au thority, as amended, so as to authorize the Authority to provide for security officers; and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 428. By Mr. McCracken of the 36th: A Bill to be entitled an Act to provide that the Board of Commissioners of Jefferson County may supplement the compensation presently received by the Ordinary of Jefferson County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 23, 1971

1209

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 444. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Louisville, as amended, so as to change the corporate limits of the City of Louisville; and for other purposes.

The report 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 459. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Chattooga County, as amended, so as to provide for the Dis trict Attorney of the Lookout Mountain Judicial Circuit to assume the duties and powers of the solicitor; and for other purposes.

The report 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 483. By Mr. Carr of the 35th: A Bill to be entitled an Act to amend an Act entitled the "Housing Authorities Law", as amended, so as to provide that certain cities may add additional members to the housing authorities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1210

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 667. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act placing the ordinary and clerk of the superior court of Hart County upon an annual salary, so as to authorize the governing authority to increase the compensation of certain employees 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 110, nays 0.

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

HB 668. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to authorize the governing authority of Hart County to increase the compensation of certain employees 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 110, nays 0.

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

HB 669. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, as amended, so as to change the compen sation of the sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill,, was agreed to.

TUESDAY, FEBRUARY 23, 1971

1211

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 670. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Ringgold, as amended, so as to remove the authority of the mayor and aldermen of the City of Ringgold, and the City of Ringgold, to extend its system of waterworks beyond the city limits; and for other purposes.

The report 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 671. By Messrs. Wood, Whitmire and Williams of the llth:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Cumming, as amended, so as to add certain property to 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 672. By Messrs. Williams, Wood and Whitmire of the llth: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Hall County, as amended, so as to change the compensa tion of the members of the Board of Commissioners of Hall County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1212

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 675. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to create the office of Commissioner of Heard County; to provide his qualifications; and for other purposes.

The report 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 679. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend Code Section 21-105, relating to the fees of coroners, as amended, so as to change certain of the popula tion figures and the census contained therein; 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 680. By Messrs. Sweat and Dixon of the 65th: A Bill to be entitled an Act to amend the Urban Redevelopment Law, as amended, so as to change certain of the population figures con tained therein and the applicable 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 110, nays 0.

TUESDAY, FEBRUARY 23, 1971

1213

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

HB 681. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act providing that the tax receivers in certain counties shall receive as a commission two and onehalf percent of the taxes collected for the boards of education, as amended, so as to change the population figures and census contained therein; and for other purposes.

The report 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 686. By Messrs. Harris, Roach and Poole of the 10th:
A Bill to be entitled an Act to provide that coroners in counties having a population of not less than 32,600 and not more than 32,700, shall be compensated $100 per month, to be paid out of county funds; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

SB 1. By Senator Pincher of the 54th:
A Bill to be entitled an Act to amend an Act known as the "Used Car Dealers Registration Act", so as to provide that the State Board of Used Car Dealers shall not issue or renew any license unless the appli cant shall procure and file a good and sufficient bond from a corporate surety licensed to do business within the State; and for other purposes.
Referred to the Committee on Motor Vehicles.

1214

JOURNAL OF THE HOUSE,

SB 10. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for longevity increases in salary for any person covered by the Merit System who has been employed with any department or agency of State Government for a minimum of 10 years and who has attained the top step in his grade classification; and for other purposes.
Referred to the Committee on Retirement.

SB 20. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act relative to prohibiting the purchase of any passenger automobile by any department, institu tion, bureau or agency of this State, so as to provide that any institution under the supervision of the State Board of Health or any unit of the University System of Georgia shall be authorized to purchase pas senger automobiles for the purpose of use in patrol and security work; and for other purposes.
Referred to the Committee on University System of Georgia.

SB 34. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act authorizing a self-insur ance program for all of the State's insurable property, so as to au thorize the Supervisor of Purchases to insure all public buildings lo cated within the State of Georgia; and for other purposes.
Referred to the Committee on Insurance,

SB 137. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating the North Georgia Mountains Authority, so as to authorize the Authority to provide for security officers; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 151. By Senators Plunkett of the 30th, Bateman of the 27th and Webb of the llth:
A Bill to be entitled an Act to completely and exhaustively revise, supersede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; and for other purposes.
Referred to the Committee on Retirement.

SB 161. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act establishing a Municipal Court of the City of Atlanta, so as to strike the contents of Section 44 of said Act, which Section provides for a cost deposit to be paid to the

TUESDAY, FEBRUARY 23, 1971

1215

clerk of said court by the party filing or commencing any proceeding in said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 162. By Senators Stephens of the 36th and Hudgins of the 15th:
A Bill to be entitled an Act to suspend the obligation of certain handi capped veterans from paying ad valorem taxes on their automobiles; and for other purposes.
Referred to the Committee on Ways and Means.

SB 193. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County; so as to change the compensation of the Chairman, Vice-Chairman and members of said Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 206. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2024, relating to the ownership of real estate by banks, so as to provide that banks shall not purchase real estate for banking purposes without the prior written approval of the Superintendent of Banks; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 210. By Senator Starr of the 44th: A Bill to be entitled an Act to repeal an Act regulating and fixing the per diem pay of jurors in certain counties; and for other purposes.
Referred to the Committee on Judiciary.
SB 211. By Senator Starr of the 44th: A Bill to be entitled an Act to repeal an Act providing for a commutation tax in lieu of road work in any militia or road district in the County of Clayton; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 212. By Senator Starr of the 44th: A Bill to be entitled an Act to repeal an Act authorizing the ordinaries

1216

JOURNAL OF THE HOUSE,

of certain counties to farm out prisoners convicted of misdemeanors to other counties; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 213. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act abolishing the office of county treasurer of Clayton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 214. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act prohibiting the manu facture of distilled spirits of all kinds, except domestic wines made from grapes or berries, within the limits of Clayton County; and for other purposes.
Referred to the Committee on Temperance.
SB 215. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Milledgeville, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 220. By Senators Rowan of the 8th and Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act providing a salary for the official Court Reporter of the Alapaha Judicial Circuit, so as to provide that the said Court Reporter shall be compensated by a salary and ex pense allowance by each county within said judicial circuit in an amount to be determined by the governing authority of each said county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
Mr. Vaughn of the 74th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:
HB 112. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the taxation of motor fuel, so as to provide for an increase in the motor fuel excise tax; and for other purposes.

TUESDAY, FEBRUARY 23, 1971

1217

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier Collins, S. Colwell Coney, J. L. Conger Connell Cook Daugherty Davis, E. T.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dixon
Drury
Edwards
Egan
Evans
Ezzard

Farrar Felton Fraser Gary Gaynor Geisinger Gignilliat Grahl Greer Griffin Gunter Hadaway Ham Hamilton Harris Hawes Hays Hill, B. L. Horton Housley Howard Howell
Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lowrey
Marcus
Mason
Matthews, C.
McCracken
McDaniell
McDonald
Melton

Miller Moore Moyer Mulherin Northcutt Nunn Odom Oxford Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Strickland Thomason Thompson Toles
Townsend
Triplett
Turner
Vaughn
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

1218

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Barfield Bennett, J. T. Bohannon Bostick Bowen Brantley, H. L. Chappell Collins, M. Davis, W. Floyd, J. H. Floyd, L. R. Grantham

Harrington Hill, G. Jessup Jones, J. R. Lane, W. J. Larsen, W. W. Leggett Lewis Mauldin Maxwell Merritt Miles

Milford Morgan Murphy Nessmith Noble Patterson Peters Rainey Salem Tripp Westlake

Those not voting were Messrs.:

Alien Coney, G. D. Dailey Dorminy Granade Harrison Hood

Jordan Logan Longino Matthews, D. R. Mullinax Pickard Snow

Stephens Sweat Wamble Ware Mr. Speaker

On the motion, the ayes were 141, nays 35.

The motion prevailed and HB 112 was reconsidered.

Mr. Coney of the 82nd stated that he had been called from the floor of the House when the roll was called on the motion to reconsider HB 112, and wished to be recorded as voting "aye".

Mr. Alien of the 92nd stated that due to mechanical failure his vote did not record. He wished to be recorded as voting "aye" on the motion to reconsider HB 112.

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Industry for further study:

HB 484. By Messrs. Burruss and Howard of the 117th:
A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to create and define the crime of criminal profiting on unauthorized sound recordings; and for other purposes.

TUESDAY, FEBRUARY 23, 1971

1219

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

HB 348. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to create and establish an Airport Authority for the City of Calhoun and Gordon County, and to authorize such Authority to acquire and maintain all necessary property appertaining to such undertaking; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend Section 6 of HB 348 by inserting in sub-section (c) on line 27 after the words "easements and franchises acquired," the following:
"including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such reloca tions are made necessary by the project."
Mr. Shanahan of the 8th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 110, nays 0.

The motion prevailed and the Senate amendment to HB 348 was agreed to.

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

HB 349. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to change the compensation of the deputy sheriffs in certain counties; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to change the compensation of the deputy sheriffs in certain counties; to provide an effective date; to repeal con flicting laws; and for other purposes.

1220

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. In all counties of this State having a population of not less than 23,510 and not more than 23,700 according to the United States decennial census of 1970 or any future such census, the depu ties of the sheriffs in such counties shall receive $4.00 per month in addition to their regular salaries for each year of service as a deputy, payable at the same time and in the same manner as their regular salaries out of the funds of such counties.

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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

Mr. Shanahan of the 8th moved that the House agree to the Senate sub stitute.
On the motion, the ayes were 110, nays 0.
The motion prevailed and the Senate substitute to HB 349 was agreed to.

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 135. By Messrs. Miles of the 78th and Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act entitled "The Act creating the Public School Employees' Retirement System", so as to change the membership of the Board of Trustees of the Public School Employees' Retirement Funds; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. kdams, John Adams, Marvin Alexander, W. H.

Alexander, W. M. Atherton Barfield Battle

Bell Bennett, J. T. Berry Blackshear

TUESDAY, FEBRUARY 23, 1971

1221

Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Carr Carter Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Egan Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin

Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles Milford Miller Moore

Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn
Odom Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Tripp Turner Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those not voting were Messrs. :

Alien Bennett, Tom

Black Brown, C.

Busbee Chance

1222
Colwell Dailey Dorminy Evans Gary Harrison Hood Howell Hudson, C. M.

JOURNAL OF THE HOUSE,

Jones, Herb Longino Melton Oxford Phillips, G. S. Reaves Russell, H. P. Snow Toles

Townsend Triplett Vaughn Wamble Whitmire Williams Wood Mr. Speaker

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

The Bill, having received the requisite constitutional majority, was passed.
HB 421. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code," so as to provide certain definitions; to require those who desire to hold or promote by advertising or otherwise a mass gathering within the State likely to attract 5,000 people or more for 12 hours or more to obtain a permit from the Department of Public Health; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, so as to provide certain definitions; to require those who desire to hold or promote by advertising or otherwise a mass gathering within the State of Georgia likely to attract five thousand people or more for twelve hours or more to obtain a permit from the Department of Public Health of the State of Georgia; to provide a procedure to evaluate the application for the permit and the informa tion which must be included in the application; to provide that the person or persons who wish to hold or promote a mass gathering shall obtain a bond issued by a surety company authorized to transact busi ness in this State; to provide that any person claiming against the bond may maintain an action at law against the person or persons holding or promoting the mass gathering and the surety; to provide for cash deposits in lieu of bonds; to provide for a monetary assess ment from the person holding or promoting the mass gathering for each person in attendance beyond the number specified in the applica tion for such mass gathering; to provide for the promulgation of rules and regulations to supplement this Chapter; to provide a penalty; to provide exemptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

TUESDAY, FEBRUARY 23, 1971

1223

Section 1. Code Title 88, known as the "Georgia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is. hereby amended by adding a new Chapter to be designated as Code Chapter 88-12A entitled "Control of Mass Gatherings.", which shall
read as follows:

"Chapter 88-12A. Control of Mass Gatherings.
"88-1201a. Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them:
(a) The term 'Department' means the Department of Public Health of the State of Georgia.
(b) The term 'Mass Gathering' means any event likely to at tract five thousand or more persons and to continue for twelve (12) or more hours.
(c) The term 'Permit' means written authorization to a per son by the Health Authority to operate a mass gathering.

(d) The term 'Person' means the State or any agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association, or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private cor poration.

"88-1202a. Permit Required. No person shall hold or promote, by advertising or otherwise, a mass gathering unless a permit has been issued for the gathering. Such permits shall be issued by the Department of Public Health, and shall be in writing and shall specify the conditions under which issued, and shall remain in ef fect until suspended, revoked, or until the mass gathering is termi nated. The permit shall not be transferable or assignable, and a separate permit shall be required for each mass gathering.

"88-1203a. Application for Permit. Application for a permit to promote or hold a mass gathering shall be made to the Department of Public Health on a form and in a manner prescribed by the Department of Public Health by the person who will promote or hold the mass gathering. Application for a permit to promote or hold a mass gathering shall be made at least 15 days before the first day of advertising and at least 45 days before the first day of the gathering. Water and sewage facilities shall be constructed and operational not later than 48 hours before the first day of the mass gathering. The application shall be accompanied by such plans, reports and specifications as the Health Department shall deem necessary. The plans, reports and specifications shall pro vide for adequate and satisfactory water supply and sewage facili ties, adequate drainage, adequate toilet and lavatory facilities, ade quate refuse storage and disposal facilities, adequate sleeping areas

1224

JOURNAL OF THE HOUSE,

and facilities, wholesome food and sanitary food service, adequate medical facilities, insect control, adequate fire protection, and such other matters as may be appropriate for security of life or health. The application shall disclose the names and addresses of all of the persons, firms or corporations providing financial backing to the mass gathering, and the amounts of such backing.

"88-1204a. Evaluation of the Application for a Permit. Prior to the issuance of a permit, the applicant must:

(a) Provide a plan for limiting attendance, including methods of entering the area, number and location of ticket booths and en trances, and provisions for keeping non-ticket holders out of the area;

(b) Provide a statement verifying that all construction and installation of facilities including water supply, sewage disposal, insect control, food service equipment and garbage handling facili ties will be completed at least 48 hours prior to the commencement of the event;

(c) Provide a detailed plan for food service, including a de scription of food sources, menu, mandatory use of single service dishes and utensils, refrigeration, food handling and dispensing;

(d) Provide a detailed plan for use of signs to locate all fa cilities and roadways;

(e) Provide a statement from local fire and police authorities having jurisdiction over the area acknowledging that they can sup ply adequate security, traffic control and law enforcement for the proposed gathering;

(f) Provide a detailed plan for emergency situations includ
ing (1) food supplies, and (2) medical supplies, facilities and personnel, (3) an evacuation plan, and (4) emergency access roads;

(g) Provide a statement from the local Civil Defense Director, if there is such an officer, indicating that he has been advised of the event and has approved the plan from a Civil Defense stand point; and

(h) Provide a command post to be used by Health Depart ment personnel consisting of a minimum of one building or trailer equipped with an adequate communication system.

If it appears necessary and proper that such application for a permit be denied or that a permit previously granted be sus pended or revoked, the applicant or holder of the permit shall be notified thereof in writing and shall be afforded an opportunity for hearing as provided in Code Chapter 88-3.

"88-1206a. Requirement of a Bond. The person holding or pro-

TUESDAY, FEBRUARY 23, 1971

1225

moting a mass gathering shall provide a bond of one million dol lars ($1,000,000) issued by a surety company authorized to trans act business in this State. The bond shall be to guarantee full com pliance with this Chapter as well as other applicable provisions of the Georgia Health Code and rules and regulations promulgated thereunder. The bond shall also cover cleanup of the site. This bond shall be in favor of the State of Georgia for the benefit of any person who is damaged as a result of the activity of a mass gathering. Any person claiming against the bond may maintain an action at law against the person holding or promoting the mass gathering and the surety. In lieu of furnishing the bond, the per son holding or promoting a mass gathering may deposit with the Director of the Department of Public Health, a cash deposit in like amount.

"88-1206a. The person promoting or holding a mass gathering shall be assessed at the rate of five dollars ($5.00) for each per son in attendance beyond the specified number in the application for such mass gathering. Any such assessment shall be remitted to the State Treasurer and credited to the General Fund.

"88-1207a. Rules and Regulations. The Department of Public Health is authorized to promulgate such rules and regulations as may appear necessary to carry out the purposes of this Chapter.

"88-1208a. Violation of this Chapter a Misdemeanor. Any per son who violates any provision of this Chapter, or any rule or regu lation adopted pursuant thereto, shall be deemed guilty of a mis demeanor and, upon conviction thereof, shall be punished accord ingly."

Section 2. This Act shall not apply to any mass gathering which is to last less than twelve consecutive hours and which is to be held in any regularly established, permanent place of worship, athletic field, auditorium, coliseum or other similar permanently established building, the maximum seating capacity of which is not to be exceeded by more than 250.

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

The following amendment was read and adopted:
Messrs. Gignilliat of the 89th and Battle of the 90th move to amend the Committee substitute to HB 421 by adding at the end of Section 2 the following:
"The provisions of this Act shall not apply to fairs and similar industrial-agricultural exhibitions which have been in existence for at least five consecutive years prior to this Act becoming law."

An amendment, offered by Mr. Cook of the 95th, was read and lost.

1226

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Messrs. Dixon and Sweat of the 65th move to amend the Committee substitute to HB 421 by striking the word "twelve" and the figure "12" and inserting in lieu thereof the words "fifteen consecutive" and the figure "15" on page 2, line 13, and by changing the title accordingly.

An amendment, offered by Mr. Alexander of the 108th, was read and lost.

The following amendments were read and adopted:
Mr. Morgan of the 23rd moves to amend the Committee substitute to HB 421 by striking Section 2 in its entirety and inserting in lieu thereof the following:
"This Act shall not apply to any mass gathering which is to be held in any regularly established permanent place of worship, athletic field, auditorium, coliseum or other similar permanently established building within the maximum seating capacity."
Mr. Isenberg of the 67th moves to amend the Committee substi tute to HB 421 by exempting recognized religious gatherings that are held for as much as 7 days.

An amendment, offered by Mr. Hill of the 94th, was read and lost.

An amendment, offered by Mr. Brown of the 110th, 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:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Barfield
Battle Bell Bennett, J. T.

Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, C. Brown, S. P. Buck
Burruss Busbee Carr Carter Chance

Chandler Chappell Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Eraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham
Harrington
Harris
Hays
Hill, G.
Horton
Housley
Howard

TUESDAY, FEBRUARY 23, 1971

1227

Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Miller Moore Morgan
Mover
Mullinax
Murphy
Nessmith
Noble
Northcutt
Nunn

Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Sims Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Ware Westlake Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Bond Brown, B. D.

Hamilton Hill, B. L. Hood

King

1228

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Cheeks Connell Dailey Daugherty Dean, J. E.
Dent Harrison

Hawes Levitas Longino Miles Mulherin Russell, H. P.
Shepherd Sherman

Smith, H. R. Thimpson Townsend Vaughn Wamble Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 7.

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

By unanimous consent, HB 421, by substitute, as amended, was ordered im mediately transmitted to the Senate.
HB 266. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 88-909, relating to admissibility of information, in private actions, obtained by the Board of Health, Department of Public Health or their employees or agents, so as to provide that information directly affecting any person ob tained by the Board, the Department or their employees or agents as a result of studies, surveys, investigation, reports, etc., shall be ad missible as evidence; and for other purposes.

The report 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 397. By Mr. Cook of the 95th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to enact for their respective jurisdic tions, ordinances, which have the effect of restricting the operation of adult bookstores and movie houses to areas zoned for commercial or industrial purposes; and for other purposes.

TUESDAY, FEBRUARY 23, 1971

1229

The following Committee amendment was read and adopted:

The Committee on Industry moves to amend HB 397 as follows:
By deleting the word "or", which appears after the word "college" on line 22 and by inserting in lieu thereof a ",".
By inserting after the word "center" on line 23 the following:
"or private residence".
By inserting at the end of Section 2 the following:
"The governing authority of each county and municipality is hereby authorized to enact, for their respective jurisdictions, ordi nances relating to the subject of this Section."
By deleting the "," which appears after the word "genitals" on line 21 of page 2 and by inserting in lieu thereof the word "or", and by deleting the words "or buttocks" on line 21.

An amendment, offered by Messrs. Moore and Gunter of the 6th, was read and lost.
The following amendment was read:
Mr. Howard of the 117th moves to amend HB 397 by striking from Section 1, lines 17 and 18 the following language:
"to areas zoned for commercial or industrial purposes."

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 Barfield Bennett, J. T. Berry Bohannon Bostick Bowen Bray Burruss Chandler Clements
Coney, J. L. Dean, N.

Edwards Floyd, L. R. Hadaway Hood Housley Howard Hudson, C. M.
Hudson, Ted Keyton Kreeger Lane, W. J. Leggett Logan

Matthews, D. R. McCracken McDaniell Moore Odom Patterson Pearce Pinkston Rainey Roach Smith, V. T.
Snow Triplett

1230

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Battle Bell Bennett, Tom Black Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Busbee Carr Chance Cole Collins, S. Coney, G. D. Conger Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dixon Drury Egan Evans Ezzard Farrar Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham

Greer Griffin Ham Hamilton Harrington Hays Hill, G. Horton Howell Hutchinson Isenberg Jones, J. R. Jordan King Knight Knowles Lambert Lane, Dick Larsen, G. K. Lee, W .J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDonald Melton Milford Miller Morgan Moyer Mullinax Murphy Nessmith Noble

Northcutt Nunn Oxford Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Reaves Ross Rush Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Sorrells Stephens Strickland Sweat Thomason Toles Tripp Turner Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Alexander, W. H. Alien Blackshear Bond Brown, B. D. Carter Chappell Cheeks Collier Collins, M. Colwell

Connell Dailey Dent Dorminy Felton Floyd, J. H. Granade Gunter Harris Harrison Hawes

Hill, B. L. Jessup Johnson Jones, Herb Larsen, W. W. Longino Merritt Miles Mulherin Russell, H. P. Savage

TUESDAY, FEBRUARY 23, 1971

1231

Shepherd Smith, H. R. Smith, J. R.

Thompson Townsend Vaughn

Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 39, nays 115.

The amendment was lost.

The following amendment was read and adopted:
Mr. Williams of the llth moves to amend HB 397 by adding to Section 2, line 21 after the word "church", the words "church book store".

The following amendment was read:
Mr. Howard of the 117th moves to amend HB 397 by striking from lines 5, 6, 7, 8 and 9 on Page 1 thereof the following:
"to areas zoned for commercial or industrial purposes; to pro vide that said bookstores and movie houses shall be prohibited from operating within certain distances of churches, parks, public housing projects, hospitals, schools, colleges or recreation centers;",
and substituting therefor the following:
"in such county or municipality;",
and by striking from lines 20, 21, 22 and 23 on Page 1 thereof the following:
"200 yards of any church, public park, public housing project, hospital, school (public or private), college or recreation center.",
and substituting therefor the following:
"any county or municipality."

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

Those voting in the affirmative were Messrs.:

Alien Barfield Black Bohannon

Bostick Bowen Burruss Carter

Chandler Clements Cole Collier

1232
Collins, S. Coney, J. L. Davis, E. T. Dean, N. Edwards Floyd, J. H. Floyd, L. R. Gunter Hadaway Harris Hill, G. Hood Housley Howard Howell

JOURNAL OF THE HOUSE,

Hudson, C. M. Jessup Jones, Herb Keyton Knowles Kreeger Lane, Dick Lane, W. J. Leggett Matthews, D. R. McCracken McDaniell McDonald Miller Moore

Mullinax Northcutt Odom Patterson Patten Pinkston Roach Scarborough Smith, J. R. Smith, V. T. Strickland Triplett Tripp Turner Westlake

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bennett, Tom Berry Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Busbee Carr Chance Coney, G. D. Conger Cook Davis, W.
Dean, Gib
Dean, J. E.
Dixon
Dorminy
Drury
Egan
Evans
Ezzard
Farrar
Fraser
Gary
Gaynor
Geisinger

Gignilliat Grahl Grantham Greer Griffin Ham Hamilton Harrington Hays Horton Hudson, Ted Hutchinson Isenberg Jones, J. R. Jordan King Knight Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.
Levitas
Lewis
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
Melton
Milford
Morgan
Moyer
Murphy

Nessmith Noble Nunn Oxford Pearce Peters Phillips, G. S. Pickard Poole Potts Rainey Ross Rush Russell, A. B. Russell, W. B. Salem Shanahan Sherman Sims Sorrells Stephens
Sweat
Thomason
Toles
Townsend
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

TUESDAY, FEBRUARY 23, 1971

1233

Those not voting were Messrs.:

Adams, John Bennett, J. T.
Blackshear Bond
Brantley, H. L. Brown, B. D. Chappell Cheeks Collins, M. Colwell Connell Dailey Daugherty

Dent Felton
Granade Harrison
Hawes Hill, B. L. Johnson Larsen, W. W. Logan Longino Merritt Miles Mulherin

Phillips, L. L. Phillips, W. R.
Reaves Russell, H. P.
Savage Shepherd Smith, H. R. Snow Thompson Vaughn Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 57, nays 100.

The amendment was lost.

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, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell

Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard

1234
Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick

JOURNAL OF THE HOUSE,

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.

Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Bond

Brown, B. D. Daugherty

Those not voting were Messrs.:

Blackshear Dailey Harrison

Johnson Longino Russell, H. P.

Hill, B. L.
Smith, J. R. Wamble Mr. Speaker

TUESDAY, FEBRUARY 23, 1971

1235

On the passage of the Bill, as amended, the ayes were 181, nays 5.

The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 397, as amended, was ordered immediately trans mitted to the Senate.
Mr. Dean of the 76th requested that the following communication appear in the Journal:
The General Assembly State Capitol Atlanta
Honorable Glenn W. Ellard, Clerk Georgia House of Representatives State Capitol Building Atlanta, Georgia
Dear Mr. Ellard:
This will hereby certify that I, Representative James E. Dean, Dis trict 76, County of DeKalb, City of Atlanta, Georgia, had a no vote on HB 397 voted on by the House of Representatives on February 23, 1971.
Your favorable cooperation pertaining to correcting the vote will be greatly appreciated.
Thanking you in advance, I am,
Respectfully yours, James E. Dean
The Speaker announced the House recessed until 2:00 o'clock, P.M.
AFTERNOON SESSION
The Speaker called the House to order.

Mr. Floyd of the 7th arose to a point of personal privilege and addressed the House.

1236

JOURNAL OF THE HOUSE,

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

Mr. Murphy of the 19th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary for further study:

HB 243. By Messrs. Snow of the 1st, Lee of the 61st, Bennett of the 71st, Coney of the 118th and many others:
A Bill to be entitled an Act to completely revise, amend, and supersede the provisions of Georgia Law relating to criminal procedure; and for other purposes.

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

HR 174-526. By Mr. Dorminy of the 48th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property; 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, G. D. Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Blackshear Bohannon

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Chappell

Clements Cole Collier Collins, S. Coney, J. L.
Conger Cook Daugherty Davis, E. T. Davis, W.
Dean, Gib Dean, N. Dixon Dorminy

Drury Edwards Egan Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Housley Howard Howell Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. King

TUESDAY, FEBRUARY 23, 1971

1237

Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Milford Morgan Moyer Mullinax Northcutt Nunn Odom Oxford Patterson Patten Pearce

Peters Phillips, L. L. Pickard Poole Potts Rainey Roach Ross Rush Russell, A. B. Salem Shanahan Sims Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Thomason Toles Triplett Turner Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Bennett, Tom Black Bond Brown, B. D. Brown, S. P. Cheeks Collins, M. Colwell Coney, C. D. Connell Dailey Dean, J. E. Dent Evans Ezzard Felton Granade Gunter Hadaway

Harrison Hood Horton Hudson, C. M. Jessup Jordan Keyton Lane, W. J. Levitas Longino McCracken McDonald Miles Miller Moore Mulherin Murphy Nessmith Noble

Phillips, G. S. Phillips, W. R. Pinkston Reaves Russell, H. P. Russell, W. B. Savage Scarborough Shepherd Sherman Smith, H. R. Stephens Thompson Townsend Tripp Vaughn Wamble Mr. Speaker

1238

JOURNAL OP THE HOUSE,

On the adoption of the Resolution, the ayes were 139, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 253. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Title 13, known as the "Bank ing Law", so as to change the minimum capital stock requirements in applications for new charters; to change the fee for filing an application with the Secretary of State for a bank Charter; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Title 13, known as the "Bank ing Law" of Georgia, as amended, so as to change the minimum capital stock requirements in applications for new charters; to change the minimum number of directors of banks; to provide for exceptions; to change the fee for filing an application with the Secretary of State for a bank charter; to remove certain provisions relating to trust company powers; to change the fee for examining and investigating an applica tion for a bank charter; to change the fee for amending a bank charter; to change the fee for renewing a bank charter; to change the fee for filing an application with the Secretary of State to convert a regulated certificated bank into a State chartered bank; to clarify the factors to be considered by the Superintendent of Banks when investigating an application to convert a regulated certificated bank into a State Chart ered bank; to change the fee for filing an application with the Secretary of State to consolidate two or more banks; to change the fee for filing an application with the Secretary of State to convert or merge a na tional bank into or with a State bank; to change the fee for filing an ap plication with the Secretary of State to surrender a bank charter and franchise to the State; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 13, known as the "Banking Law" of Georgia, as amended, is hereby amended by striking Code Section 13-901 in its entirety and inserting in lieu thereof a new Code Section 13-901 to read as follows:
"13-901. Application for charter; contents, etc.--Any number of persons not less than five may form a corporation for the pur pose of carrying on the business of banking, by filing in the Office of the Secretary of State an application in writing signed by each of them in which they shall state:

TUESDAY, FEBRUARY 23, 1971

1239

(a) The name by which such bank is to be known.

(b) The particular city, town, or village where its office is to be located.

(c) The amount of its capital stock which shall not be less than fifty thousand ($50,000.00) dollars where located in a town or city whose population does not exceed 7,500 according to the last preceding census of the United States, and not less than one hundred thousand ($100,000.00) dollars where located in a city or town whose population exceeds 7,500 according to said census: Provided, this Section shall not apply to banks whose capital stock is now fixed, so they shall not be required to increase the same.

(d) The number of shares into which such capital stock shall be divided, provided the par value of each share of stock shall be not less than one ($1.00) dollar, provided that, if the par value of each share is other than one hundred ($100.00) dollars, then the par value of such shares shall be stated on the published re ports of such bank.

(e) The purposes and nature of the business proposed to be conducted, with any other matters which they may deem it de sirable to state.

(f) The number of directors of the bank, which shall not be less than five nor more than twenty-five. Provided, however, the provisions of this subsection shall not apply to the Board of Di rectors of any bank comprised of less than five (5) members on July 1, 1971.

Said application shall be filed in triplicate, and a fee of one hundred ($100.00) dollars shall be paid to the Secretary of State to be deposited by him into the Treasury, on filing the applica tion, and the Secretary of State shall not receive said application until said fee shall be paid.

The person filing such application may also acquire all the rights, powers and privileges and immunities, and be subject to all of the liabilities and restrictions conferred and imposed upon trust companies by Code Sections 109-101 to 109-105, 109-201, 109-301, and in addition to the usual banking powers, as conferred and described in this Title, providing such applicants shall allege that at least one hundred thousand ($100,000.00) dollars of capital stock has been subscribed except that such powers may not be exercised until the subscription shall have been paid in."

Section 2. Said Code Title is further amended by striking Code Section 13-904 in its entirety and inserting in lieu thereof a new Code Section 13-904 to read as follows:

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JOURNAL OF THE HOUSE,

"13-904. Information to be Furnished Superintendent by Appli cants.--When such application has been referred to the Superin tendent of Banks he shall call upon the applicants for a statement, showing:

(a) The names and places of residence of the subscribers to the stock of such bank and the number of shares to be held by each.

(b) The names of the stockholders who shall be directors for the first year of the incorporation of said bank.

(c) How and when it is proposed that the capital stock shall be paid in.

(d) When it is proposed that such bank shall commence busi ness.

(e) Such other information as may be desired by the Superin tendent of Banks.

Which statement it shall be the duty of said applicants to fur nish upon request of said Superintendent. Such statement shall be accompanied by an examination and investigation fee of seven hundred and fifty ($750.00) dollars, to be paid by the applicants: Provided, that this fee shall not apply to applications for renewal of charters. The Superintendent shall conduct no examination or in vestigation and shall issue no certificate of approval or disapproval unless such fee is paid."

Section 3. Said Code Title is further amended by striking Code Section 13-1002 in its entirety and inserting in lieu thereof a new Code Section 13-1002 to read as follows:
"13-1002. Application for Amendment.--The bank desiring such amendment shall file in the office of the Secretary of State an application in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of said bank, the date of its original charter, and all amendments thereto, and the particular amendment or amendments to its said charter it desires; and shall pay the Secretary of State a fee of fifty ($50.00) dollars to be deposited by him into the Treasury of the State. Said bank shall also file with said application a certified abstract from the minutes of the stockholders thereof showing that the application for the pro posed amendment has been authorized by a vote of a majority in the amount of the outstanding capital stock at a meeting of the stock holders, called for the purpose of acting thereon, by a resolution of the board of directors, notice of which meeting shall have been mailed to each stockholder, or in case of death, to his legal repre sentative or heirs at law, addressed to his last known residence at least 10 days previous to the date of said meeting: Provided, how ever, if the application is to change the location of its office to a location in another county, then the certified abstract from the minutes shall show that the amendment was authorized by the vote of 90 per cent of the outstanding capital stock of the bank at a

TUESDAY, FEBRUARY 23, 1971

1241

meeting of the stockholders called for the purpose of acting thereon: Provided, however, if the move is from one location to another loca tion in the same county, the consent of only two-thirds of the out standing capital stock will be required."

Section 4. Said Code Title is further amended by striking Code Section 13-1101 in its entirety and inserting in lieu thereof a new Code Section 13-1101 to read as follows:

"13-1101. Application for Renewal--Any bank, whether in corporated by special Act of the General Assembly, or by the Secre tary of State under the general law for the incorporation of banks, may have its charter renewed and its corporate existence extended for a period of thirty years by filing with the Secretary of State at any time within six (6) months prior to the expiration of its charter an application in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of the bank, and when and how incorporated, giving the date of its original charter and all amendments thereto, and pray for a renewal of its charter, and upon filing such application, it shall pay to the Secre tary of State a fee of one hundred ($100) dollars to be deposited by him into the Treasury of the State. Said bank shall also file with said application a certified abstract from the minutes of the stock holders thereof showing that the application for renewal of its char ter has been authorized by a vote of a majority in amount of the entire capital stock of the bank at a meeting of the stockholders, called for the purpose of acting thereon, by resolution of the board of directors, notice of which meeting shall have been mailed to each stockholder, and in case of death to his legal representative, or heirs at law, addressed to his last known residence, at least ten
(10) days previous to the date of said meeting."

Section 5. Said Code Title is further amended by striking Code Section 13-1204 in its entirety and inserting in lieu thereof a new Code Section 13-1204 to read as follows:

"13-1204. Filing of application with Secretary of State; char ter of resulting bank.--When copies of the plan of conversion, to gether with copies of the resolutions of the directors and share holders approving the conversion shall have been filed in the office of the Superintendent of Banks, the converting regulated certifi cated bank shall file in the office of the Secretary of State an application in triplicate signed by its chief executive officer and by a majority of the entire board of directors setting forth the fol lowing :
(a) The name and location of the converting regulated certi ficated bank with the date of its original certificate and all amend ments thereto.
(b) The date of the plan of conversion and the dates of the resolutions of the directors and of the shareholders approving the plan of conversion.
(c) The name under which the resulting State chartered bank

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JOURNAL OF THE HOUSE,

intends to do business and the particular city, town or village where its principal office is to be located which shall be the same city, town or village in which the converting regulated certificated bank is located.

(d) The amount of capital stock together with the number and class of shares and the par value thereof evidencing said capital stock.

(e) The number of directors of the resulting State chartered bank.

(f) The purposes and nature of the business to be conducted, with any other matters which it may deem desirable or pertinent to state.

Said converting regulated certificated bank shall pay to the Secretary of State at the time of filing said application a fee of one hundred ($100.00) dollars to be deposited by him into the Treasury of the State.

The resulting State chartered bank may also acquire all the rights, powers, privileges and immunities and be subject to all the liabilities and restrictions conferred and imposed upon trust com panies under Title 109 in addition to the usual banking powers as conferred and described in Title 13. Provided, the resulting State chartered bank shall have capital stock actually paid in of at least one hundred thousand ($100,000.00) dollars.

Immediately upon filing the said application the Secretary of State shall transmit one copy thereof to the Superintendent of Banks. Upon the filing of said application with the Superintendent of Banks, he shall make or cause to be made a careful investiga tion and examination relative to the factors enumerated in Code Sections 13-904 and 13-905. The Superintendent of Banks shall exercise his discretion in his consideration of the application, but the Superintendent of Banks shall not approve the application until he has ascertained to his satisfaction that the applicants have satis factorily met all of the applicable provisions of Code Section 13-905 and such other conditions as may be desired by the Superintendent of Banks. If said application is approved by the Superintendent of Banks, and certificate of such approval is filed by him with the Secretary of State, as provided in Code Section 13-905, the Secretary of State shall issue to the said resulting State chartered bank a certificate under the seal of the State, certifying that the named bank has been converted under the name adopted, and with the capital stock in said application set forth, which certificate shall be the charter of the converted bank; and the Secretary of State shall record the application, the certificate by the Superintendent of Banks approving the same, and his certificate in the order named."
Section 6. Said Code Title is further amended by striking Code

TUESDAY, FEBRUARY 23, 1971

1243

Section 13-1315 in its entirety and inserting in lieu thereof a new Code Section 13-1315 to read as follows:

"13-1315. Filing of Approved Agreement with Secretary of State, Charter of Resulting Bank.--When copies of the plan of con version, or merger, together with copies of the resolutions of the directors and shareholders approving same shall have been filed in the office of the Superintendent of Banks, as hereinbefore provided, the said converting bank, or merging banks, shall file in the office of the Secretary of State an application in duplicate, signed by its or their chief executive officers, and by a majority of the entire board or board of directors, and setting forth the following:

(a) The name and location of the converting bank, or of each of the banks which have been merged or consolidated, with the date of their original charters and all amendments thereto, respectively.

(b) The date of the plan of conversion or merger and the dates of the resolutions of the directors and of the shareholders of the re spective banks approving the said plan of conversion or merger.

(c) The name under which the resulting State bank intends to do business, and the particular city, town or village where its principal office is to be located.

(d) The amount of capital stock, together with the number and class of shares, and the par value thereof, evidencing said capital stock.

(e) The number of the directors of the resulting bank.

(f) The purpose and nature of the business proposed to be conducted, with any other matters which it may seem desirable or pertinent to state.

Said resulting bank shall pay to the Secretary of State at the time of filing said application a fee of $100.00 to be deposited by him into the treasury of the State.

The resulting bank may also acquire all the rights, powers, privileges, and immunities, and be subject to all of the liabilities and restrictions conferred and imposed upon trust companies under Title 109 in addition to the usual banking powers, as conferred and described in Title 13: Provided the resulting bank shall have a capital stock actually paid in of at least $100.00.

Immediately upon filing the said application the Secretary of State shall transmit one copy thereof to the Superintendent of Banks. When said application shall have been approved by the Superintendent of Banks, and certificate of such approval filed by him with the Secretary of State, as provided in Section 13-905, the Secretary of State shall issue to the said resulting bank a certificate under the seal of the State, certifying that the named

1244

JOURNAL OP THE HOUSE,

bank or banks have been converted or merged, as the case may be, under the name adopted, and with the capital stock in said applica tion set forth, which certificate shall be the charter of the converted or merged bank or banks; and the Secretary of State shall record the application, the certificate by the Superintendent of Banks, approving the same, and his certificate, in order named."

Section 7. Said Code Title is further amended by striking the Code Section 13-1403 in its entirety and inserting in lieu thereof a new Code Section 13-1403 to read as follows:
"13-1403. Amendment of Charter.--When such an agreement for merger or consolidation shall have been submitted to and approved by the stockholders of the banks respectively, and copies of the resolutions approving the same shall have been filed in the office of the Superintendent of Banks as hereinbefore provided, the merged or consolidated bank shall file in the office of the Secretary of State an application in duplicate, signed with the name adopted by the said consolidated bank and under its corporate seal, in which it shall state:

(a) The names and locations of the banks which have been merged or consolidated with the dates of their original charters and all amendments thereto, respectively.

(b) The date of the consolidated agreement, and the dates of the approval thereof by the Superintendent of Banks and by the stockholders of the several contracting banks respectively.

(c) The name under which the consolidated bank proposes to do business.

(d) The amount of capital stock of the consolidated bank.

(e) The number of its Board of Directors.

Said bank shall pay to the Secretary of State, at the time of filing said application, a fee of one hundred ($100.00) dollars, to be deposited by him into the Treasury of the State.

Immediately upon filing the application, the Secretary of State shall transmit one copy thereof to the Superintendent of Banks, When said application shall have been approved by the Superin tendent of Banks and certificate of such approval filed by him with the Secretary of State, the Secretary of State shall issue to the consolidated bank a certificate under the seal of the State, certifying that the contracting banks have been merged or consolidated under the name adopted and with the capital stock in said application set forth, which certificate shall be the charter of the consolidated or merged bank; and the Secretary of State shall record the appli cation, the certificate by the Superintendent of Banks approving the same, and his certificate, in the order named."

TUESDAY, FEBRUARY 23, 1971

1245

Section 8. Said Code Title is further amended by striking Code Section 13-1507 in its entirety and inserting in lieu thereof a new Code Section 13-1507 to read as follows:

"13-1507. Surrender of Charter.--When all amounts due by said bank shall have been paid or provided for as herein provided and all remaining assets shall have been distributed to the stock holders, the bank may file in the office of the Secretary of State an application, in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of the bank, the place where it is located, the date of its original charter, and of all amendments thereto, and the fact that all debts due by the bank have been paid or provided for, and that its assets have been distributed to its stockholders, and that it desires to surrender its charter and franchise to the State. On filing such application, the bank shall pay to the Secretary of State a fee of one hundred ($100.00) dollars to be deposited by him into the State Treasury. Said bank shall also file with said application a certified copy of the resolution of the stockholders approving the surrender of such char ter and franchises, which resolution must be adopted by an af firmative vote of not less than two-thirds (2/3) of all the stock holders at a meeting called for the purpose of taking such action as herein provided."

Section 9. 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 106, nays 0.

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

HB 252. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Title 109, relating to trust companies, so as to change the fee for filing an application to organize a trust company; and for other purposes.

The report 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.

1246

JOURNAL OF THE HOUSE,

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

HB 251. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 13-2013, relating to the limit of loans by banks, so as to provide that the limitation on loans shall not apply to certain loans to any person, firm or corpora tion; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 13-2013, relating to the limit of loans by banks, as amended, so as to provide that the limitation on loans shall not apply to certain loans to any person, firm or cor poration; to impose certain restrictions on such loans; to provide that the total amount advanced to any person, firm or corporation shall not exceed 50 percent of the bank's combined capital stock and surplus; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 13-2013, relating to the limit of loans bjr banks, as amended, is hereby amended by striking Code Section 13-2013 in its entirety and inserting in lieu thereof a new Code Section 13-2013,, to read as follows:
"13-2013. Loans by Bank, Limit of.--No bank shall be allowed to lend to any person, firm or corporation more than 20 percent of its capital and unimpaired surplus; and in the event that a loan, or loans, to any person, firm or corporation, aggregate an amount in excess of 10 percent of the capital and surplus, the entire amount of such loan or loans shall be secured by good collateral or other ample security, and made with the approval of a majority of the directors, or of a committee of the Board of Directors authorized to act, which approval shall be evidenced by the written signature of said directors or the members of said committee. In estimating loans to any person, all amounts loaned to firms and partnerships of which he is a member shall be included; provided, however, that a bank may buy from or discount for any person, firm or corporation, bills of exchange, drawn in good faith against actually existing values, or commercial or business paper actually owned by the per son negotiating the same, in addition to loans directly made to the person, firm, or corporation selling the same, such purchase or dis count not to exceed 20 percent of the capital and surplus, and if in excess of 10 percent of the capital and surplus to be ap proved in writing by a majority of the directors, or by a committee of such Board authorized to act; and provided, that the limit of loans herein fixed shall not apply to bona fide purchases of com mercial or business paper without recourse on the holder or

TUESDAY, FEBRUARY 23, 1971

1247

payee of such paper; and, provided that the limit of loans herein fixed shall not apply to loans made upon the obligation of any person, firm or corporation in the form of notes, or drafts secured by shipping documents, warehouse receipts or other such documents transferring or securing title covering agricultural, manufactured or industrial products, or livestock, having a market value and for which there is ready sale in the open market, when the products are fully covered by insurance if it is customary to insure such prod ucts and where no more than 80 percent of the market value of such products is loaned or advanced thereon. The exemption to the limit herein fixed shall apply only in such cases where the products are stored in a duly licensed and bonded grain elevator, warehouse or other storage facility providing independent storage arrange ments, even though the grain elevator, warehouse or other storage facility is maintained on the borrower's premises, and in no case shall the total amount advanced by any bank to any person, firm or corporation, secured by such products, exceed 50 percent of the
bank's combined capital stock and surplus. In all such cases, a margin of 20 percent between the amount of the loan and the market
value of the products shall at all times be maintained (except where the products are intended for immediate shipment) ; and the bank shall have the right to call for additional collateral when the dif ference between the market value and the amount loaned shall be less than 20 percent, and, in the event of the failure to comply with such demand, to immediately sell all or any part of such products in the open market and pay the amount of the loan and the ex penses of sale, and the balance to the borrower; and provided, that the limit herein fixed shall not apply to loans fully secured by bonds or certificates of indebtedness of the United States, or of this State, or of the several counties, districts, or municipalities thereof which have been duly and regularly validated as provided by law. Liabilities arising to the makers and endorsers of checks, drafts, bills of exchange, received by the bank on deposit, cashed, or purchased by it, shall not in any way be considered as borrowed money or loans; and provided, that the limit herein fixed shall not apply to loans to the extent that such loans are secured or covered by guaranties or commitments or agreements to take over or pur chase made by any Federal Reserve Bank or by the United States or any department, bureau, board or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States if such guaranties, agreements or commit ments are subject to no condition beyond the control of such bank and must be performed by payment of cash or its equivalent within ninety (90) days after demand; provided, that the limit herein fixed shall not apply to the sale of federal or correspondent funds to qualified depositories approved by the Superintendent of Banks; provided, that the limit herein fixed shall not apply to loans to any one county, municipality, or political subdivision of the State au thorized to levy taxes, if such loans are made under the provisions of Article VII, Section VII, Paragraph IV of the Constitution (Sec tion 2-6004), as amended. It shall be the duty of the Superintendent of Banks to order any loans in excess charged to profit and loss, provided in his opinion such excess is not well secured; and if such reduction shall not be made within thirty (30) days after such notification, to proceed as in other cases provided for violation of the orders of the Superintendent."

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JOURNAL OF THE HOUSE,

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Connell
Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon

Dorminy Drury Edwards Egan Parrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat Grahl Grantham Greer Gunter Ham Hamilton Harrington Harris Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan King Knowles Kreeger Lambert Lane, Dick Lane, W. J.

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pickard Pinkston

TUESDAY, FEBRUARY 23, 1971

1249

Potts Rainey Reaves Ross Rush Russell, A. B. Russell, W. B. Savage Shanahan Shepherd

Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson Toles

Triplett Tripp Turner Ware Westlake Whitmire Williams Wilson Wood

Voting in the negative were Messrs. Carr and Howell.

Those not voting were Messrs.:

Barfield Bennett, Tom Black Bray Collins, M. Colwell Conger Cook Dailey Dean, J. E. Dean, N. Evans Ezzard Granade

Griffin Hadaway Harrison Hawes Hood Jones, Herb Keyton Knight Lewis Longino Moore Phillips, L. L. Poole Roach

Russell, H. P. Salem Scarborough Stephens Strickland Thomason Townsend Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 2.

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

The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:

HB 138. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend the "Insurance Premium Finance Company Act", so as to provide that when a financed insurance contract is cancelled, the insurer shall file with the agent, agency or broker plac ing the insurance, a report setting forth an itemization of the earned and unearned premiums under such policy; and for other purposes.

The following Senate amendment was read:

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JOURNAL OF THE HOUSE,

The Senate Committee on Banking and Finance moves to amend HB 138 as follows:

By striking from Lines 6, 17 and 20 on Page 1 the words "earned and".

And, by striking from Lines 14 and 17 on Page 2 the words "earned and".

Mr. Ware of the 30th 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, Tom Berry, C. E. Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burrusa Busbee Can-
Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D.

Coney, J. L. Connell
Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Ham Harrington Harris Hays Hill, G. Horton Housley

Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles

Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.

TUESDAY, FEBRUARY 23, 1971

1251

Pickard Pinkston Poole Potts Rainey Reaves Ross Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow

Sorrells Stephens Strickland Sweat Thompson
Toles
Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Bohannon Bray Collins, M. Colwell Conger Dailey Dean, J. E. Ezzard Felton

Griffin Hadaway Hamilton Harrison Hawes Hill, B. L. Hood Howell Jones, Herb Keyton

Leggett Longino Matthews, D. R. Moore Roach Russell, H. P. Salem Thomason Wamble Mr. Speaker

On the motion, the ayes were 164, nays 0.

The motion prevailed and the Senate amendment to HB 138 was agreed to.
HB 249. By Messrs. Adams of the 100th, Lane of the 101st and Savage of the 104th:
A Bill to be entitled an Act to amend Section 92-6911 of the Code of Georgia, so as to provide for the method of giving notice to any tax payer of any changes made in his return; and for other purposes.

The following Senate amendment was read:

The Senate Committee on Banking and Finance moves to amend HB 249 as, follows:

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JOURNAL OP THE HOUSE,

By striking the last sentence of subsection (a) of quoted Code Sec tion 92-6911 of Section 1 in its entirety and inserting in lieu thereof a new last sentence of subsection (a) of quoted Code Section 92-6911 of Section 1 to read as follows:

"If the notice is sent through the United States mails it shall be in such form and with sufficient postage to qualify the notice as first-class mail; in addition, and with respect to said mail, the board of county tax assessors' return address shall appear in the upper left corner of the mailing face with the direction if not de livered 'Return in 5 days to' above said return address, and the lower left corner of the mailing face shall be clearly marked in bold type--OFFICIAL TAX MATTER."

By striking Section 2 in its entirety and inserting in lieu there of 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."

Mr. Adams of the 100th moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss

Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

Dixon Dorminy Drury Edwards Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Ham Hamilton Harrington Harris Hays

TUESDAY, FEBRUARY 23, 1971

1253

Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell

McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross

Rush Russell, A. B. Russell, W. B.
Salem Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett, Tom Brown, B. D. Colwell Conger Dailey Egan Evans Ezzard Griffin Hadaway

Harrison Hawes Hood Howell Jessup Jones, Herb Keyton Leggett Longino Matthews, D. R. Moore

Murphy Reaves Russell, H. P. Sims Thomason Townsend Wamble Mr. Speaker

On the motion, the ayes were 164, nays 0. The motion prevailed and the Senate amendment to HB 249 was agreed to.

1254

JOURNAL OF THE HOUSE,

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to be entitled an Act to amend an Act approved February 28, 1955 (Georgia Laws 1955, page 268), so as to increase the excise tax on cigarettes; to impose an excise tax on cigarettes held or possessed by every dealer or distributor of cigarettes on the effective date on this Act; and for other purposes.

The following Senate amendments were read:

Senators Reynolds of the 48th and London of the 50th move to amend HB 123 as follows:
By inserting in Title on line 1 of page 1 and in Section 1 on line 10 of page 1, following the words "An Act" the following:
"relating to cigar and cigarette taxes,".
By striking, wherever the same shall appear, from Section 1, follow ing the word "Cigarettes:", the following:
"ten cents per pack",
inserting in lieu thereof the following:
"twelve cents per pack".

The Senate Committee on Banking and Finance moves to amend HB 123 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

Section 2. Said Act is hereby further amended by adding a new subsection following subsection (a) of Section 3, to be designated sub section (aa) of Section 3, to read as follows:

"(aa) There is hereby imposed on every dealer and every dis

tributor of cigarettes who shall have on hand or in his possession

as of 12:01 a.m., on April \, 1971, cigarettes on which tax at the

rate effective prior to April 1, 1971, has been paid or been accrued,

an excise tax on such cigarettes in an amount equal to the differ

ence between the rate of excise tax on such cigarettes effective prior

to April 1, 1971, and the rate effective after that date. Every

dealer and every distributor of cigarettes who shall have on hand

or in his possession as of 12:01 a.m. April 1, 1971, cigarettes on

which the tax at the rate effective prior to April 1, 1971, has been

paid or been accrued, shall take a true inventory of all such

cigarettes on hand or in his possession as of such time, and shall

:

return and ; pay the liability imposed under this subsection in the

TUESDAY, FEBRUARY 23, 1971

1255

manner and within the time, not later than May 1, 1971, prescribed by the Commissioner. The Commissioner shall have the power to. adopt rules and regulations to provide a method or methods, in cluding the sale of additional stamps of a suitable design, by which the tax imposed under this subsection shall be returned and paid! and to insure that the tax hereunder is not evaded."

Mr. Nessmith of the 44th moved that the House disagree to the Senate amendments.

The motion prevailed and the Senate amendments to HB 123 were disagreed to.

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

HB 56. By Messrs. Brown, Scarborough, Pinkston and Bennett of the 81st, Miller of the 83rd and Coney of the 82nd: A Bill to be entitled an Act to amend an Act providing the procedures for searches and seizures and for suppression of evidence illegally seized; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to provide that any judge of the superior courts may sign any document connected with the official duties of his office in any county comprising a part of his judicial circuit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Any judge of the superior courts may sign any document connected with the official duties of his office in any county comprising a part of his circuit, including all writs, orders, judgments and war rants required to be signed by any such judge. Said document may be signed by the judge in any county within his circuit in which he is present at the time said document is signed.
Section 2. All laws and parts of laws in conflict with this: Act are hereby repealed.
Mr. Brown of the 81st moved that the House agree to the Senate substitute.

1256

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.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, Tom
Berry Black Blackshear Bond
Bostick Bowen Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards

Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Ham Hamilton Harrington Harris Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Isenberg Jessup Johnson Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey

Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Miller Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom
Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells

Stephens Strickland Sweat Thomason Thompson Toles

TUESDAY, FEBRUARY 23, 1971

1257

Triplett Tripp Turner Vaughn Ware Westlake

Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs :

Bohannon Brantley, H. H. Brantley, H. L. Colwell Conger Dailey Ezzard Griffin Harrison

Hawes Hill, B. L. Hood Hutchinson Jones, Herb Keyton Longino Merritt Moore

On the motion, the ayes were 168, nays 0.

Morgan Pickard Reaves Roach Russell, H. P. Townsend Wamble: Mr. Speaker

The motion prevailed and the Senate substitute to HB 56 was agreed to.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 133-360. By Messrs. Smith, Cole and Turner of the 3rd, Smith of the 43rd, Gary, Lee and Northcutt of the 21st and many others: A Resolution relative to grants to municipalities; and for other pur poses.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HR 133 as follows:
By deleting the words "and Varnell" on line 25, page 1, and in serting in lieu thereof the words "Van Wert, Aragon, and Varnell".

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

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

1258

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Berry Black Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Connell Cook Daugherty Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Drury Edwards Egan Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Gaynor
Geisinger
Gignilliat

Grahl Granade Grantham Greer Gunter Hadaway Ham Hamilton Harrington Harris Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Merritt
Miles
Milford

Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Toles Triplett Tripp Turner Vaughn
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

TUESDAY, FEBRUARY 23, 1971

1259

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, Tom Bowen Brantley, H. H. Brown, S. P. Buck Colwell Coney, G. D. Coney, J. L. Conger Dailey Davis, E. T.

Dean, N. Evans Ezzard Griffin Harrison Hawes Hood Johnson Jones, Herb Keyton Longino McCracken Moore

Noble Pearce Phillips, W. R. Pickard Reaves Russell, H. P. Shepherd Sweat Thompson Townsend Wamble Mr. Speaker

On the motion, the ayes were 156, nays 0.
The motion prevailed and the Senate amendment to HR 133-360 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 362. By Messrs. Harris, Poole and Roach of the 10th: A Bill to be entitled an Act to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner of Bartow County, approved March 17, 1958 (Ga. Laws 1958, p. 2683), as amended, particularly by an Act approved March 1, 1963 (Ga. Laws 1963, p. 2082), an Act approved March 31, 1967 (Ga. Laws 1967, p. 2367), and an Act approved April 15, 1969 (Ga. Laws 1969, p. 2761), so as to change the compensation of the Tax Commis sioner of Bartow County; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act to consolidate the offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner of

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Bartow County, approved March 17, 1958 (Ga. Laws 1958, p. 2683), as amended, particularly by an Act approved March 1, 1963 (Ga. Laws 1963, p. 2082), an Act approved March 31, 1967 (Ga Laws, 1967, p. 2367), and an Act approved April 15, 1969 (Ga. Laws 1969, p. 2761), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 which shall read as follows:

"Section 4. (a) The Tax Commissioner of' Bartow County shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow Coun ty. Effective January 1, 1973, the tax commissioner elected at the last election and taking office on January 1, 1973, aiid each tax com missioner elected thereafter, shall be compensated an additional $400.00 per annum for each prior four-year term he has served as Tax Commissioner of Bartow County. All fees, commissions, costs and all other perquisites collected by the tax commissioner shall be the property of Bartow County, and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the source from which such fees, com missions, costs or other perquisites were collected.

(b) The tax commissioner shall appoint a deputy to assist him in the performance of his duties. The tax commissioner shall also hire two (2) secretaries. The tax commissioner shall employ such additional clerical help as he deems necessary to perform the duties of his office, and as is approved by the governing authority of Bartow County. The compensation of such above named personnel shall be in an amount set by the tax commissioner and as is approved by the governing authority of Bartow County. Such compensation shall be paid in equal monthly installments from the funds of Bar-
tow County."

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Harris of the 10th moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 362 was agreed to.

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

TUESDAY, FEBRUARY 23, 1971

1261

HR 247. By Mr. Buck of the 84th: A RESOLUTION

Creating a committee to study the advisability of creating a State Racing Commission; and for other purposes.
WHEREAS, the cost of furnishing needed services to the citizens of this State continues to rise and the annual appropriations for the opera tion of the State government and the programs administered thereby now amount to well over a billion dollars; and

WHEREAS, education, health, welfare and highways are in need of additional funds and there appears to be no likelihood that the needs involved in those four areas will decrease; and

WHEREAS it is evident that the citizens of this State are over burdened with present taxes and new sources are needed to relieve the taxpayer of the ever-increasing bite out of his paycheck; and
WHEREAS, a large number of states have created state racing commissions for the purpose of supervising horse racing and dog racing in order to bring in additional revenue to the states to be utilized for various state services; and
WHEREAS, it is desirable that all possible new sources of revenue be studied.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the feasibility of creating a State Racing Commission in Georgia. The Committee shall be composed of five members of the House to be ap pointed by the Speaker. The Committee is authorized to work with any similar committee created by the Senate. The Committee shall study the laws and the administration thereof of other states having racing com missions and pari-mutuel betting with a view toward determining whether such should be created and provided for the State of Georgia. The Committee shall study all matters relative to the foregoing, and is authorized to consult with persons knowledgeable in this field and conduct hearings if deemed advisable by the Committee. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 20 days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and avail able to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before December 1, 1971, on which date the Committee shall stand abolished.

HR 248. By Messrs. Phillips of the 50th and Dorminy of the 48th:
A RESOLUTION
Creating the Littering and Solid Waste Disposal Study Committee; and for other purposes.

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WHEREAS, the laws prohibiting littering are not enforced; and

WHEREAS, an investigation should be made to determine what steps need to be taken to obtain enforcement of said laws; and

WHEREAS, there is no regulation of solid waste disposal at the State level at the present time; and

WHEREAS, an investigation should be made to determine what steps should be taken to regulate solid waste disposal; and

WHEREAS, the relationship between the availability of solid waste disposal sites and littering should be investigated.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Littering and Solid Waste Disposal Study Committee to be composed of 5 members of the House of Representatives appointed by the Speaker thereof. It shall be the duty of said Committee to study any matters relative to littering and solid waste disposal with particular emphasis on the en forcement of littering laws, the relationship, if any, between littering and the availability of solid waste disposal sites and the need for regu lating solid waste disposal at the State level.
BE IT FURTHER RESOLVED that each member of the Com mittee shall receive the allowances authorized by law for members of leigslative interim committees but shall not receive same for more than 10 days. The funds necessary to carry out the provisions of this Resolu tion shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations by not later than the date the General Assembly convenes in regular session in January 1972, and on said date, said Committee shall stand abolished.

HR 249. By Messrs. Lane of the 44th, Floyd of the 7th, Harris of the 10th, Murphy of the 19th, Harrington of the 34th, Lee of the 21st and Busbee of the 61st:
A RESOLUTION
Creating the Medicaid Study Committee; and for other purposes.
WHEREAS, it has become evident that the cost of Medicaid to the State of Georgia will reach astronomical heights within the very next few years; and
WHEREAS, the Medicaid program, if continued in its present vein, is almost certain to cause a funding crisis in this State; and

TUESDAY, FEBRUARY 23, 1971

1263

WHEREAS, it is imperative that the members of the General As sembly have a complete and thorough knowledge as to the way such program is operated, the manner in which it is administered, the laws relative thereto, and all other matters on this subject.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the Medicaid Study Committee to be composed of five members of the House to be appointed by the Speaker. The Committee shall study the Medicaid program, its operation, its administration, the laws relative thereto and all other matters relative thereto. The members of the Committee shall receive the allowances authorized by law for legislative members of interim legis lative committees but shall receive the same for not more than 15 days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government. The committee shall make a report of its find ings and recommendations on or before December 1, 1971, on which date the Committee shall stand abolished.

The following Resolutions of the House were read and adopted:

HR 250. By Messrs. Cook of the 95th, Vaughn of the 74th and Smith of the 43rd:
A RESOLUTION
Expressing regrets at the passing of Honorable William B. Hartsfield ; and for other purposes.
WHEREAS, Honorable William B. Hartsfield, Mayor Emeritus of the City of Atlanta, passed away on February 22, 1971; and
WHEREAS, he was born in Atlanta on March 1, 1890; attended Boys High School; studied law and passed the State Bar examination in 1917; and
WHEREAS, he served as Alderman of Atlanta from 1922 to 1928; and served in the House of Representatives from 1933 until 1937; and
WHEREAS, he was elected Mayor of Atlanta in 1936, and, with the exception of one year, served as Mayor until his retirement in 1962, which is a record for Mayors of large cities; and
WHEREAS, he was the moving, dynamic force behind the establish ment of the Atlanta Airport, and throughout his long career built it into the third busiest airport in the United States; and
WHEREAS, he was more responsible for making Atlanta the great City it now is than any other one person, and he and the City of At lanta became great together; and
WHEREAS, he had an abiding love for his native City, and often times incurred the wrath of others in order to accomplish objectives which, due to his keen foresight, he knew would be beneficial to the City of Atlanta; and

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WHEREAS, his leadership, his dynamic personality and his unques tioned ability to accomplish tangible results will be sorely missed, not only by the citizens of Atlanta but by the citizens of the entire State of Georgia and the nation; and

WHEREAS, he is survived by his wife, a daughter, Mrs. Mildred Cheshire of Atlanta and two sons, William of Philadelphia and Carl of Atlanta.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest regrets are hereby expressed at the passing of Honorable William B. Hartsfield and the profound sympathy of all the members of this body is hereby extended to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the members of Mr. Hartsfield's family.

HR 251. By Messrs. Berry and Thompson of the 85th, Buck, Pearce and Pickard of the 84th and Davis and King of the 86th:
A RESOLUTION
Expressing sympathy at the passing of the Honorable William Clyde Woodall; and for other purposes.
WHEREAS, on Thursday, February 18, 1971, the State of Georgia lost one of its most distinguished and outstanding citizens and journalists in the passing of the Honorable William Clyde Woodall, of Columbus, Georgia; and
WHEREAS, he was born on January 9, 1878, in Talbot County, Georgia, and attended public schools in Columbus; and
WHEREAS, he started in newspaper work when he was 14 years old as a carrier for The Columbus Ledger and served as a reporter for The Ledger, the city editor of The Enquirer-Sun, owner of The Sun. Herald, part owner of the Industrial Index, publisher of The Phenix Progress, editor of the Harris County Journal, author of a column "Among Us Georgians" for the Sunday edition of The Atlanta Constitu tion; and
WHEREAS, he was one of the founders of Woodall Press and sub sequently became vice president of the Highway Map Publishing Com pany of Columbus; and
WHEREAS, he served as a member of the Board of Education of the City of Columbus and the Muscogee County School District Board, having served for nearly 15 years as vice president of the two Boards; and

TUESDAY, FEBRUARY 23, 1971

1265

WHEREAS, he was a former president of the Historical Society of Columbus, a former director of the Columbus Chamber of Commerce and the Georgia-Alabama Council of the Boy Scouts of America, and a former member of the Columbian Lodge of Masons, the Columbus Execu tives Club, the Columbus Rotary Club and the Columbus 13 Club, and was an honorary life member of the Muscogee Education Association; and

WHEREAS, he was a dedicated husband and the devoted father of five outstanding children; and

WHEREAS, the many contributions which the Honorable William Clyde Woodall has made to his community and state and his keen under standing and insight of his community and State will be sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the passing of the Honorable William Clyde Woodall and do hereby extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the family of the Honorable William Clyde Woodall.

HR 252. By Messrs. Roach of the 10th, Edwards of the 45th, Thompson of the 85th and Harrison of the 58th:
A RESOLUTION
Expressing appreciation to Mr. Sammie D. Bradley; and for other purposes.
WHEREAS, Mr. Sammie D. Bradley is the Assistant Director in Charge of Industries of the Texas Department of Corrections; and
WHEREAS, he conducted members of a subcommittee of the Geor gia House of Representatives on an inspection tour of the Texas prison industries system; and
WHEREAS, he devoted his time, energy and ability to insure that said inspection tour was a complete success; and
WHEREAS, he has a vast prison industry system under his control and direction which is operated with remarkable efficiency and effec tiveness; and
WHEREAS, said prison industry system under his direction not only serves an important function in the rehabilitation of prisoners but also saves the taxpayers of Texas millions of dollars.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their sincere appreciation to Mr. Sammie D. Bradley of the Texas De partment of Corrections for his excellent cooperation in conducting the members of a subcommittee of this body on an inspection tour of the Texas prison industries system, and the members of this body do hereby commend him for his outstanding ability in operating one of the finest prison industry systems in the United States.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. Sammie D. Bradley, Assistant Di rector in Charge of Industries, Texas Department of Corrections and to Dr. George J. Beto, Director, Texas Department of Corrections.

HR 253. By Messrs. Ham of the 33rd and Hawes of the 95th:
A RESOLUTION
Expressing sympathy at the passing of Dr. Paul B. Han; and for other purposes.
WHEREAS, Dr. Paul B. Han, Professor of Industrial Management at Georgia Tech passed away on Wednesday, February 17, 1971; and
WHEREAS, Dr. Han, a native of Korea, had been at Georgia Tech since 1958 as a professor and project director for research on improving "Payments Mechanism", and had served as a project management spe cialist at the Marshall Space Flight Center during the summer of 1966; and
WHEREAS, Dr. Han attended Seoul National University, earned his bachelor of business administration degree from Emory University, earned his Ph.D. in economics and mathematics from Duke University, and did post-doctoral work at Massachusetts Institute of Technology; and
WHEREAS, at Georgia Tech, Dr. Han advanced from assistant economist in the Industrial Development Division of the Institution to a full professorship in the School of Industrial Management at the time of his death; and
WHEREAS, Dr. Han was a member of the Econometric Society, the American Economic Association, the Southern Economic Association, the Institute of Management Science, and the Beta Gamma Sigma Honorary Society; and
WHEREAS, the untimely death of Dr. Han has deprived the State of Georgia of one of its most outstanding and distinguished citizens.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body expresses its deepest regrets at the passing of Dr. Paul B. Han and extends its deepest sympathy to the members of his family.

TUESDAY, FEBRUARY 23, 1971

1267

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to the family of Dr. Paul B. Han.

HR 254. By Messrs. Dean and Mason of the 13th, Smith of the 43rd, Murphy of the 19th, Brantley of the 52nd, Nessmith and Lane of the 44th and many others:
A RESOLUTION
Expressing regret at the passing of Honorable Thomas Olin Watson; and for other purposes.
WHEREAS, on January 30, 1971, Honorable Thomas Olin Watson passed away; and
WHEREAS, he was a native of Lawrenceville, Georgia, in Gwinnett County and highly respected member of his community; and
WHEREAS, he served with distinction as a member of the House of Representatives from Gwinnett County during 1965 and 1966; and
WHEREAS, he was a prominent businessman and active in religious and civic affairs of his community; and
WHEREAS, he is survived by his wife, Mrs. Betty Jane Watson, and three daughters, Shirley Jane, Lanita Ann and Mary Lynn.
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 Thomas Olin Watson and extend their sincerest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the family of Honorable Thomas Olin Watson.

HR 255. By Messrs. Greer of the 95th, Phillips of the 29th and Lewis of the 37th:
A RESOLUTION
Wishing a speedy recovery for Honorable Walter R. McDonald; and for other purposes.
WHEREAS, Honorable Walter R. McDonald, member of the Public Service Commission, is confined to the hospital due to a serious illness; and

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WHEREAS, he was a member of this body from 1917 until 1922, at which time he was elected to the Georgia Public Service Commission where he has served continuously since that time; and

WHEREAS, he served as Chairman of the Commission from 1937 until 1949, and was elected in 1970 to his ninth six-year term on the Commission; and

WHEREAS, he has performed an outstanding job in this most im portant capacity and is recognized and acknowledged as an expert in the field of utility regulation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest regrets are hereby expressed at the illness of Honorable Walter R. McDonald, and all the members of this body extended their heartfelt wishes for his speedy recovery and his return to the duties of his office.

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 Honorable Walter R. McDonald.

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 220. By Messrs. Greer, Felton, Hawes, Cook and Horton of the 95th, Egan of the 116th, Gary of the 21st, Mrs. Hamilton of the 112th, Messrs. Marcus of the 105th, Bond of the llth and Alexander of the 108th:
A Bill to be entitled an Act to amend The Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to authorize certain local govern ments to levy a retail sales and use tax under certain circumstances; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243) as amended, par ticularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), so as to authorize certain local governments to levy a retail sales and use tax under certain circumstances; to provide the rate therefor; to provide for all other matters relative to the foregoing; to provide for the proper administration and enforcement of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

TUESDAY, FEBRUARY 23, 1971

1269

Section 1. An Act known as "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), authorized by the provisions of Article XVII, Section I, of the Constitution of the State of Georgia, is hereby amended by re numbering Sections 25 and 26 as Sections 26 and 27, and by inserting a new Section 25 which shall read as follows:

"Section 25. Authorization to Levy a Retail Sales and Use Tax.

(a) Authority to Tax. Each of the local governing bodies of those local governments referred to and defined in Section 2 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243) as amended, which shall hereafter pursuant to the provisions of said Act enter into a rapid transit contract with the Metropolitan Atlanta Rapid Transit Authority that has become final and binding upon its local government by compliance with the provisions of Section 24 of said Act and approval of the voters as therein required, shall be authorized to levy a retail sales and use tax upon the retail purchase, retail sale, rental, storage, use or consumption of tangible personal property, and the services de scribed and set forth in Ga. L. 1951, p. 360, as amended, on sales, uses and services rendered, in the geographical area governed by such local government. Provided, however, the tax herein autho rized shall not be levied by any local government unless the same is also levied in the geographical areas of Fulton and DeKalb Counties. No use tax shall be imposed on tangible personal prop erty purchased within this State outside of the geographical area wherein the tax authorized by this Section may be imposed for use in the geographical area wherein the tax is imposed. The tax imposed shall correspond, so far as is practicable, except as to rate, with the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, and as it may be from time to time amended.

(b) Rate of Tax. The tax when levied shall be at the rate of one (1%) per cent. Said tax shall be added to the State Sales and Use Tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropri ate rules and regulations to collect the tax herein imposed in the areas affected.

(c) Administration. Any sales and use tax levied pursuant to this Act shall be administered and collected solely by the State Revenue Commissioner in the same manner and subject to the same penalties provided for in the Georgia Retailers' and Con sumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as now or hereafter amended. No variance shall be permitted between the state and the local tax, except as to rate. The vendor's responsibility shall be to the State Revenue Commissioner and not to the local governments participating in this tax levy. The local governments shall be prohibited from mak-

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ing sales tax audits. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of pay ment. The rate of the deduction shall be at the same rate autho rized for deductions from State Tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as now or hereafter amended.

(d) Special Fund. All sales tax monies collected by the State Revenue Commissioner under this Act shall be paid to the State Treasurer to the credit of a special fund which is hereby created on the books of the State Treasurer under the name 'Collection of Metropolitan Atlanta Rapid Transit Authority Taxes', and such local sales tax money shall be credited to the account of each local government in which the local sales and use taxes are collected under this Act. The basis of such credit shall be the point of sale or use as shown by the records of the State Revenue Commis sioner, except that any credit within the territorial limits of a city which is a party to a rapid transit contract as defined in Sec tion 24 of said Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, shall be credited to said city government, and not to the county or counties in which said city may lie.

(e) Penalties and Interest. All penalties and interest collected under the provisions of this Act on sales and use tax assessments shall be prorated between the State and the local governments on such basis as may be prescribed by the State Revenue Commis-

(f) Distribution of Funds. As soon as practicable after the local sales and use tax monies have been paid into the State Treas ury in any month for the preceding month, the State Treasurer shall draw his warrant on the State Treasury in the proper amount in favor of each local government entitled to the monthly return of its local sales and use tax monies, and such payment shall be charged to the account of each local government under the special fund created by this Act. Any errors made in any such payments or any adjustments otherwise necessary, whether attributable to refunds to taxpayers or by some other fact, shall be corrected and adjustments shall be made in such payments for the next month or subsequent months.
(g) Rules and Regulations. The State Revenue Commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this Act or other laws, or the Constitution of this State or the United States for the ad ministration and enforcement of the provisions of this Act and the collection of revenues hereunder.
(h) Forms. The State Revenue Commissioner shall utilize the forms used for sales and use tax returns and for the payment of State Sales and Use Taxes, and shall add appropriate forms for the use of those persons with the responsibility of collecting the tax levied pursuant to this Act.

TUESDAY, FEBRUARY 23, 1971

1271

(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in contracts entered into with the Metro politan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended.

(j) Effective Date of Tax. The effective date of the tax au thorized by this Act shall be the first day of the first calendar month which begins more than ninety (90) days after the action of the local governing body levying the tax referred to in Subsec tion (a) of Section 25 of this Act unless a later effective date shall have been specified by such local governing body in levying the tax."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:

Mr. Jordan of the 74th moves to amend the Committee substitute to HB 220 as follows:
By inserting in Section 1 in the material quoted as subsection (i) of Section 25 beginning on line 4 of page 5 of said Bill, the following:
"In the event that the Metropolitan Atlanta Rapid Transit Authority shall purchase the Atlanta Transit System, the fares imposed by such System shall not be less than twenty (20) cents per passenger per trip."

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

Those voting in the affirmative were Messrs.:

Bohannon Cole Collins, S. Dean, Gib Drury Ezzard Parrar Ployd, J. H. Floyd, Lu R. Ham Harris

Hill, G. Hudson, C. M. Jones, J. R. Jordan King Knowles Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett

Moore Nessmith Northcutt Oxford Patterson Rush Scarborough Smith, H. R. Stephens Sweat Westlake

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Those voting in the negative were Messrs.

Adams, G. D. Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Blackshear Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Collier Coney, G. D. Connell Cook Daugherty Davis, E. T. Dean, J. E. Dean, N. Dixon Dorminy Egan Evans

Felton Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Hamilton Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Keyton Knight Kreeger Lambert Lane, Dick Larsen, W. W. Levitas Lewis Logan Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDonald Melton Merritt Miller Morgan Moyer Mulherin

Mullinax
Murphy Noble Nunn Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Ross Russell, A. B. Russell, W. B. Salem Savage Shanahan Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Strickland Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson

Those not voting were Messrs.:

Bennett, Tom Bowen Brantley, H. L. Collins, M. Colwell Coney, J. L.

Conger Dailey Davis, W. Dent Edwards Granade

Griffin Gunter Hadaway Harrington Harrison Jessup

TUESDAY, FEBRUARY 23, 1971

1273

Johnson Jones, Herb Longino Lowrey
Matthews, D. R. McDaniell

Miles Milford Odom Roach
Russell, H. P. Shepherd

Wamble Williams Wood Mr. Speaker

On the adoption of the amendment, the ayes were 33, nays 128.
The amendment was lost.
The following amendments were read and adopted:
Messrs. Murphy of the 19th, Greer of the 95th and Egan of the 116th move to amend the Committee substitute to HB 220 as follows:
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. State Appropriations. After the tax herein autho rized becomes effective as in Section 1 provided, the State of Geor gia shall not appropriate any funds to the Metropolitan Atlanta Rapid Transit Authority. This provision shall not prevent the State from contracting with said Authority for services, nor from grant ing to said Authority easements, rights of ways and leasehold in terests in and through State property."
By adding to the caption in line 8 the words "to limit State ap propriations."
Messrs. Murphy of the 19th, Greer of the 95th and Egan of the 116th move to amend the Committee substitute to HB 220 as follows:
By adding at the end of Subsection (f) of Section 1 of quoted Sec tion 25 the following:
"The amount due each local government shall be reduced by the amount of costs incurred by the Department of Revenue in ad ministration and collection of the local tax. The amount of costs of the Department shall be certified by the State Revenue Commis sioner to the State Treasurer who shall deduct such amount from the amount due the local governments. The amount deducted shall be deposited by the State Treasurer in the State Treasury to the credit of the General Fund."
By adding at the end of Subsection (j) of Section 1 the follow ing:
"provided that with respect to services which are regularly

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billed on a monthly basis, the tax shall become effective with the first regular billing period coinciding with or following the effective date of the tax as herein specified."

An amendment, offered by Mr. Northcutt of the 21st, was read and lost.

The following amendment was read:

Mr. Nessmith of the 44th moves to amend the Committee substitute to HB 220 as follows:
By inserting in the third sentence of subsection (a) of quoted Sec tion 25 of Section 1 between the word, "No" and the word "use" the words "sales and" and by inserting a new sentence in said subsection between the 3rd and 4th sentences thereof to read as follows:
"Tangible personal property purchased by mail order by pur chasers who reside outside the geographical area wherein the tax authorized by this Section may be imposed, and tangible personal property purchased through branch or outlet stores located outside such geographical area shall not be subject to the tax authorized by this Section even though the property puchased by mail order or through a branch or outlet store may be shipped or otherwise delivered to the purchaser from a location within such geographical

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

Those voting in the affirmative were Messrs.:

Alien Bohannon Brantley, H. L. Burruss Carr Chance
Chandler
Cheeks
Cole Collins, M.
Davis, E. T.
Dean, N. Felton
Gaynor

Ham Harris Howell Knowles Lane, W. J. Matthews, D. R.
Mauldin
Merritt
Miles Milford
Moore
Morgan Nessmith

Northcutt Oxford Phillips, L. L. Phillips, W. R. Rainey Rush
Salem
Sims
Smith, H. R. Sweat
Wheeler, Bobby
Williams

TUESDAY, FEBRUARY 23, 1971

1275

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom Berry Black Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carter Chappell Clements Collier Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Drury
Edwards Egan Evans Ezzard

Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hamilton Hawes Hays Hill, B. L. Hill, G. Horton Housley Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jones, J. R.
Jordan Keyton Knight Kreeger Lambert
Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Marcus Mason Matthews, C. Maxwell McCracken McDonald

Melton Miller Moyer Mulherin Mullinax
Murphy Noble Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Pickard Pinkston Poole Potts Reaves Roach Ross Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Sherman Smith, V. T. Snow Sorrells Stephens Strickland Thomason Thompson Toles Townsend Triplett Turner Vaughn Ware Westlake Wheeler, J. A. Wilson

Those not voting were Messrs.:

Bostick Bowen Colwell Dailey Gunter

Hadaway Harrington Harrison Hood Howard

Jessup Johnson Jones, Herb King Leggett

1276
Longino Lowrey McDaniell Russell, H. P.

JOURNAL OF THE HOUSE,

Shepherd Smith, J. R. Tripp Wamble

Whitmire Wood Mr. Speaker

On the adoption of the amendment, the ayes were 39, nays 130.

The amendment was lost.

An amendment, offered by Mr. Egan of the 116th, was read and withdrawn by unanimous consent.

An amendment, offered by Mr. Farrar of the 77th, was read and lost. An amendment, offered by Mr. Hill of the 97th, was read and lost.

An amendment, offered by Mr. King of the 86th, was read and lost.

The following amendment was read:

Mr. Floyd of the 7th moves to amend the Committee substitute to HB 220 by adding 1% local option sales tax on advertisement to be applied only to rapid transit.

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

Those voting in the affirmative were Messrs.:

Berry Bohannon Bostick Buck Carr Chandler Chappell Cheeks Collier Collins, M. Davis, E. T. Davis, W. Dorminy Farrar

Floyd, J. H. Floyd, L. R. Harris Hill, G. Jessup King Knowles Lane, W. J. Larsen, G. K. Mason Matthews, D. R. Maxwell Miles Milford

Moore Morgan Nessmith
Northcutt Pearce Peters Phillips, W. R. Pickard Rainey Ross Shanahan Sherman Sweat Thomason

TUESDAY, FEBRUARY 23, 1971

1277

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell
Bennett, J. T. Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss
Busbee Carter Chance Clements Cole Collins, S. Coney, G. D.
Coney, J. L. Conger Connell Cook Daugherty Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard Felton

Fraser Gary Gaynor Geisinger Cignilliat
Grahl Granade Grantham Greer Griffin Ham Hamilton Hawes Hays Hill, B. L. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Keyton Knight Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Logan Marcus Matthews, C. Mauldin McCracken McDaniell McDonald Melton Merritt Miller

Moyer Mulherin Mullinax Murphy Noble Nunn Odom Oxford Patterson Patten Phillips, G. S. Phillips, L. L.
Pinkston Poole Potts Roach Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Thompson Toles Townsend Triplett
Tripp Turner Vaughn Ware Wheeler, Bobby Whitmire Williams Wilson

Those not voting were Messrs.:

Bennett, Tom Black Bowen Brantley, H. L. Colwell Dailey Gunter Hadaway Harrington Harrison

Hood Howell Johnson Jones, Herb
Jones, J. R. Jordan Lee, W. J. (Bill) Longino Lowrey Reaves

Russell, H. P. Shepherd
Smith, J. R. Wamble Westlake Wheeler, J. A. Wood Mr. Speaker

1278

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 42, nays 125.

The amendment was 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:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole

Collier Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Ham Hamilton

Harrington Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Marcus Mason Matthews, C. Matthews, D. R. Maxwell

McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn Odom Oxford Patterson

TUESDAY, FEBRUARY 23, 1971

1279

Patten Pearce Peters Phillips, G. S. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shananhan Shepherd

Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wilson

Those voting in the negative were Messrs.

Black, Dean, Gib Floyd, J. H. Harris Hill, G.

King Lane, Dick Lane, W. J. Mauldin Morgan

Nessmith Smith, J. R. Sweat Whitmire Williams

Those not voting were Messrs.:

Bowen Collins, M. Colwell Dailey Granade Gunter Hadaway Harrison

Johnson Jones, Herb Longino Lowrey Phillips, L. L. Phillips, W. R. Rainey

Russell, H. P. Wamble Ware Wheeler, J. A. Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 15.

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

Mr. Rainey of the 47th stated that he had been called from the floor of the House when the roll was called on HB 220, by substitute, as amended, and wished to be recorded as voting "nay".

1280

JOURNAL OF THE HOUSE,

HB 219. By Messrs. Greer, Pelton, Hawes, Cook and Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Gary of the 21st, Bond of the lllth, Alexander of the 108th and Marcus of the 105th:

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 provide for the levy of a local option sales and use tax for rapid transit purposes in certain counties and 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Can-
Carter Chance Chandler Chappell

Cheeks Clements Cole Collier Collins, M. Collins, S. Coney G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W.
Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Parrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger

Gignilliat Grahl Grantham Greer Griffin Ham Hamilton Harrington Harris Hawes Hays Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J.

TUESDAY, FEBRUARY 23, 1971

1281

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Moore Merritt Miles Miller Morgan Moyer Mulherin Mullinax Murphy

Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Potts Rainey Reaves Roach Ross Rush Russell, W. B. Salem Savage Scarborough Shanahan

Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Turner Vaughn Ware Westlake Wheeler, Bobby Whitmire Williams Wilson

Those not voting were Messrs.:

Colwell Dailey Granade Gunter Hadaway Harrison Hill, B. L. Hill, G.

Lewis Longino Lowrey McDonald Milford Phillips, W. R. Poole Russell, A. B.

Russell, H. P. Tripp Wamble Wheeler, J. A. Wood Mr. Speaker

On the passage of the Bill, the ayes were 173, nays 0.

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

Messrs. Lewis of the 37th and Hill of the 94th stated they had been called from the floor of the House when the roll was called on HB 219, and wished to be recorded as voting "aye".

1282

JOURNAL OF THE HOUSE,

Mr. Levitas of the 77th requested that the following appear in the Journal:

House of Representatives Atlanta, Georgia February 22, 1971

Honorable Geo. L. Smith, II Speaker House of Representatives State Capitol Atlanta, Georgia 30334

Dear Mr. Speaker:

I request a leave of absence on Wednesday, February 24, 1971, due to a pressing personal matter.
Very truly yours,
Elliott H. Levitas
Representative, DeKalb County

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.

WEDNESDAY, FEBRUARY 24, 1971

1283

Representative Hall, Atlanta, Georgia Wednesday, February 24, 1971

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. Felix Turner, Pastor, Bull Street Baptist Church, Savannah, Georgia.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Drury Edwards Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Housley Howard

Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan

1284
Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. E. Pickard

JOURNAL OF THE HOUSE,

Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims

Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Toles Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 24, 1971, and submits the following:

HB 19.

Criminals Trials, Accused Testify

HB 20.

Criminal Cases, State's Right to Appeal

WEDNESDAY, FEBRUARY 24, 1971

1285.

HB 30.

Retirement System, Credit for Service

HB 110.

Board of Electrical Contractors, Create

HB 111.

G.B.I. Division of the Department of Law

HB 124.

Georgia Military Forces, Pay

;

HB 222.

Cities and Counties, Joint Planning Commissions

HB 337.

Election, Elector's Qualifications

HB 345.

Atlanta Judicial Circuit, Additional Judges

HB 360.

Medical Records, Admissible Evidence

.

HB 372.

Blood and Tissue Banks, Clinical Laboratory

HB 374.

Mentally 111, Notice by Mail be Registered

HB 375.

Mentally 111, Taken into Custody

HB 424.

Misdemeanor, Reduce Number of Jurors

HR 144-425. Misdemeanor Cases, Jury

HB 451.

Income Tax, Medical Care

HB 470. Automobile Safety Standards

HB 472.

Counties and Cities, Levy Excise Taxes

.

HB 475.

Elective Official, Offer for Another Office

HB 509.

Vehicles, Highways, Length and Width

HB 527. Architects, Fees for Examination

HR 177-530. Code of Georgia, Relative to

HB 535.

Employment of Children Under 14 years

HB 591.

Grounds for New Trials, Cross Examination

HB 599.

Criminal Cases, Nolle Prosequi, Verdicts

HB 631. Counties, Establish Law Library

HR 225-687. Sales Tax, Tangible Property Purchased Out of State

HR 226-687. Sales Tax, Holy Bibles and Testaments

HR 227-687. Sales Tax, Tangible Property, Hospitals

HR 228-687. Sales Tax, Transit System

HR 229-687. Wine Taxes, Used for Churches

SB 2

Athletic Commission, Create

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

1286

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 764. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 56-32, relating to property insurance, so as to provide the circumstances under which the amount of insurance set forth in certain insurance policies shall be taken conclusively to be the value of the property insured; and for other purposes.
Referred to the Committee on Insurance.

HB 765. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Section 56-2430.1, relating to the cancellation of certain insurance policies, so as to change certain definitions; and for other purposes.
'Referred to the Committee on Insurance.

HB 766. By Messrs. Atherton of the 117th and Busbee of the 61st:
A Bill to be entitled an Act to provide an alternative method, cumula tive to existing methods for extending municipal boundaries of munici palities having a population of 50,000 or more persons, to provide stand ards and conditions under which such method shall be applicable; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

HB 767. By Mr. Ployd of the 7th:
A Bill to be entitled an Act to amend an Act imposing a tax upon the sale, use or disposition of cigars and cigarettes within this State, so as to provide that the taxes imposed by this Act shall not be levied with respect to the purchase or use of cigars or cigarettes which are pur chased for the patients of the Georgia War Veterans' Home and the Georgia War Veterans' Nursing Home; and for other purposes.
Referred to the Committee on Ways and Means.

HB 768. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to require members of the General Assembly to file notice of their absence upon sessions of the General Assembly due to speaking engagements; to require such notices to contain certain information; and for other purposes.
Referred to the Committee on State of Republic.

WEDNESDAY, FEBRUARY 24, 1971

1287

HB 769. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the employ ment of a secretary for the sheriff's office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 770. By Messrs. Dorminy and Hudson of the 48th: A Bill to be entitled an Act creating a Small Claims Court in each county in this State having a population of not less than 8,750 and not more than 8,950; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 771. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to increase the compen sation of the deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 772. By Messrs. Jessup and Tripp of the 49th 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, so as to provide for a 12 month permit for loads exceeding the length and width limits involving materials or commodities which can be dismantled or separated; and for other purposes.
Referred to the Committee on Motor Vehicles.

Mr. Jessup of the 49th moved that HB 772 be engrossed.

The motion prevailed and HB 772 was ordered engrossed.

HR 244-772. By Messrs. Jessup and Tripp of the 49th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Pulaski County; and for other purposes.
Referred to the Committee on Special Judiciary.

1288

JOURNAL OF THE HOUSE,

HB 773. By Messrs. Turner, Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Chatsworth, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 774. By Messrs. Turner, Cole and Smith of the 3rd:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Murray County; and for other purposes.
Referred to the Committee on State Planning & Community affairs--Local Legislation.

HB 775. By Messrs. Larsen of the 113th, Davis of the 86th, Westlake of the 75th, Geisinger and Collins of the 72nd and Stephens of the 103rd:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt motor fuels from the tax levied by said Act; and for other purposes.
Referred to the Committee on Ways and Means.
HB 776. By Messrs. Levitas, Russell, Farrar and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to provide for an addi tional member of the Board of Education of the City of Decatur; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 777. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the ordinary of Candler County, so as to increase the supple mental salary of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 778. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to provide that a taxpayer who has a piece of property extending into more than one County shall be entitled to pay all property taxes due on said property to the tax collector in the county where the majority of the property is located; and for other purposes.
Referred to the Committee on Ways and Means.

WEDNESDAY, FEBRUARY 24, 1971

1289

HB 779. By Messrs. Rush and Salem of the 51st, Fraser of the 59th and Brantley of the 52nd:
A Bill to be entitled an Act to authorize the furnishing by the State Board of Corrections of a Deputy Clerk to assist the Clerk of the Superior Court of Tattnall County in the handling of habeas corpus litigation arising from State penal institutions within Tattnall County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 780. By Messrs. Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating the State Court of Colquitt County, so as to change the salary of the Judge of said Court and the Solicitor of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 781. By Messrs. Wilson, Kreeger, Housley and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to provide for an additional judge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 782. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Paragraph 45 of Section 2 of the General Tax Act of 1935 (Ga. Laws 1935, p. 11), so as to eliminate the provision requiring the issuance of a certificate or duplicate receipt upon payment of the tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 783. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for the collection of taxes im posed on wine through a revenue reporting system; and for other purposes.
Referred to the Committee on Ways and Means.

HB 784. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act establishing a continuing capital fund from which loans to counties may be made to aid in de-

1290

JOURNAL OF THE HOUSE,

fraying the cost of property evaluation and equalization programs for ad valorem tax purposes, so as to provide for the removal of the mone tary limit and the termination date on the capital fund; and for other purposes.
Referred to the Committee on Ways and Means.

HB 785. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Paragraph 44 of Section 2 of the General Tax Act of 1935, so as to clarify the meaning of the phrase "volume of business" as it is used in said paragraph; and for other purposes.
Referred to the Committee on Ways and Means.

HB 786. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Section 68-260 of the Code of Georgia of 1933, relating to the registration and licensing of motor vehicles owned by the State and used for governmental purposes, so as to provide for "five year license plates" in lieu of "permanent license plates" in said Act; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 787. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act approved February 3, 1938, known as the "Revenue Tax Act to Legalize and Control Alco holic Beverages and Liquors", so as to change the licensing require ments; and for other purposes.
Referred to the Committee on Temperance.

HB 788. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Sections 92-1403 and 92-1405 of the Georgia Code of 1933 relating to motor-fuel taxes, so as to pro vide for definitions; to provide for a certain exemption; to provide for the licensing of special aviation gasoline dealers; and for other pur poses.
Referred to the Committee on Ways and Means.
HB 789. By Messrs. Griffin and Conger of the 68th:
A Bill to be entitled an Act to increase the membership of the Board of Education of Decatur County by two members; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 24, 1971

1291

HB 790. By Messrs. Levitas of the 77th and Nunn of the 41st:
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 a tax credit or refund for certain taxpayers for sales taxes paid by said Taxpayers; and for other purposes.
Referred to the Committee on Ways and Means.

HB 791. By Messrs. Levitas of the 77th and Nunn of the 41st:
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 change the rate of tax imposed under said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 792. By Messrs. Bennett of the 71st and Dean of the 13th:
A Bill to be entitled an Act to amend an Act providing for license and excise taxes upon the business of dealing in malt beverages, so as to provide that there shall be no excise tax upon the sales of draft beer dispensed on United States Military posts or reservations; and for other purposes.
Referred to the Committee on Ways and Means.

HR 245-792. By Messrs. Vaughn of the 74th, Phillips of the 50th, Harris of the 10th, Collins of the 62nd, Grahl of the 40th, Rush of the 51st, Brantley of the 52nd, Westlake of the 75th, Lowrey of the 9th, Nessmith of the 44th, and others:
A Resolution proposing an amendment to the Constitution so as to clas sify real property as a separate class of tangible property for taxation purposes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 793. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to reincorporate the City of Monroe in the County of Walton; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 794. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act placing the compensation of the Clerk of the Superior Court, the Ordinary and Coroner of Walton

1292

JOURNAL OF THE HOUSE,

County on a salary basis in lieu of a fee basis, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 795. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 796. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Walton County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 797. By Messrs. Westlake, Davis and Floyd of the 75th, Larsen of the 113th, Noble of the 78rd, Lane of the 101st, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend Code Section 61-302, relating to summons served on defendants in proceedings against tenants holding over, as amended, so as to change the provisions relative to service of summons; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 798. By Messrs. Westlake, Davis and Floyd of the 75th, Larsen of the 113th, Jones of the 4th, Noble of the 73rd, Lane of the 101st, Egan of the 116th, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend Code Title 26, known as the "Criminal Code of Georgia", so as to create the "Parental Responsi bility Law"; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 246-798 By Messrs. Westlake, Davis, Floyd and Granade of the 75th, Lar sen of the 113th, Jones of the 4th, Noble of the 73rd, Egan of the 116th, Lane of the 101st, Collins and Geisinger of the 72nd:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall provide by law the instances, conditions, terms and circumstances in and under which reprieves,

WEDNESDAY, FEBRUARY 24, 1971

1293

pardons and paroles shall be granted, penalties commuted, and sentences remitted for persons convicted of three or more offenses against the State; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 799. By Messrs. McDaniell of the 117th and Chandler of the 34th:
A Bill to be entitled an Act to be known as the "Out of State Land Sales Act"; to regulate the advertising sale or exchange in this State of real estate located in another State; and for other purposes.
Referred to the Committee on State Institutions & Property.

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

HB 719. By Mr. Lee of the 21st:
A Bill to be entitled an Act to amend Code Section 38-1703, relating to the separate examination of witnesses, so as to provide that the trial judge may make exceptions to an order of sequestration to further procedural convenience or the administration of justice; and for other purposes.

HB 720. By Mr. Ross of the 26th:
A Bill to be entitled an Act to authorize the use of public funds of Wilkes County for the development of trade, commerce, industry and employment opportunities within Wilkes County; and for other pur poses.

HB 721. By Mr. Rush of the 51st:
A Bill to be entitled an Act authorizing the Georgia Building Authority to provide three parking spaces for the Governor, three parking spaces for the Lt. Governor and three parking spaces for the Speaker of the House of Representatives, all free of cost; and for other purposes.

HB 722. By Messrs. Farrar of the 77th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the funds necessary to pay regular teachers and vocational teachers under Section 11 shall be computed separately; and for other purposes.

HB 723. By Mr. Melton of the 32nd:
A Bill to be entitled an Act relating to the manufacture, sale and taxing of wine, so as to provide an exemption from taxes for certain wines, to provide an effective date; and for other purposes.

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HB 724. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to authorize the Attorney General, upon the request of any department, office, officer, institution, commission, committee, board or other agency of the State of Georgia or any instru mentality thereof, to select and employ private counsel to perform legal services therefor; and for other purposes.

HB 725. By Mr. Melton of the 32nd:
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 the use of non-business property by new residents of this State pur chased by them while residing in another state; and for other purposes.

HB 726. By Messrs. Reaves, Barfield and Bennett of the 71st:
A Bill to be entitled an Act to change the compensation of the chairman and other members of the Board of Education of Brooks County; and for other purposes.

HB 727. By Messrs. Reaves, Bennett and Barfield of the 71st:
A Bill to be entitled an Act to create and establish an Airport Authority for the City of Quitman and Brooks County, and to authorize such authority to acquire and maintain all such facilities appertaining to such undertaking; and for other purposes.

HB 728. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the tax commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to personnel of the tax commissioner's office; and for other purposes.

HB 729. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazlehurst, so as to change the terms of office of the City Commissioners elected from Wards No. 1, 2, 3, and 4; and for other purposes.

HB 730. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to provide for the election of the Mayor by the voters of the City of Baxley; and for other purposes.

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1295

HB 731. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to clarify certain conditions under which suspension shall not occur; and for other purposes.

HB 732. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the time limitations within which certain actions must be taken and the period of time in which deposits of security are required; and for other purposes.

HB 733. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Tift County, so as to provide for the election of the chairman of the board by the voters of Tift County for terms of four years; and for other purposes.

HR 236-733. By Messrs. McDaniell of the 117th and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution of Georgia, so as to authorize incurring public debt; and for other purposes.

HR 237-733. By Mr. Odom of the 61st: A Resolution compensating Mr. Elijah Wright; and for other purposes.

HB 734. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to provide for an extended benefits pro gram; and for other purposes.

HB 735. By Messrs. Smith of the 39th, Adams of the 100th, and Jessup of the 49th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to exempt certain vehicles from being equipped with parking brakes; and for other purposes.

HB 736. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to change provisions relating to payment of interest on loans guaranteed by the Corpora tion; and for other purposes.

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HB 737. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Authority, so as to provide for purchases of services in locating debtors and collecting funds owed to the Au thority; and for other purposes.

HB 738. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission and authorizing the Commission to pro vide for granting of scholarships, so as to provide that terms and con ditions governing award, repayment and deferment of repayment shall be required in cash with interest or by practicing in an approved field in a community or at a site in Georgia approved by the Commis sion ; and for other purposes.

HB 739. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act authorizing certain counties in this State to establish and maintain law libraries for the use of the judges, solicitors, ordinaries, and other officers of the courts of said counties, so as to change the counties to which said Act applies; and for other purposes.

HB 740. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act relating to the licensing of warm air heating contractors, so as to change the applicability of the 1966 amendatory Act to different counties; and for other purposes.

HB 741. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to provide for the Department of Labor a supplemental appropriation; and for other purposes.

HB 742. By Messrs. Brown and Melton of the 32nd, Adams and Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to provide additional compensation to said court reporter; and for other purposes.

HB 743. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to authorize and direct the tax commis sioners to remit all education funds to the boards of education in certain counties once a month except for a certain percentage; and for other purposes.

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1297

HB 744. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Forest Park, so as to change the date of elections in said city; and for other purposes.

HB 745. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Habersham County upon an annual salary, so as to change the pro visions relative to the compensation of the sheriff; and for other purposes.

HB 746. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act abolishing the fee system and providing an annual salary for the ordinary of Habersham County, so as to change the provisions relative to the compensation of the ordinary; and for other purposes.

HB 747. By Messrs. Longino of the 98th and Greer of the 95th:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Fairburn, in the County of Fulton, and granting a charter to that municipality under that name and style, so as to add certain additional territory to the corporate limits of said city; and for other purposes.

HR 238-747. By Mr. Matthews of the 6th:
A Resolution compensating Mrs. Guy O. Shackelford, Sr.; and for other purposes.

HR 239-747. By Mr. Matthews of the 16th:
A Resolution compensating Mrs. Betty S. Herndon; and for other purposes.

HB 748. By Mr. Northcutt of the 21st:
A Bill to be entitled an Act to amend Code Chapter 93-3, relating to jurisdiction of the Public Service Commission, so as to provide that the commission shall have the general supervision over all persons, firms or corporations engaged in the business of moving houses, in cluding nonresidents; and for other purposes.

HB 749. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Gaynor of the 88th and Hill of the 94th:
A Bill to be entitled an Act to amend Code Section 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors,

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so as to provide that the jury list in each county shall be revised on the second Monday in January, or within 60 days thereafter; and for other purposes.

HB 750. By Messrs. Gaynor of the 88th, Jones of the 87th, Alien of the 92nd, Blackshear of the 91st, Triplett of the 93rd, Hill of the 94th and Gig nilliat of the 89th:
A Bill to be entitled an Act to amend an Act revising, alternating and consolidating into a comprehensive Act all laws relating to the Mu nicipal Court of Savannah, so as to remove certain provisions which require that the salaries of certain officers and employees of said court shall have the same salary scale; and for other purposes.
HB 751. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Triplett of the 93rd, Gaynor of the 88th and Hill of the 94th:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, so as to regulate the appointment of members of area planning and develop ment commissions; and for other purposes.
HB 752. By Messrs. Gaynor of the 88th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Hill of the 94th and Gignilliat of the 89th:
A Bill to be entitled an Act to make the tax collectors or tax com missioners of certain counties ex officio sheriffs, insofar as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and for other purposes.
HR 240-752. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Gaynor of the 88th and Hill of the 94th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chatham County to district areas outside the municipalities in said County to provide water, sewerage, fire protection, street lighting, garbage and trash collection services and the construction and maintenance of roads, streets, curbs, gutters, and sidewalks; and for other purposes.
HR 241-752. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Triplett of the 93rd, Gaynor of the 88th, Blackshear of the 91st and Hill of the 94th:
A Resolution proposing an amendment to Article VII, Section I, Para graph III of the Constitution, so as to provide that the Chatham County Commissions and Ex Officio Judges may by ordinance provide for the manner and procedures by which returns for taxation of real and per sonal property shall be effected; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1971

1299

HR 242-752. By Messrs. Atherton, Burruss, Howard, McDaniell, Kreeger, Housley and Wilson of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to redefine the education districts of the Cobb County School District and to provide for compensation, per diem, expenses and allowances of the members of the Cobb County Board of Education; and for other purposes.

HB 754. By Messrs. Bennett of the 71st, Gunter of the 6th and Snow of the 1st:
A Bill to be entitled an Act to amend Code Section 3-1004, relating to the limitations of actions for injuries to the person, so as to extend the time of one such limitation; and for other purposes.

HB 755. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Clinch County, so as to increase the maximum compen sation of the Chairman of the Board; and for other purposes.

HB 756. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to amend an Act creating and establishing the State Court of Clinch County, so as to increase the compensation of the judge and the solicitor of said Court; and for other purposes.

HR 243-756. By Mr. Sherman of the 80th:
A Resolution compensating Mr. and Mrs. G. Albert Dasher; and for other purposes.

HB 757. By Messrs. Whitmire, Williams and Wood of the llth:
A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the tax commis sioner of Forsyth County, so as to change the compensation of the chief deputy and other deputies of the sheriff; and for other purposes.

HB 758. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Bell and Noble of the 73rd, Geisinger and Collins of the 72nd, Jordan of the 74th, Russell and Thomason of the 77th and Dean of the 76th:
A Bill to be entitled an Act to create a County Commission on Efficiency and Economy in Government in each county of this State; to provide for the membership, appointments, powers and duties of such com mission; and for other purposes.

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HB 759. By Messrs. Davis, Granade, Westlake and Floyd of the 75th, Collins and Geisinger of the 72nd, Noble and Bell of the 73rd, Dean of the 76th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act requiring boards of educa tion of certain counties of this State to publish a summary of all receipts and expenditures of said boards, so as to require copies of audits of said boards of education to be available for public inspection; and for other purposes.

HB 760. By Messrs. Patten, Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Adel, so as to enlarge and redefine the corporate limits; and for other purposes.

HB 761. By Mr. Jones of the 87th:
A Bill to be entitled an Act to authorize and direct the Director of the Department of Public Safety to provide for the creation of an official State identification card, to contain a photograph, which shall be issued through the Driver's License Division of the Department of Public Safety; and for other purposes.

HB 762. By Messrs. Keyton and Russell of the 70th, Miles and Cheeks of the 78th, Dent and Connell of the 79th, Smith and Sherman of the 80th, Housley, Burruss and Kreeger of the 117th, McCracken of the 36th, Phillips of the 29th and many others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sales and tangible personal property to private nonprofit hospitals from the taxes im posed by said Act; and for other purposes.

HB 763. By Messrs. Buck and Pearce of the 84th, Levitas of the 77th, Ross of the 26th, Noble of the 73rd, Dean of the 13th, Morgan of the 23rd, Mat thews of the 16th, Berry of the 85th and others:
A Bill to be entitled an Act to amend Code Chapter 56-3, relating to authorization of insurers and general requirements for doing busi ness in this State, so as to provide that a certificate of authority may be issued to certain insurers organized as business trusts; to limit in surers organized as business trust to title inurance; and for other purposes.

SB 1. By Senator Fincher of the 54th:
A Bill to be entitled an Act to amend an Act known as the "Used Car Dealers Registration Act", so as to provide that the State Board of Used Car Dealers shall not issue or renew any license unless the appli cant shall procure and file a good and sufficient bond from a corporate surety licensed to do business within the State; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1971

1301

SB 10. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for longevity increases in salary for any person covered by the Merit System who has been employed with any department or agency of State Government for a minimum of 10 years and who has attained the top step in his grade classification; and for other purposes.

SB 20. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act relative to prohibiting the purchase of any passenger automobile by any department, institution, bureau or agency of this State, so as to provide that any institution under the supervision of the State Board of Health or any unit of the University System of Georgia shall be authorized to purchase pas senger automobiles for the purpose of use in patrol and security work; and for other purposes.

SB 34. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act authorizing a self-insur ance program for all of the State's insurable property, so as to au thorize the Supervisor of purchases to insure all public buildings located within the State of Georgia; and for other purposes.

SB 137. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating the North Geor gia Mountains Authority, so as to authorize the Authority to provide for security officers; and for other purposes.

SB 151. By Senators Plunkett of the 30th, Bateman of the 27th and Webb of the llth:
A Bill to be entitled an Act to completely and exhaustively revise, super sede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; and for other purposes.

SB 161. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act establishing a Municipal Court of the City of Atlanta, so as to strike the contents of Section 44 of said Act, which Section provides for a cost deposit to be paid to the clerk of said court by the party filing or commencing any pro ceeding in said court; and for other purposes.

SB 162. By Senators Stephens of the 36th and Hudgins of the 15th: A Bill to be entitled an Act to suspend the obligation of certain handi-

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JOURNAL OP THE HOUSE,
capped veterans from paying ad valorem taxes on their automobiles; and for other purposes.

SB 193. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County; so as to change the compensation of the Chairman, Vice-Chairman and members of said Board; and for other purposes.

SB 206. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2024, relating to the ownership of real estate by banks, so as to provide that banks shall not purchase real estate for banking purposes without the prior written approval of the Superintendent of Banks; and for other purposes.

SB 210. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act regulating and fixing the per diem pay of jurors in certain counties; and for other purposes.

SB 211. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act providing for a com mutation tax in lieu of road work in any militia or road district in the County of Clayton; and for other purposes.

SB 212. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act authorizing the ordinaries of certain counties to farm out prisoners convicted of misdemeanors to other counties; and for other purposes.

SB 213. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act abolishing the office of county treasurer of Clayton County; and for other purposes.

SB 214. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act prohibiting the manufac ture of distilled spirits of all kinds, except domestic wines made from grapes or berries, within the limits of Clayton County; and for other purposes.

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1303

SB 215. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Milledgeville, so as to change the corporate limits of said City; and for other purposes.

SB 220. By Senators Rowan of the 8th and Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act providing a salary for the official Court Reporter of the Alapaha Judicial Circuit, so as to provide that the said Court Reporter shall be compensated by a salary and expense allowance by each county within said judicial circuit in an amount to be determined by the governing authority of each said county; and for other purposes.

Mr. Rainey of the 47th District, Chairman of the Committee on Game & Fish, submitted the following report:

Mr. Speaker:

Your Committee on Game & Fish has had under consideration the follow ing Bill of the House and has instructed me to report same back to the House with the following recommendations:

HB 210. Do Pass, as Amended.

Respectfully submitted, Rainey of the 47th, 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 & Resolutions of the House and has instructed me to report same back to the House with the following recommendations:

HR 232-698. Do Pass. HB 618. Do Pass. HR 102-262. Do Pass.

Respectfully submitted, Vaughn of the 74th, Chairman.

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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 Bill of the House and has instructed me to report same back to the House with the following recommendations:

HB 382. Do Pass, by Substitute. Respectfully submitted, Dorminy of the 48th, 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 Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 22. Do Pass. SB 54. Do Pass. SB 58. Do Pass. HB 13. Do Pass, by Substitute. HB 117. Do Pass. HB 167. Do Pass. HB 179. Do Pass, by Substitute.
Respectfully submitted, Buck of the 48th, Chairman.

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-

WEDNESDAY, FEBRUARY 24, 1971

1305

tion the following Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 191-658. Do Pass. HR 192-658. Do Pass. HB 473. Do Pass. HB 560. Do Pass.
Respectfully submitted, Chandler of the 34th, Chairman.

Mr. Howell of the 60th District, 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 Senate and has instructed me to report same back to the House with the following recommendations:

SB 134. Do Pass. SB 111. Do Pass. SB 182. Do Pass.

Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community 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:
HR 240-752. Do Pass. HR 241-752. Do Pass. HR 242-752. Do Pass. HB 546. Do Pass. HB 570. Do Pass, HB 720. Do Pass.

1306
HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB

JOURNAL OF THE HOUSE,

726. Do Pass. 727. Do Pass. 728. Do Pass. 729. Do Pass. 730. Do Pass. 733. Do Pass. 742. Do Pass. 743. Do Pass. 744. Do Pass. 745. Do Pass. 746. Do Pass. 750. Do Pass. 752. Do Pass. 753. Do Pass. 755. Do Pass. 756. Do Pass. 757. Do Pass. 760. Do Pass.

Respectfully submitted, Levitas of the 77th, 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 following Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 723. Do Pass. HB 725. Do Pass. HB 762. Do Pass.

Respectfully submitted, Melton of the 32nd, Chairman.

WEDNESDAY, FEBRUARY 24, 1971

1307

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 160. By Senator Adams of the 5th:
A Bill to provide that in all civil cases two-thirds or more of the jurors concurring may return a valid and enforceable verdict; to re peal conflicting laws; and for other purposes.

SB 169. By Senators Reynolds of the 48th, Kidd of the 25th, and Brown of the 47th:
A Bill to require each manufacturer of motor vehicles in this State to place an identification upon such vehicles that they were manufactured in this state; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
SB 171. By Senators Chapman of the 32nd and Kennedy of the 4th:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, as amended, so as to provide that inmate trainees enrolled in a vocational training program shall be authorized to repair privately owned vehicles and other equipment in connection with their training, under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 173. By Senator Holley of the 22nd:
A Bill to amend Code Section 13-204, which prohibits any individual, partnership, person, firm, company or voluntary association from con ducting a banking business without a charter or certificate, as amended, so as to provide that no person, firm, partnership, association, or cor poration except a regularly chartered bank or certificated bank shall use the words "bank," "banker", etc; 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 50. By Senators Reynolds of the 48th, Kidd of the 25th, and Brown of the 47th:
A Resolution relative to the quality control of motor vehicles; and for other purposes.

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SR 52. By Senators Smith of the 18th, Coggin of the 35th, and Gillis of the 20th:
A Resolution creating the Intergovernmental Relations Study Com mittee: and for other purposes.

SR 56. By Senators Zipperer of the 3rd, Riley of the 1st, Kennedy of the 4th and others:
A Resolution relative to identification cards for members of the Gen eral Assembly; and for other purposes.

SR 60. By Senators Coggin of the 35th and Patton of the 40th:
A Resolution relative to ad valorem property taxes in Pulton County; and for other purposes.

SR 62. By Senator Kidd of the 25th:
A Resolution urging the State Department of Public Health to investi gate the feasibility of transforming the Old Colony Farm at Milledgeville into an alcoholic rehabilitation Center; and for other purposes.

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

HB 21. By Mr. Levitas of the 77th:
A Bill to amend an Act revising the adoption laws of Georgia, and to amend Code Section 113-903 relative to the rules of inheritance, so as to provide that adopted persons shall inherit from other adopted persons when both are adopted by a mutual parent; and for other purposes.

HB 47. By Mr. Howell of the 60th:
A Bill to provide a system of officially designated Georgia Govern ment Documents in order to obtain maximum efficiency, economy and usefulness in the publication, compilation, distribution and preservation of the written materials defined as government documents; and for other purposes.

HB 67. By Messrs. Gunter and Moore of the 6th:
A Bill 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.

WEDNESDAY, FEBRUARY 24, 1971

1309

HB 95. By Mr Gunter of the 6th:
A Bill to amend Code Section 59-108, relating to jury boxes, so as to provide that each county shall have one traverse jury box from which all courts of the county shall select jurors; and for other purposes.

HB 105. By Mr. Matthews of the 63rd:
A Bill to amend an Act known as the "Georgia Meat Inspection Act", so as to provide for the inspection of meat and meat products by the Commissioner of Agriculture in retail establishments and in food service establishments; and for other purposes.

HB 109. By Messrs. Matthews of the 63rd and Collins of the 62nd:
A Bill to amend an Act prohibiting the purchase of any passenger automobile by any department, institution, bureau or agency, so as to provide that the Department of Agriculture shall be authorized to purchase passenger-carrying automobiles through the Supervisor of Purchases; and for other purposes.

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

HB 126. By Mrs. Merritt of the 46th and others:
A Bill to amend an Act known as the "Georgia Food Act", so as to de fine the term "food sales establishment; and for other purposes.

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

HB 92. By Mr. Smith of the 43rd and others: A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropria tions heretofore or hereafter made for the operation of the agencies of the State provided for herein, and the purposes.
The Senate insists on its amendments to the following Bill of the House, to-wit:
HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th: A Bill to amend an Act approved February 28, 1955, p. 268, so as to

1310

JOURNAL OF THE HOUSE,

increase the excise tax on cigarettes; to impose an excise tax on cigar ettes held or possessed by every dealer or distributor of cigarettes on the effective date of this Act; 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 546. By Messrs. Reaves, Barfield and Bennett 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 change the number of city commis sioners ; and for other purposes.

The report 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 570. By Messrs. Brantley of the 114th, Lane of the 101st, Cook, Hawes, Pelton and Greer of the 95th:
A Bill to be entitled an Act to reincorporate the City of Roswell in the County of Fulton; and for other purposes.

The report 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 690. By Mr. Ham of the 33rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Monroe County upon an annual salary, as amended, so as to change the compensation of the chief deputy sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill,, was agreed to.

WEDNESDAY, FEBRUARY 24, 1971

1311

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 691. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Monroe County, as amended, so as to change the com pensation of the commissioners; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 692. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Monroe County, as amended, so as to change the terms of office of the members of the Board of Commissioners 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 693. By Mr. Ham of the 33rd: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Monroe County, as amended, so as to provide for an assistant tax commissioner; to provide for a clerk 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.

1312

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 696. By Messrs. Lane of the 101st and Greer, Pelton and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 697. By Mr. Collier of the 54th: A Bill to be entitled an Act to amend an Act creating a charter for the City of Leesburg, as amended, so as to change the corporate limits of said City; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 700. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Jordan of the 74th and many others: A Bill to be entitled an Act to amend an Act regulating preparation and recording plats of survey in counties having a population of 300,000, so as to increase the population requirements to 600,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 24, 1971

1313

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 702. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Levitas and Thomason of the 77th and many others:
A Bill to be entitled an Act to amend an Act providing for tax levies in counties having a population of 300,000 or more so as to strike the figure 300,000 wherever it appears and inserting in lieu thereof the figure 600,000; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 703. By Messrs. Davis, Westlake and Granade of the 75th, Levitas and Thomason of the 77th and many others: A Bill to be entitled an Act to amend an Act to provide for a budget commission in certain counties, as amended, so as to strike the popula tion requirements wherever they appear and insert in lieu thereof the figure 600,000; 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 704. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Jordan of the 74th and many others: A Bill to be entitled an Act to amend an Act providing for the creation of a joint county-city tax board in counties having a greater population of 300,000, so as to strike the population requirements of 300,000 wher ever they appear and to insert the figure 600,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1314

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 706. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Jordan of the 74th and many others:
A Bill to be entitled an Act to amend an Act so as to strike the figures 300,000 wherever they appear and insert in lieu thereof the figure 600,000; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 707. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, and many others:
A Bill to be entitled an Act to amend an Act providing for a pension study commission in counties having a population of 300,000, so as to strike the population requirement of 300,000 and insert in lieu thereof the figure 600,000; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 708. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Jordan of the 74th and many others:
A Bill to be entitled an Act to amend an Act so as to strike the popula tion requirements of 300,000 and insert in lieu thereof the population requirement of 600,000; and for other purposes.

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

WEDNESDAY, FEBRUARY 24, 1971

1315

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 710. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Jordan of the 74th and many others:
A Bill to be entitled an Act to amend an Act regulating the sales and delivery of malt beverages so as to provide that in counties having a population of 400,000 the provision restricting the license fee of whole sale dealers in a city or county other than where its business is located shall not apply; and for other purposes.

The report 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 712. By Mr. Carter of the 64th: A Bill to be entitled an Act to amend an Act incorporating the City of Lakeland and repealing the charter of the town of Milltown, as amended, so as to provide that the Mayor of Lakeland shall be elected by a majority vote; and for other purposes.
The report 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 753. By Messrs. Matthews and Patten of the 63rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, as amended, so as to provide the procedure for determining the value of property for tax purposes under certain con ditions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1316

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

HR 231-698. By Messrs. Pelton, Cook, Hawes and Greer of the 95th:

A RESOLUTION

.,

Proposing a Constitutional Amendment so as to provide that resi

dents of the City of Alpharetta who are 65 years of age or over, or who

are totally disabled, and who have an income from all sources, including

the income of certain members of the family, not exceeding $4,000.00 per

annum, shall be granted a homestead exemption of $2,000.00 from ad

valorem taxation by said City; 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 adding at the end thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Alpharetta who is sixtyfive years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, and each resident of the City of Alpharetta who is totally disabled and who does not have an income from all sources, including income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Alpharetta as long as any such resident of the City of Alpharetta actually occupies said homestead as his residence. Provided, however, no homestead shall be subject to more than one $2,000.00 exemption, as provided for herein. The value of the home stead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Alpharetta. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Al pharetta, or with a person designated by the governing authority of the City of Alpharetta, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional in formation relative to receiving the benefits of such exemp tion as will enable the governing authority of the City of Al pharetta, or the person designated by the governing authority of the City of Alpharetta, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Alpharetta, or the person designated by the said governing

WEDNESDAY, FEBRUARY 24, 1971

1317

Authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years be ginning after December 31, 1972."

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 residents of the City of Alpharetta who are 65 years of age or over, or who are totally disabled, and
NO ( ) who have an income from all sources, including the income of certain members of the family, not exceed ing $4,000.00 per annum, shall be granted a home stead exemption of $2,000.00 from ad valorem taxa tion of said City?"

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chandler

Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty

1318
Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Evans Parrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Griffin Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan

JOURNAL OF THE HOUSE,

Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom

Oxford Patterson Patten Pearce Phillips, G. S. Phillips, W. R. Pickard Poole Potts Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat
Toles
Turner Ware Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Blackshear Carr Chance Cook Dailey Dean, J. E. Dorminy Egan Ezzard Gaynor Grahl Greer

Hadaway Hamilton Hill, B. L. Hood Howell Jones, Herb Lambert Le vitas Longino Noble Peters Phillips, L. L. Pinkston

Rainey Rush Scarborough Stephens Thomason Thompson Townsend Triplett Tripp. Vaughn Wamble Wheeler, J. A. Mr. Speaker

WEDNESDAY, FEBRUARY 24, 1971

1319

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.

HR 233-698. By Messrs. Lane of the 101st, Hawes, Pelton and Greer of the 95th:
A RESOLUTION
Proposing a constitutional amendment so as to provide that resi dents of the City of Hapeville who are 65 years of age or over, or who are totally disabled, and who have an income from all sources, in cluding the income of certain members of the family, not exceeding $4,000.00 per annum shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by said city; 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, Paragraph IV of the Constitution is here by amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Hapeville who is sixtyfive years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, and each resident of the City of Hapeville who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, is hereby granted an exemption of $4,000.00 on his homestead from all ad valorem taxation by the City of Hapeville as long as any such resident of the City of Hapeville actually occupies said homestead as his residence. Pro vided, however, under this provision, there shall be no more than one (1) $4,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Hapeville. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Hapeville, or with a person designated by the governing authority of the City of Hapeville, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing au thority of the City of Hapeville, or the person designated by the governing authority of the City of Hapeville, to make a determina tion as to whether such owner is entitled to such exemption. The governing authority of the City of Hapeville or the person desig-

1320

JOURNAL OF THE HOUSE,

nated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1971."

If such resident is qualified to receive the old age homestead exemp tion of $4,000.00 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of Hapeville $4,000.00 tax exemption contemplated herein.

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed 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 provide that residents of the City of Hapeville who are 65 years of age or over, or who are totally disabled, and who have an income from all sources, including
NO ( ) the income of certain members of the family, not ex ceeding $4,000.00 per annum, shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by said City?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratiflying 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien

Atherton Barfield Battle Bell Bennett, J. T.

Bennett, Tom Berry Black Bohannon Bond

WEDNESDAY, FEBRUARY 24, 1971

1321

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chandler Chappell
Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Evans Farrar Felton Floyd, L. R. Floyd, J. H. Fraser Gary Geisinger Gignilliat Granade Grantham Griffin Gunter

Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson
Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller

Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, G .S. Phillips, W. R. Pickard Poole Potts Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Toles Turner Ware Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Blackshear Carr Chance Cook

Dailey Dean, J. E. Dorminy Egan Ezzard

Gaynor Grahl Greer Hadaway Hamilton

1322
Hill, B. L. Hood Howell Jones, Herb Lambert Levitas Longino Noble

JOURNAL OF THE HOUSE,

Peters Phillips, L. L. Pinkston Rainey Rush Scarborough Stephens Thomason

Thompson Townsend Triplett Tripp Vaughn Wamble Wheeler, J. A. 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.

HR 234-698 By Messrs. Lane of the 101st, Hill of the 97th, Pelton, Hawes and Cook of the 95th:
A RESOLUTION
Proposing an Amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia of 1945, so as to provide a home stead exemption from taxation to resident homeowners in the City of East Point, in an amount not to exceed Two Thousand ($2,000.00) Dol lars and Four Thousand ($4,000.00) Dollars for such resident homeown ers who are sixty-five (65) years of age or over, provided the income of such resident over the age of sixty-five (65) and his spouse does not exceed Four Thousand ($4,000.00) Dollars per annum; to provide a homestead exemption in an amount not to exceed Ten Thousand ($10,000.00) Dollars for each disabled veteran who is a resident homeowner of said City; to define a 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 OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV, of the Constitution is hereby amended by adding at the end thereof the following:
"A homestead of each resident of the City of East Point actual ly occupied by the owner as a resident and homestead, but only so long as actually occupied by the owner primarily as such, is here by exempted from all City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness, in an amount not to exceed Two Thousand ($2,000.00) Dollars of its value.
Each person who is sixty-five (65) years of age or over is here by granted an exemption from all City ad valorem taxes in an amount not to exceed Four Thousand ($4,000.00) Dollars on a home-

WEDNESDAY, FEBRUARY 24, 1971

1323

stead 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, does not exceed Four Thousand ($4,000.00) Dollars for the immediate preceding taxable year for State of Georgia income tax purposes. Any such owner as defined in this paragraph shall not receive the benefits of such homestead exemp tion unless such owner has been similarly exempted from state and county ad valorem taxes by the tax commissioner of Fulton County, Georgia.
Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of Ten Thousand ($10,000.00) Dollars on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all City ad valorem taxation. The term "dis abled 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 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 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, or such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above-exempted amounts shall remain subject to ad valorem tax ation by the City of East Point. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1972."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) 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 proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of East Point in an amount not to exceed Two Thousand ($2,000.00) Dollars, and an amount not to exceed Four Thousand ($4,000.00) Dollars for resident
NO ( ) homeowners over sixty-five (65) years of age whose net income for income tax purposes does not exceed Four Thousand ($4,000.00) Dollars per annum, and to provide for homestead exemption in an amount not to exceed Ten Thousand ($10,000.00) Dollars for cer tain disabled veterans?"

1324

JOURNAL OF THE HOUSE,

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 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chandler Chappell Cheeks Clements Cole

Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Griffin Gunter Ham Harrington

Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus

WEDNESDAY, FEBRUARY 24, 1971

1325

Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith

Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, W. R. Pickard
Poole Potts Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem
Savage

Shanahan Shepherd
Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Snow Sorrells Strickland
Sweat Toles Turner Ware Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Blackshear Carr Chance Cook Dailey Dean Dorminy Egan Ezzard Gaynor Grahl Greer

Hadaway Hamilton Hill, B. L. Hood Howell Jones, Herb Lambert Levitas Longino Noble Peters Phillips, L. L. Pinkston

Rainey Rush Scarborough Stephens Thomason Thompson Townsend Triplett Tripp Vaughn Wamble Wheeler, J. A. 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.
HR 235-698. By Messrs. Hawes, Felton, Horton, Cook and Greer of the 95th, Townsend of the 115th and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to allow the City of Atlanta to remove or demolish, close and clear the premises of properties or structures not necessarily a part of any slum or blighted

1326

JOURNAL OF THE HOUSE,

area at public expense under certain conditions and to provide that such expenditures shall be established as liens against the properties involved; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XVI of the Constitution, relating to slum clear ance and redevelopment program for cities, towns, housing authorities and counties, is hereby amended by adding a new paragraph at the end of said Article to read:
"The City of Atlanta is hereby authorized to carry out and en force the removal or demolition or closing of buildings or struc tures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after a determination that a building or structure constitutes a nuisance or constitutes a hazard to the health or safety of the public. Such determination shall only be made, after hearing, in a proceeding in person against the owner of such building or structure. All expenses of such removal or de molition, or closing and clearing of premises and all costs of any such proceeding may be established as liens against the property on which the building or structure is located. Any such work shall con stitute 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 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 City of Atlanta to carry out and enforce the re-
NO ( ) moval or demolition, or closing and clearing of prem ises of individual or isolated properties or structures not of necessity a part of any slum or blighted area at public expense and said expense to be established as liens against the properties involved after a hear ing and a determination that such properties or struc tures constitute a nuisance or hazard to the health or safety of the public?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to 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.

WEDNESDAY, FEBRUARY 24, 1971

1327

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty
Davis, E. T.
Davis, W.
Dean, N.

Dent Dixon Drury Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Griffin Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick
Lane, W. J.
Larsen, G. K .
Larsen, W. W.

Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, W. R. Pickard Poole Potts Reaves Roach
Ross
Xussell, A. B.
Russell, H. P.

1328
Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R.

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. T. Snow Sorrells Strickland
Sweat Toles Turner

Ware Westlake Wheeler, Bobby Whitmire Williams
Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Blackshear Carr Chance Cook Dailey
Dean, J. E. Dorminy Egan Ezzard Gaynor Grahl Greer

Hadaway Hamilton Hill, B. L. Hood Howell Jones, Herb
Lambert Levitas Longino Noble Peters Phillips, L. L. Pinkston

Rainey Rush Scarborough Stephens Thomason Thompson
Townsend Triplett Tripp Vaughn Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 156, nays 0.

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

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 160. By Senator Adams of the 5th: A Bill to be entitled an Act to provide that in all civil cases two-thirds or more of the jurors concurring may return a valid and enforceable verdict; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 169. By Senators Reynolds of the 48th, Kidd of the 25th and Brown of the 47th: A Bill to be entitled an Act to require each manufacturer of motor ve hicles in this State to place an identification upon such vehicles that they were manufactured in this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

WEDNESDAY, FEBRUARY 24, 1971

1329

SB 171. By Senators Chapman of the 32nd and Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections, so as to provide that inmate trainees enrolled in voca tional training programs shall be authorized to repair privately owned vehicles and other equipment under certain circumstances; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 173. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-204, which pro hibits any individual, partnership, persons, firm or voluntary association from conducting a banking business without a charter or certificate, so as to provide that only a regularly chartered or certificated bank shall use the words "bank", "banker", etc.; and for other purposes.
Referred to the Committee on Banks and Banking.

SR 50. By Senators Reynolds of the 48th, Kidd of the 25th and Brown of the 47th: A Resolution relative to the quality control of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
SR 52. By Senators Smith of the 18th, Coggin of the 35th, and Gillis of the 20th: A Resolution creating the Intergovernmental Relations Study Commit tee; and for other purposes.
Referred to the Committee on Rules.
SR 56. By Senators Zipperer of the 3rd, Riley of the 1st, Kennedy of the 4th and others: A Resolution relative to identification cards for members of the General Assembly; and for other purposes.
Jteferred to the Committee on Rules.
SR 60. By Senators Coggin of the 35th and Patton of the 40th: A Resolution relative to ad valorem property taxes in Fulton County; and for other purposes.
Referred to the Committee on State Institutions and Property.
SR 62. By Senator Kidd of the 25th: A Resolution urging the State Department of Public Health to investi-

1330

JOURNAL OF THE HOUSE,

gate the feasibility of transforming the Old Colony Farm at Milledgeville into an alcoholic rehabilitation center; and for other purposes.
Referred to the Committee on Welfare.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Retirement and referred to the Committee on Industrial Rela tions :

HB 734. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", as amended, so as to provide for an extended bene fits program; 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:
HR 225-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of taxes imposed by the Georgia Re tailers' and Consumers' Sales and Use Tax Act upon certain tangible personal property purchased outside the State of Georgia; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T.

Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance

WEDNESDAY, FEBRUARY 24, 1971

1331

Chandler Chappell Cheeks Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton

Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom

Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R, Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomspon Toles Townsend Triplett Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Collins, S.

King

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M.

Bennett, Tom Berry

Colwell Conger

1332
Dailey Dean, J. E. Gary Grahl Hawes Hood Howell

JOURNAL OF THE HOUSE,

Jones, Herb Levitas Longino McCracken McDonald Moore Peters

Thomason Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 168, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 226-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale and use of Holy Bibles and Testaments until the next meeting of the General Assembly; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick

Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole

Collier Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E., T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards

WEDNESDAY, FEBRUARY 24, 1971

1333

Egan Evans Ezzard Felton Floyd, J. H. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger

Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn
Odom Oxford Patterson Patten Pearce Peters Phillips, G. S.

Pickard Pinkston Poole
Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Triplett Turner Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams
Wilson Wood

Those voting in the negative were Messrs.

Collins, S.

Floyd, L. R.

Phillips, W. R.

Those not voting were Messrs.:

Alien Brown, B. D. Colwell Dailey Dean, J. E. Farrar Gary Gunter Hamilton Hawes

Hood Jessup Jones, Herb Larsen, G. K. Leggett Levitas Longino McDonald Moore Phillips, L. L.

Smith, J. R. Snow Thomason Townsend Tripp Wamble Wheeler, Bobby Mr. Speaker

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JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 164, nays 3.

The Resolution, having received the requisite constitutional majority, was adopted.

Messrs. Ployd of the 75th and Larsen of the 113th stated that they had been called from the floor of the House when the roll was called on HR 226-687, and wished to be recorded as voting "aye".

HR 227-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, suspending the taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property and services sold to certain non-profit general and mental hos pitals; 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, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bariield Battle Bell
Bennett, J. T. Bennett, Tom Berry Black
Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burrruss Busbee Carr Carter
Chance Chandler Chappell Cheeks
Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L.

Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent
Dixon Dorminy Drury Edwards
Egan Evans Ezzard Farrar Felton Floyd, J. H.

Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Hadaway Ham Harrington Harris Harrison Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W.

WEDNESDAY, FEBRUARY 24, 1971

1335

Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole

Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Colwell Dailey Dean, J. E. Granade Gunter Hamilton Hawes Hill, B. L.

Hood Jessup Jones, Herb Lane, Dick Le vitas Lewis Longino Moore Northcutt

Peters Phillips, W. R. Smith, J. R. Thomason Thompson Townsend Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OP THE HOUSE,

HR 228-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, suspending the collection of the taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain fares and charges collected by certain transit systems; 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, G. D. Adams, John Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chandler Cheeks Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Conger Connell

Cook Davis, E. T.
Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Evans Parrar Floyd, L. R. Gaynor Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harrison Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, J. R. Jordan

Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt

WEDNESDAY, FEBRUARY 24, 1971

1337

Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Rainey Reaves Roach

Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow

Sorrells Stephens Sweat Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Bennett, J. T. Bond Brown, B. D. Chance Chappell Collins, M. Colwell Dailey Daugherty Dean, J. E. Dorminy Egan Ezzard

Felton Floyd, J. H. Fraser Gary Geisinger Grahl Hamilton Harris Hawes Hill, B. L. Hood Horton Jessup Jones, Herb Larsen, W. W.

Le vitas Longino Matthews, D. R. McCracken McDonald Peters Phillips, W. R. Scarborough Strickland Thomason Thompson Townsend Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes werre 150, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Adams of he 39th stated that he had been called from the floor of the House when the roll was called on HR 228-687, and wished to be recorded as voting "aye".

HR 229-687. By Messrs. Murphy of the 19th, Lane of the 44th and Busbee of the 61st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, suspending the collection of Georgia wine taxes on the sale and use of wine to certain churches and synagogues for Sacramental Services until the next meeting of the General Assembly; and for other purposes.

1338

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Berry Black Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Evans Floyd, J. H.

Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin

Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Reaves Roach Ross Russell, A. B. Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells

Stephens Strickland Sweat Toles Triplett

WEDNESDAY, FEBRUARY 24, 1971

1339

Tripp Turner Ware Westlake Wheeler, Bobby

Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bostick Carter

Collins, S. Floyd, L. R.

Phillips, W. R.

Those not voting were Messrs.:

Adams, Marvin Bennett, Tom Blackshear Bohannon Bowen Collins, M. Colwell Dailey Dean, J. E. Dorminy Egan Ezzard Farrar

Felton Fraser Gary Grahl Hamilton Hawes Hood Howell Hudson, C. M. Jones, Herb Larsen, W. W. Lee, W. S. Levitas

Longino McCracken Peters Rainey Rush Russell, W. B. Scarbrough Thomason Thompson Townsend Vaughn Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 5.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 110. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to create the Georgia State Board of Elec trical Contractors; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to create the Georgia State Board of Elec trical Contractors; to provide for a short title, to declare the purpose of said Act; to define certain terms; to provide for the appointment of members of the Board and their terms, qualifications, oaths, compen sation and removal; to provide for meetings and quorum; to provide

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JOURNAL OF THE HOUSE,

for restricted attendance sessions and conferences by telephone; to define the powers and duties of the Board; to require a license to engage in the business of electrical contracting and for the display of such licenses; to provide for examinations and the issuance of licenses to applicants for such licenses; to provide for the renewal, expiration and restoration of licenses; to provide for the expiration of suspended licenses; to authorize the Board to set fees for examinations, licenses and information; to provide that no person shall engage in the electrical contracting business unless he has received a license from the Board; to provide for exemptions under certain conditions; to provide that in vitations to bid and specifications must refer to this Act; to provide for enforcement of this Act by penalty, injunction and criminal prosecu tion ; to provide an effective date; to provide for severability; to repeal
conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Short Title. This Act shall be known and may be cited as the "Georgia Electrical Contractors Act".

Section 2. Declaration of Purpose. The Georgia Electrical Con tractors Act is enacted for the purpose of safeguarding homeowners and other property owners and tenants against faulty, inadequate, inefficient or unsafe electrical installations and to protect the life, health and property of homeowners and other property owners and tenants in the State of Georgia. Electrical contracting is hereby declared to be effected with the public interest, and this Act shall be liberally construed so as to accomplish the foregoing purpose.

Section 3. Definitions. The following terms shall have the mean ings respectively ascribed to them when used in this Act, for the pur poses of this Act, unless the context clearly requires a different mean ing:

(a) "Board means the Georgia State Board of Electrical Contractors;

(b) "electrical contracting" means any job or project in the State of Georgia wherein the electrical contractor proposes to bid, install, maintain, alter or repair any electric wiring devices, or equipment;

(c) "electrical contractor" is any person, firm or corporation who is engaged in the business of installing electrical power or control systems; maintaining, altering or repairing any electrical wiring devices, equipment or any other electrical apparatus;

(d) "Joint Secretary" means the Joint Secretary, State Ex amining Boards of Georgia;
(e) "license" means a valid and current certificate of registra tion issued by the Joint Secretary on behalf of the Board which shall give the named person to whom it is issued authority to engage in the activity prescribed thereon;

WEDNESDAY, FEBRUARY 24, 1971

1341

(f) "licensee" means any person holding a license;

(g) "person" shall mean a human person, not a legal entity.

Section 4. Georgia State Board of Electrical Contractors Created; Members of Board; Appointment; Terms; Quorum; Business by Tele phone; Removal; Vacancies. There is hereby created a Georgia State Board of Electrical Contractors. The Board shall consist of seven members, each of whom shall be appointed by the Governor and ap proved by the Secretary of State, to serve for a term of three years. The first appointees shall be appointed for terms of: two for one year, two for two years, and three for three years. Thereafter, all appoint ments shall be for a term of three years. One of the members of the Board shall be a professional electrical engineer engaged in the private practice of electrical engineering and not employed by an electrical contractor. One member shall be a person engaged in the business of general contracting, either commercial or residential. Two members, each of whom shall be the chief electrical inspector of a county or municipality, who have been in such position at least five years im mediately preceding their appointment. Three members shall be actively engaged in the business of electrical contracting with a firm, partner ship or corporation located in the State of Georgia, who have been in such business at least five years immediately preceding their appoint ment. In making the original appointments for three years to such Board, selection shall be from different areas of the industry. A majority of the Board members shall constitute a quorum for all Board business and, with the exception of hearings in contested cases, may conduct business by conference telephone. The Governor may remove any member of the Board for neglect of duty, incompetence, revocation or suspension of his license or other dishonorable conduct. After such removal or vacancy due to death or resignation, the Governor shall appoint a successor to serve the unexpired term.

Section 5. Members of Boards; Qualifications. To be eligible for appointment as a member of the Board, a person must:

(a) be at least twenty-five years of age; and

(b) be a citizen of the United States of America and must be a resident of the State of Georgia for at least five years immedi ately preceding his appointment.

Section 6. Members of Board; Oath. Appointees to the Board shall immediately after their appointment take and subscribe to a written oath or affirmation required by law for all public officers.

Section 7. Members of Board: Minimum-Maximum Meeting Days Per Year; Restricted Attendance Meetings; Secretary of Board; Duties; Service Upon; Affidavits of Official Records. The Board shall meet at least six days a year but shall not meet more than twelve days in any one year. All meetings shall be open to the public, except that the Board may hold restricted attendance sessions to prepare, give and grade examinations and to deliberate in connection with the decision in a contested case. The Joint Secretary shall be Secretary of the Board

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JOURNAL OF THE HOUSE,

and, in addition to his duties as prescribed by Section 84-101 of the Code of Georgia, as amended, shall perform such other administrative duties as may be prescribed by the Board. All legal process and all documents required by law to be served upon or filed with the Board shall be served upon or filed with the Joint Secretary at his office in Atlanta, Georgia. All official records of the Board, or affidavits by the Joint Secretary as to the content of such records, shall be prima facie evidence of all matters required to be kept therein.

Section 8. Members of Board; Compensation. The members of the Board shall receive $25.00 per day while performing their official duties, in addition to other expenses which may be provided by law.

Section 9. Powers and Duties of Board. The Board shall:

(a) prepare or approve all examinations of applicants for licenses;

(b) determine the qualifications of electrical contractors to engage in the business of electrical contracting;

(c) investigate alleged violations of the provisions of this Act and any other law of this State pertaining to electrical con tracting and any rules and regulations adopted by the Board.

Section 10. Examinations, (a) The Board shall examine applicants at least once every three months according to the method deemed by it to be the most appropriate to test the qualifications of applicants. Any national standardized examination which the Board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the Board shall give to test the qualifications of applicants. The Board shall also have the right to establish such norms of achievement as shall be required for a passing grade.

(b) No license shall be issued except in compliance with this Act and none shall be issued except to a person or a person in a firm, partnership, association or corporation. A firm, partnership, association or corporation, as such, shall not be licensed.

Section 11. Expiration and Renewal of Licenses. All licenses shall expire annually at such times as may be designated by the Board. All applications for renewal of licenses shall be filed with the Joint Sec retary prior to the expiration date, accompanied by the annual renewal fee prescribed by the Board.

Section 12. Expiration of Licenses; Restoration; New License. A license which has expired for failure to renew may only be restored within two years from the date of expiration after application and payment of the prescribed restoration fee. Any license which has not been restored within two years following its expiration may not be renewed, restored or reissued thereafter. The holder of such a cancelled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license.

WEDNESDAY, FEBRUARY 24, 1971

1343

Section 13. Expiration of Suspended Licenses. A suspended li cense is subject to expiration and must be renewed or restored as provided in this Act during the term of suspension.

Section 14. Fees. The Board is empowered to establish and charge reasonable fees for the administration of examinations, issuance of all active and inactive licenses and supplying information to applicants, licensees and the general public. Such fees shall be commensurate with the cost of fulfilling the duties of the Board as defined in this Act.

Section 15. Display of Licenses. Every person holding a license issued by the Board shall display it in a conspicuous manner at his place of business.

Section 16. License Required; Exemptions. No person shall engage in the electrical contracting business unless such pesron shall have re ceived a license from the Board. Provided, however, the provisions of this Act shall not apply:

(a) to the installation, construction or maintenance of power systems for the generation and secondary distribution of electric current constructed under the provisions of the National Electrical Safety Code which regulates the safety requirements of utilities. The interior wiring regulated by the National Electrical Code would not be exempt and must be done by an electrical contractor;

(b) to the installation, construction, maintenance or repair of telephone or signal systems by or for public utilities or their corporate affiliates, when said work pertains to the services fur nished by said public utilities;

(c) to any technician employed by a municipal franchised CATV system; or

(d) to any journeyman electrician employed by a State licensee of the Board.

No license shall be issued by the Board without an examination of the applicant for the purpose of ascertaining his qualifications for such work, but no such examination shall be required for the annual renewal of such license. Provided, however, that persons who, on the effective date of this Act, possess a master's license for electrical work issued to them by any governing authority of any political subdivision in the State of Georgia and who are actively engaged in the electrical con tracting business and who maintain an office for said business shall be granted a State license by the Board under this Chapter without an examination upon the payment of the fee prescribed herein. The pro visions of this Section, relative to the issuance of license without an examination, shall remain for a period of six months after the effective date of this Act, after which time any person desiring to obtain a Statewide license shall be required to stand the examination prescribed
by the Board and attain a passing grade.

1344

JOURNAL OF THE HOUSE,

This provision shall in no way prohibit the governing authorities of each county and municipality in the State of Georgia from exercising the authority to require any person engaging in the electrical con tracting business to stand and attain a passing grade on an examination, administered by such county or municipality to evidence their ability and proficiency to engage in the electrical contracting business. Pro vided, however, any person who holds a valid Statewide license shall be deemed qualified and, upon satisfactory proof of said license, shall be allowed to perform electrical work in any county or municipality under the terms and conditions set forth in this Act.

Section 17. Invitations to Bid and Specifications; Reference to Act. All architects and engineers preparing plans and specifications for work to be contracted in Georgia shall include in their invitations to the bidder and in their specifications a reference to this Act so as to convey to the invited bidder the existence of this Act and compliance thereof.

Section 18. Electrical Appeals and Advisory Board. The Electrical Appeals and Advisory Board shall consist of five members. This Board shall be composed of two master electricians who hold Georgia State wide license and are actively engaged in the electrical contracting busi ness; one building contractor; one chief electrical inspector of a munici pality or county government, who has held such position for a period of five years immediately preceding his selection; and one journeyman electrician with at least five years' experience in the State of Georgia. The terms of office shall be for three years and shall be staggered; two for one year; two for two years; and one for three years; there after all appointments shall be for three years. All members of this Board shall be appointed by the Governor and, after their primary selection, shall establish the rules for appeals to the Board. The mem bers of this Board are to receive the same compensation as members, of the Georgia State Board of Electrical Contractors.
Section 19. Injunctive Power. Electrical contracting is hereby declared to involve activities affecting the public interest and involving the health and safety and welfare of the public. Such activities when engaged in by a person who is not licensed are declared to be a public nuisance, harmful to the public health, safety and welfare. The Board or the district attorney of the circuit where such nuisance exists may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain the equitable relief pro vided herein to allege or prove that there is no adequate remedy at law.
Section 20. Violations; Penalty. It shall be unlawful for any per son to violate any provision of this Act regulating electrical contracting, and any person convicted of such violation shall be punished as for a misdemeanor.
Section 21. Effective Date. This Act shall become effective July 1, 1971.
Section 22. Severability. In the event any part of this Act should be adjudged invalid or unconstitutional, such adjudication shall not

WEDNESDAY, FEBRUARY 24, 1971

1345

affect any other part of this Act. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part was invalid.

Section 23. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bo wen Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell

Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Grahl Granade Grantham Greer Griffin Gunter Harrington Harris Harrison Hawes Hays Hill, B. L.
Hill, G.

Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton

1346
Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce

JOURNAL OF THE HOUSE,

Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, W. B. Savage Shanahan Shepherd Sherman Sims

Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Thompson
Toles Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire
Wilson Wood

Those voting in the negative were Messrs.:

Battle Dean, N.

Gignilliat Ham

Townsend Williams

Those not voting were Messrs.:

Blackshear Brantley, H. H. Bray Collier Dailey Dean, Gib Dixon Egan Fraser Hadaway

Hamilton Hood Johnson Jones, Herb Lambert Levitas Longino Mason Milford Phillips, G. S.

Russell, A. B. Russell, H. P. Salem Scarborough Sorrells Sweat Thomason Wamble Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 110, by substitute, was ordered immediately transmitted to the Senate.

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and many others:
A Bill to be entitled an Act to create a State Athletics Commission; to provide the jurisdiction, duties and authority of said Commission; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1971

1347

The following Committee substitute was read:

A BILL

To be entitled an Act to create a State Athletics Commission; to provide the jurisdiction, duties and authority of said Commission; to provide for membership and meetings; to require each person, firm or corporation desiring to promote or hold a professional athletic event to obtain a license from the State Athletics Commission; to define "professional athletic event"; to provide for fees; to provide penalties; to provide exceptions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. There is hereby created a State Athletic Commission (hereafter, the Commission) which shall have jurisdiction to license the promotion or holding of each and every professional sporting event named herein promoted or held in Georgia. The Commission shall be composed of five members, three of which shall be appointed by the Governor for initial terms of office of three, four and five years, re spectively, one of which shall be appointed by the Lieutenant Governor for an initial term of office of two years, and one of which shall be appointed by the Speaker of the House of Representatives to an initial term of office of one year. After initial terms of office have been served, appointments shall be made by the above appointing officers, as stated above, for terms of five years each. Each vacancy shall be filled by the officer making the original appointment, for the term remaining in the vacating member's unexpired term. All appointments shall be subject to confirmation by the Senate. Each member of the Commission shall receive $25.00 per diem for each day spent on Com mission business, plus ten cents per mile traveled on official business. The Commission shall elect its own chairman from among its member ship for a term of two years. A chairman may succeed himself.

Section 2. Before any person, firm or corporation shall promote or hold a professional sporting event named herein in the State of Georgia, it shall first be necessary to obtain a license from the Com mission. The person, firm or corporation wishing to promote or hold such an event shall make application to the Commission on a form provided by the Commission. The chairman of the Commission, upon receiving such an application accompanied by a cashier's check made out to the State Athletics Commission for $500.00, which shall be a nonrefundable fee, shall, within ten days of receiving same, call a meeting of the Commission for the purpose of approving or rejecting the application. The said fee can apply to one or more professional athletic events, in the discretion of the Commission; provided, however, the payment of one such fee with any application submitted for a professional athletic event which has its home events in Georgia, shall render said license valid for all events of the year in which the license is granted. The monies derived from said fees shall be kept and used by the Commission for carrying out its duties, except that any monies not used at the end of the fiscal year shall lapse and become a part of the State Treasury. At the discretion of the Commission the $500.00

1348

JOURNAL OF THE HOUSE,

fee may be waived if any of the major portion of the proceeds of any event go to charity. The meeting shall be held at a place designated by the chairman within 20 days of his call (or at a place designated by the three calling members within 20 days of their call).
Section 3. The Commission shall meet on call of the chairman (or upon the call of any three members) and shall decide by majority vote whether or not to issue any license requested. The Commission is hereby authorized to inquire into the financial backing of any professional athletic event named herein, and to obtain answers to written or oral questions propounded to the promoters, backers or other persons as sociated with such professional athletic event. Any denial of a license shall be based on facts which tend to support the belief that the health, welfare, morals or safety of the citizens of Georgia will be harmed in the event such professional athletic event is permitted to take place.
Section 4. It shall be unlawful for any person, firm or corporation to promote or hold any professional sporting event named herein without having first obtained a license from the Commission. A license shall be good for the time and number of events indicated on its face.
Section 5. The term "professional sporting event" shall include any professional boxing match, professional wrestling match, profes sional baseball game, professional basketball game, professional football game, professional golf tournament, professional soccer game, auto racing or drag racing or professional hockey game. Any such profes sional sporting event named herein from which the promoters can rea sonably expect to have gross receipts of less than $10,000 for any one sporting event shall be exempt from coverage of this Act. Nothing in this Act shall have reference to any closed-circuit t.v. showing of any sports event, or any school- or church-sponsored athletic event.
Section 6. Violations of this Act shall be punished as for a mis demeanor.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Mr. Pickard of the 84th moves to amend the Committee substitute to SB 2 by making line 85 of Section 2 to read as follows:
"at the discretion of the Commission the $500.00 fee may be waived if any of the major portion of the proceeds of any event go to charity."
An amendment, offered by Messrs. Conger of the 68th and Townsend of the 115th, was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

WEDNESDAY, FEBRUARY 24, 1971

1349

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, John Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T. Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Busbee Carr Carter Chance Chandler Chappell Clements Cole Collier Collins, M. Collins, S. Colwell Conger Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dorminy Drury Ezzard Farrar Felton Floyd, L. R. Fraser Gaynor Geisinger

Gignilliat Grahl Granade Grantham Griffin Ham Harris Harrison Hays Hill, G. Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Milford Miller

Those voting in the negative were Messrs.

Alexander, W. H. Atherton Bennett, Tom

Blackshear Bond Brown, B. D.

Moore Moyer Mullinax Murphy Nessmith Noble Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Rainey Reaves Ross Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan Sims Smith, V. T. Snow Sorrells Stephens Strickland Toles Triplett Tripp Turner Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood
Brown, S. P. Coney, G. D. Coney, J. L.

1350
Cook Daugherty Dent Dixon Egan Evans Floyd, J. H.

JOURNAL OP THE HOUSE,

Hamilton Hill, B. L. Horton Housley King Larsen, G. K. Matthews, C.

Odom Russell, A. B. Shepherd Sherman Smith, J. R. Sweat Tbwnsend

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Bray Buck Burruss Cheeks Connell Dailey Edwards Gary Greer Gunter Hadaway

Harrington Hawes Hood Howell Jones, Herb Knowles Levitas Longino Marcus Miles Morgan Mulherin Northcutt

Nunn Patterson Phillips, W. R. Roach Scarborough Smith, H. R. Thomason Thompson Vaughn Wamble Wilson Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 126, nays 30.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Dean of the 76th requested the following communication apear in the Journal:
HOUSE OF REPRESENTATIVES
Atlanta, Georgia
Honorable Glenn W. Ellard, Clerk Georgia House of Representatives State Capitol Building Atlanta, Georgia
Dear Mr. Ellard:
This will hereby certify that I, Representative James E. Dean, District 76, County of DeKalb, City of Atlanta, Georgia, had a no vote on S.B. 2.

WEDNESDAY, FEBRUARY 24, 1971

1351

Your favorable cooperation pertaining to correcting the vote will be greatly appreciated.

Thanking you in advance, I am JED:ld

Respectfully yours, /s/ James E. Dean

Mr. Floyd of the 7th stated that he had inadvertently voted "nay" on the p"aayssea"g. e of SB 2, by substitute, as amended, and wished to be recorded as voting

Mr. Scarborough of the 81st stated that he had been called from the floor of the House when the roll was called on SB 2, by substitute, as amended, and wished to be recorded as voting "nay".
Pursuant to the provisions of HR 150, the Honorable Robert (Bobby) Pafford, former member of the House of Representatives and newly-elected member of the Public Service Commission, appeared upon the floor of the House and addressed the members thereof.
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 30. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide credit for certain service under certain conditions; and for other purposes.
The following Committee amendment was read and lost:
The Committee on Retirement moves to amend HB 30 as follows:
By inserting in the title in line 6 on page 1 after "foregoing;" the following: "to provide that no credit for certain prior service shall be given except under certain circumstances;".
By redesignating Section 3 as Section 4 and adding a new Section 3 to read as follows:
"Section 3. No credit shall be given any member for prior service pursuant to Section 2 of this Act until the General Assembly has made funds available to amortize the prior service liability."

1352

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Lambert of the 25th moves to amend HB 30 as follows:

By adding in the title before the words: "to repeal conflicting laws", the words: "to provide an effective date";

By adding a new section to be known as Section 3 to read as follows:

"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.";

and by renumbering the present Section 3 as Section 4.

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, John Adams, Marvin Alexander, W. H. Atherton Barfield Battle Bennett, J. T. Berry Black Blackshear Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, S. P. Buck Burruss Carr Carter Chance Chandler Chappell Cheeks Clements Cole Colwell Coney, G. D.

Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Fraser Gaynor Grahl Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris

Harrison Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Keyton King Knowles Lambert Larsen, W. W. Leggett Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R.

Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Murphy Nessmith. Nunn Patterson

WEDNESDAY, FEBRUARY 24, 1971

1353

Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Rainey Reaves Roach Rush Russell, A. B. Russell, W. B. Salem Savage Shepherd Sims

Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Thomason Toles Tripp Turner Vaughn Ware Wheeler, J. A. Wilson

Those voting in the negative were Messrs.

Adams, G. D. Alien Bell Bohannon Brown, C. Busbee Collins, S. Dean, Gib Egan Gary Geisinger

Gignilliat Jones, Herb Knight Kreeger Lane, W. J. Larsen, G. K. Lee, W. S. Mason Mullinax Noble Odom

Potts Ross Stephens Sweat Townsend Westlake Whitmire Williams Wood

Those not voting were Messrs.:

Alexander, W. M. Bennett, Tom Brantley, H. H. Bray Collier Collins, M. Dailey Dean, J. E. Floyd, J. H, Floyd, L. R. Granade Gunter

Hawes Jordan Lane, Dick Lee, W. J. (Bill) Le vitas Longino McDonald Moore Northcutt Oxford Pearce Pickard

Pinkston Russell, H. P. Scarborough Shanahan Sherman Thompson Triplett Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 130, nays 31.

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

1354

JOURNAL OF THE HOUSE,

HB 631. By Mr. Buck of the 84th:
A Bill to be entitled an Act to authorize 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.

An amendment, offered by Mr. Ham of the 33rd, 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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Busbee Carr Carter Chance Chandler Chappell Cheeks Clements

Cole Collier Collins, M. Collins, S. Cowell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade

Grantham Greer Griffin Hamilton Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jones, J. R. Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey

Marcus Mason Matthews, C. Maxwell McCracken McDaniell Melton Merritt Miles Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn, Odom Oxford Patterson Patten

WEDNESDAY, FEBRUARY 24, 1971

1355

Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole
Potts Rainey Reaves
Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Sherman Sims

Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Larsen, G. K.

Savage

Those not voting were Messrs.:

Adams, G. D. Barfield Bennett, Tom Dailey Dean, J. E. Drury Egan Gunter Hadaway Ham Harrington Hawes

Hood
Hudson, C. M. Jessup Johnson Jones, Herb Knowles Levitas Longino Matthews, D. R. Muldin McDonald Milford

Moore Murphy Northcutt Scarborough Shepherd Smith, J. R. Townsend Triplett Tripp Wamble Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 2.

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

HB 509. By Messrs. Cole of the 3rd and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for a 12 month permit for loads exceeding the length and width limits involving materials or commodities; and for other purposes.

1356

JOURNAL OF THE HOUSE,

Mr. Cole of the 3rd asked unanimous consent that the engrossment of HB 509 be withdrawn.

The consent was granted.

The following substitute, offered by Mr. Cole of the 3rd, was read and adopted:
A BILL
To be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, by an Act approved February 21, 1951 (Ga. Laws 1951, p. 772), an Act approved March 3, 1955 (Ga. Laws 1955, p. 392), an Act approved February 13, 1956, (Ga. Laws 1956, p. 83), an Act approved February 4, 1959 (Ga. Laws 1959, p. 27), an Act approved February 17, 1964 (Ga. Laws 1964, p. 83), an Act approved March 12, 1965 (Ga. Laws 1965, p. 206), an Act approved February 21, 1968 (Ga. Laws 1968, p. 30), and an Act approved April 24, 1969 (Ga. Laws 1969, p. 637), so as to provide for twelve-month permits for loads exceeding the width limits of cotton, concrete pipe, plywood and tobacco in hogsheads; to provide fees there for; to provide that such loads may not be operated on the National System of Interstate and Defense highways; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, by an Act approved February 21, 1951 (Ga. Laws 1951, p. 772), an Act approved March 3, 1955 (Ga. Laws 1955, p. 392), an Act approved February 13, 1956 (Ga. Laws 1956, p. 83), an Act approved February 4, 1959 (Ga. Laws 1959, p. 27), an Act approved February 17, 1964 (Ga. Laws 1964, p. 83), an Act approved March 12, 1965 (Ga. Laws 1965, p. 206), an Act approved February 21, 1968 (Ga. Laws 1968, p. 30), and an Act approved April 24, 1969 (Ga. Laws 1969, p. 637) is hereby amended by adding at the end of subsection (d) of Section 1 the following:
"(6) Twelve-month permit for loads of cotton, concrete pipe, plywood and tobacco in hogsheads not to exceed nine (9) feet wide.------------_-_.__.$25.00
Provided, that such loads may not be operated on the National System of Interstate and Defense highways."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

WEDNESDAY, FEBRUARY 24, 1971

1357

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Cheeks Clements Cole Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards

Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Logan

Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells

1358
Strickland Sweat Thomason Thompson Toles

JOURNAL OF THE HOUSE,

Tripp Turner Vaughn Ware Westlake

Wheeler, Bobby Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. M. Conger

Lambert Larsen, G. K.

Mason

Those voting in the negative were Messrs. :

Blackshear Carr Chappell Collins, S. Cook Dailey Dean, J. E. Hood Hudson, C. M. Isenberg

Jones, Herb Jordan Larsen, W. W. Levitas Lewis Longino Murphy Patten Phillips, G. S. Pickard

Reaves Savage Scarborough Snow Stephens Townsend Triplett Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 5.

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

By unanimous consent, HB 509, by substitute, was ordered immediately transmitted to the Senate.

Mr. Lane of the 101st stated that he had inadvertently voted "aye" on the passage of HB 509, by substitute, but intended to vote "nay".

HB 337. By Messrs. Collins and Geisinger of the 72nd, Ployd, Westlake, Davis and Granade of the 75th and many others:
A Bill to be entitled an Act to amend Code Section 34A-501, relating to elector's qualifications; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State of Reepublic moves to amend House Bill No. 337 as follows:
Section 1.--Line 19: by inserting a comma after the word

WEDNESDAY, FEBRUARY 24, 1971

1359

"county," and adding the words "and the county shall be required to furnish this list."

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, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley

Howard Howell Hudson, Ted Hutchinson Isenberg Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer

1360
Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. E. Pickard Pinkston Poole Potts

JOURNAL OF THE HOUSE,

Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens

Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Blackshear Buck Dailey Dixon Hudson, C. M.

Jessup Johnson Jones, Herb Longino Murphy Patten

Reaves Shanahan Smith, J. R. Townsend Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 176, nays 0.

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

HB 372. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend an Act providing for the control and operation of clinical laboratories, so as to include blood banks and tissue banks within the present definition of clinical laboratory; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

WEDNESDAY, FEBRUARY 24, 1971

1361

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

The following Resolution of the House was read and adopted:

HR 258. By Messrs. Miller of the 83rd, Evans, Pinkston, Brown and Bennett of the 81st and Coney of the 82nd:
A RESOLUTION
Commending the City of Macon and Mr. Clifton Pettiford in their efforts to promote that city's ecology, and proclaiming February 22 through February 26 as "Ecology Week" in the City of Macon; and for other purposes.
WHEREAS, the City of Macon has taken giant strides in its efforts to preserve and promote the ecology of that lovely city; and
WHEREAS, to dramatize the need for acting now to preserve God's gifts, the city fathers have obtained the services of Dr. Leland Chandler, a nationally known ecologist of Purdue University, who will appear on Macon television and speak at a city hall meeting to outline his views and suggestions for combating pollution; and
WHEREAS, the City of Macon has designated the week of February 22 through February 26 as "Ecology Week"; and
WHEREAS, Mr. Clifton Pettiford and the City of Macon deserve high praise and commendation for their efforts in promoting ecology; and
WHEREAS, it is only fitting and proper that February 22 through February 26 to be designated as "Macon Ecology Week".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the City of Macon and Mr. Clifton Pettiford for their efforts in promoting its ecology, and further, this Body hereby designates February 22 through February 26 as "Macon Ecology Week".
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the governing authority of the City of Macon and to Mr. Clifton Pettiford.

The Speaker announced the House recessed until 1:30 o'clock, P. M. AFTERNOON SESSION
The Speaker Pro Tern called the House to order.

1362

JOURNAL OF THE HOUSE,

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 7. By Senators London of the 50th and Abney of the 53rd:
A Bill to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by adverse possession in regard to certain classes of property; to repeal conflicting laws; 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 374. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Section 88-502.15, relating to notice of actions to be taken in regard to mentally ill persons, as to delete the requirement that notice by mail be by registered or certified mail, and to provide for the recording of the date and hour of mailing of said mail; and for other purposes.

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, John Alexander, W. H. Alien Atherton Battle Bell Berry Black Bostick Brown, C.

Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks

Clements Cole Collins, S. Colwell Coney, G. D. Conger Connell Davis, W. Dean, Gib Dean, J. E.

Dean, N. Dent Dixon Dorminy Edwards Egan Evans Farrar Floyd, L. R. Gary Gaynor Geisinger Gignilliat Granade Grantham Griffin Gunter Ham Harrington Harrison Hawes Hays Hill, G. Hudson, Ted Hutchinson Isenberg Johnson Jones, J. R. Jordan Keyton Knowles

WEDNESDAY, FEBRUARY 24, 1971

1363

Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Noble Nunn Oxford Patterson Pearce Peters

Phillips, G. S. Pickard Pinkston Poole Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Sweat Thomason Toles Triplett Tripp Turner Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Voting in the negative was Mr. Grahl.

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Barfield Bennett, J. T. Bennett, Tom Blackshear Bohannon Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Collier Collins, M.

Coney, J. L. Cook Dailey Daugherty Davis, E. T. Drury Ezzard Felton Floyd, J. H. Fraser Greer Hadaway Hamilton Harris Hill, B. L. Hood

Horton Housley Howard Howell Hudson, C. M. Jessup Jones, Herb King-
Knight Lane, W. J. Lee, W. S. Lewis Longino Matthews, D. R. McDaniell Moore

1364
Mullinax Murphy Nessmith Northcutt Odom Patten Phillips, L. L. Phillips, W. R. Potts

JOURNAL OF THE HOUSE,

Rainey Reaves Savage Scarborough Shanahan Shepherd Sorrells Strickland Thompson

Townsend Vaughn Wamble Ware Westlake Wilson Mr. Speaker

On the passage of the Bill, the ayes were 121, nays 1.

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

HB 222. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities and counties to establish sepa rate or joint planning commissions, so as to provide that the division of land into parcels where no new street is involved and the resultant lots are equal to standards of the municipality or county in which the division of land shall not be included within the meaning of the term "subdivision"; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, so as to provide that a plan ning commission may prepare and recommend for adoption by the ap propriate governing authority or authorities rules and regulations to exclude the division of land into parcels where no new street is involved and the resultant lots are equal to the standards of the municipality or county in which the division of land is being made from the meaning of the term "subdivision" as used within said Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act authorizing the governing authorities of the sev eral municipalities and counties of this State to establish separate or joint planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, is hereby amended by adding at the end thereof the following:

WEDNESDAY, FEBRUARY 24, 1971

1365

"In addition, a planning commission may also prepare and recommend for adoption by the appropriate governing authority or authorities rules and regulations to exclude the following from the definition:
1. The division of land into parcels where no new street is in volved and the resultant lots are equal to the standard of the mu nicipality or county in which the division of land is being made.",

so that when so amended, Section 26 shall read as follows:
"Section 26. Definitions: For purposes of this Act the term 'street' or 'streets' means, relates to, and includes streets, avenues, boulevards, roads, highways, expressways, lanes, alleys, and other ways; 'subdivision' means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the pur pose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate to the context, relates to the process of sub dividing or to the land or area subdivided; provided, however, that the following are not included within this definition:
1. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the municipality;
2. The division of land into parcels of five acres or more where no new street is involved.
In addition, a planning commission may also prepare and recom mend for adoption by the appropriate governing authority or au thorities rules and regulations to exclude the following from the definition:
1. The division of land into parcels where no new street is involved and the resultant lots are equal to the standard of the municipality or county in which the division of land is being made."
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, G. D. Adams, John Adams, Marvin Alexander, W. H.

Alexander, W. M. Alien Atherton Barfield

Battle Bell Bennett, J. T. Bennett, Tom

1366
Berry Black Black shear Bohannon Bond Bostick Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Cole Collins, M. Collins, S. Coney, G. D. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dorminy Egan Evans Farrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Gunter Hadaway

JOURNAL OF THE HOUSE,

Ham Harrington Harris Harrison Hill, B. L. Hood Horton Howard Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer

Mulherin Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sweat Thomason Thompson Toles Triplett Tripp Turner Westlake Wheeler, J. A.

Those not voting were Messrs. :

Bowen Brantley, H. H. Bray Brown, B. D. Clements Collier Colwell Coney, J. L. Conger

Cook Dailey Dean, J. E. Dean, N. Dixon Drury Edwards Ezzard Floyd, L. R.

Granade Greer Griffin Hamilton Hawes Hays Hill, G. Housley Howell

Hudson, C. M. Johnson Jones, Herb Jordan Knight Larsen, W. W. Levitas Longino Moore Mullinax

WEDNESDAY, FEBRUARY 24, 1971

1367

Murphy Potts Rainey Savage Shanahan Snow Sorrells Stephens Strickland Townsend

Vaughn Wamble Ware Wheeler, Bobby Whitmire Williams Wilson Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 0.

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

HB 535. By Mr. Lee of the 21st:
A Bill to be entitled an Act to amend an Act regulating employment of children, as amended ,so as to permit the employment of certain minors under the age of 14 years in certain occupations; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 470. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act relating to private passenger automobiles; to define "private passenger automobile"; to create a manufacturer's warranty as to standards of safety concerning the ability to sustain shock; and for other purposes.

The following substitute, offered by Mr. Gaynor of the 88th, was read and adopted:
A BILL
To be entitled an Act relating to private passenger automobiles; to define "private passenger automobile"; to create a manufacturer's

1368

JOURNAL OF THE HOUSE,
warranty as to standards of safety concerning the ability to sustain shock; to provide, in lieu of the warranty, certification by the manu facturer of compliance with the energy absorption standards pro vided; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Definitions. For the purposes of this Act, the term "pri vate passenger automobile" shall mean a four-wheeled motor vehicle designed principally for carrying passengers not for hire, for use on public roads and highways, and not designed for use principally as a dwelling or for camping.
Section 2. Warranty on Sale and Manufacture of Automobile; Energy Absorption System. Every private passenger automobile manu factured on and after January 1, 1973, which is sold or licensed in the State of Georgia, shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system and that, without compromising existing standards of passenger safety, it can be driven directly into a standard Society of Automotive Engineers (SAE J-850) test barrier at a forward speed of five (5) miles per hour and a reverse speed of two and one-half (2%) miles per hour without sustaining any damage to the automobile.
Section 3. Exceptions. The warranty provisions of this Act shall not be applicable with respect to any private passenger automobile as to which the manufacturer files a written certification under oath with the State Department of Public Safety, on a form to be prescribed by that Department, that the particular make and model described therein complies with the applicable standards of this Act.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 103, nays 0.

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

HB 451. By Messrs. Noble of the 73rd, Marcus of the 105th, Farrar of the 77th, Hawes of the 95th, Salem of the 51st, Geisinger of the 72nd, Jordan of the 74th and many others:
A Bill to be entitled an Act to amend Code Section 92-3109, relating to

WEDNESDAY, FEBRUARY 24, 1971

1369

deductions from gross income for the purpose of computing net income for income tax purposes, so as to provide that the term "medical care" shall also mean and include amounts paid for the cost of attending a special school for the mentally or physically handicapped; and for other
purposes.

The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend HB 451 as follows: By adding after the word "school" in line 7, page 1, the'words "or
tutoring". And by adding after the word "school" in line 17, page 2, the words
"or tutoring".
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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 451, as amended, was ordered immediately trans mitted to the Senate.
HB 124. By Mr. Ware of the 30th: A Bill to be entitled an Act to amend an Act known as the "Georgia Mili tary Forces Reorganization Act of 1955", so as to provide for a minimum base pay; and for other purposes.
The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules,

1370

JOURNAL OF THE HOUSE,

the following Bills of the House were taken up for consideration and read the third time:

HB 424. By Messrs. Nunn of the 41st, Pinkston of the 81st, Knowles of the 22nd and Levitas of the 77th:
A Bill to be entitled an Act to amend Code Chapter 59-7, relating to petit jurors for the trial of civil and criminal cases, so as to reduce the numbe of jurors for the trials of misdemeanors in courts other than superior courts; and for other purposes.

By unanimous consent, further consideration of HB 424 was postponed until February 25, 1971.

HB 360. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to provide for the authentication and admissibility of medical records or copies thereof for use as evidence; and for other purposes.
The following amendment was read and adopted:
Mr. Smith of the 3rd moves to amend HB 360 by striking from the caption on lines 3 and 4 the words "shall constitute prima facie evidence under certain circumstances" and by striking Section 2 (a), page 2 in its entirety and by inserting in lieu thereof a new Section 2 (a) to read as follows:
"2 (a). Medical records, or reproductions thereof, when duly certified by the custodians thereof, need not be identified at the trial and may be used in any manner in which records identified at the trial by the custodian could be used."

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, G. D. Alexander, W. M. Atherton Battle Bell Berry Black Blackshear Brantley, H. H.

Bray Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chandler Chappell

Cheeks Cole Collier Collins, S. Colwell Coney, G. D. Conger Connell Davis, W.

Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Granade Grantham 'Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hays Housley Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Keyton King

WEDNESDAY, FEBRUARY 24, 1971

1371

Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford

Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Pickard Potts Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Sherman Sims Smith, H. R. Smith, V. T. Sweat Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, John Alexander, W. H. Bennett, Tom Bohannon Bond

Brantley, H. L. Brown, B. D. Daugherty Davis, E. T. Fraser

Hamilton Hill, B. L. Shepherd

Those not voting were Messrs.:

Adams, Marvin Alien Barfield Bennett, J. T. Bostick Bowen Buck

Carter Clements Collins, M. Coney, J. L. Cook Dailey Dean, J. E.

Drury Floyd, J. H. Gignilliat Grahl Hawes Hill, G. Hood

1372
Horton Howard Hudson, C. M. Jones, Herb Jordan Lambert Levitas Lewis Longino McCracken

JOURNAL OF THE HOUSE,

Noble Peters Phillips, G. S. Pinkston Poole Rainey Russell, H. P. Scarborough Smith, J. R. Snow

Sorrells Stephens Strickland Thomason Thompson Townsend Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 133, nays 13.

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

Mr. Blackshear of the 91st stated that he had inadvertently voted "aye" on the passage of HB 360, as amended, and wished to be recorded as voting "nay".

HB 527. By Mr. King of the 86th:
A Bill to be entitled an Act to amend Code Chapter 84-3, relating to ex amination and registration of architects, so as to change the provisions relating to fees for examination and certificates; and for other purposes.

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

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

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell

Cheeks Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Dean, N. Dent Dorminy Edwards

Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer
Griffin Ham Hamilton Harrington
Harris Harrison Hawes Hill, B. L.
Hood Horton Housley Howard
Hutchinson Isenberg Johnson Jones, J. R. Jordan Keyton King Knight
Knowles

WEDNESDAY, FEBRUARY 24, 1971

1373

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C.
Matthews, D. R. Mauldin Maxwell Melton
Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy
Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce
Peters

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Rush Russell, A. B. Russell, H. P.
Russell, W. B. Salem Savage Shanahan Shepherd
Sherman Sims Smith, H. R. Smith, V. T. Stephens
Sweat Thomason Thompson
Toles Triplett Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Bell Buck Clements Collins, M. Cook Dailey Davis, W. Dean, Gib Dean, J. E. Dixon
Drury Gunter Hadaway

Hays Hill, G. Howell Hudson, C. M. Hudson, Ted Jessup Jones, Herb Levitas Longino McCracken McDaniell Moore Noble McDonald

Phillips, G. S. Reaves Ross Scarborough Smith, J. R.
Snow Sorrells Strickland Townsend
Tripp Wamble Mr. Speaker

1374

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 155, nays 0.

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

HB 599. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 27-18, relating to nolle prosequi, so as to provide for the direction of verdicts of acquittal in criminal cases; and for other purposes.

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, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell

Cheeks Cole Collier Coiling, M. Collins, S. Colwell Coney, G. D. Conger Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham

Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hill, B. L. Hood Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jones, J. R. King-
Knight Knowles Krefiger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

WEDNESDAY, FEBRUARY 24, 1971

1375

Leggett Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble

Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan

Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Sweat Thomason Thompson Toles Townsend Triplett Turner Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Blackshear Clements Coney, J. L. Cook Dailey Davis, W. Dean, J. E. Dixon Drury Hays

Hill, G. Hudson, C. M. Jessup Johnson Jones, Herb Jordan Keyton Levitas Lewis Longino McDonald

Pickard Pinkston Russell, H. P. Snow Sorrells Strickland Tripp Wamble Wheeler, Bobby Mr. Speaker

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

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

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

HB 126. By Mrs. Merritt of the 46th, Messrs. Matthews and Patten of the 63rd, Grantham of the 55th, Hudson of the 48th, Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia

1376

JOURNAL OF THE HOUSE,

Food Act", so as to define the term "food sales establishment"; and for other purposes.

The following Senate amendments were read:
Senator Smith of the 34th moves to amend HB 126 by renumbering Section 4 as Section 5 and by adding a new Section 4 to read as follows:
"Section 4. This Act shall be limited to those communities where local governmental agencies fail to have effective health, food and sanitation regulations as determined by the State Board of Health."
Senator Webb of the llth moves to amend HB 126 by amending the Committee amendment by adding thereto, at the end of said amend ment, the words "and not".
The Senate Committee on Agriculture moves to amend HB 126, so as to insert in Section 3 of said Bill, on line 15 of page 2, following the words "suspended or revoked", the following:
"except for health and sanitation reasons and violations of the Georgia Food Act, approved February 23, 1956 (Ga. Laws 1956, p. 195), as amended,".

Mrs. Merritt of the 46th moved that the House disagree to the Senate amendments.

The motion prevailed and the Senate amendments to HB 126 were disagreed to.

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.

THURSDAY, FEBRUARY 25, 1971

1377

Representative Hall, Atlanta, Georgia Thursday, February 25, 1971

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 Father Thomas A. McCarthy, Pastor, Holy Trinity Catholic Church, Swainsboro, Georgia:
O Almighty Father, who created the earth and ordained it in Your goodness that it should be governed by men for Your praise and glory and our use, look favorably on us and our work this day. We thank You for the many blessings that You have given to us, most of which we take so much for granted, our life, our country and our State. You have blessed us both as a nation and as a State with many natural resources. Help us to appreciate these wonderful gifts and teach us to use them for our betterment and not for our own destruction. Give these men gathered here today, wisdom in this all important work that they do, as You gave to Moses and David, for just as You called them to lead Your people, so these men have been elected by us to guide our State in this present day. Give us the courage to stand for our con victions but also the openness of mind to see another's point of view and the humility to change. At times, Father, the going gets rough as You well know, so save us from discouragement and the spirit of de featism. Renew within us a spirit of dedication to You and our fellow man, a spirit of patriotism that drives us to work for the improvement of our State and a spirit of zeal for the welfare of all Georgians. Loving Father forgive us our faults that hold us back from drawing closer to You and one another. Help us to see in our work Your guiding hand and a sharing in Your continuing creation. Lord make this a fruitful day so that if we are called tonight to You we can look back and not count this day as lost but can hear the words "Well done thou good and faithful servant."
We offer this prayer in the name of Jesus Christ our Lord. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton Barfield Battle Bell

Bennett, J. T. Beanett, Tom Berry Black Bohannon
Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck
Burruss Busbee Carr Carter Chance

1378
Chandler Chappell Cheeks Clements Cole Collier Coiling, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat
Grahl
Granade
Grantham
Greer
Griffin
Gunter
Hadaway
Ham
Harrington
Harris
Harrison
Hawes
Hays
Hill, B. L.
Hood
Horton

JOURNAL OF THE HOUSE,

Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith
Noble
Northcutt

Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thompson
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Westlake
Wheeler, Bobby
Whitmire
Williams
Wilson
Wood

THURSDAY, FEBRUARY 25, 1971

1379

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

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

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

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, February 25, 1971, and submits the following:

HB

19. Criminals Trials, Accused Testify.

HB

20. Criminal Cases, State's Right to Appeal.

HB 111. G.B.L Division of the Department of Law.

HB 179. Legislative Retirement, Elect to be Member.

HR 74-212. Election-Voting, Residency Requirements.

HB 277. Accused Furnished List of Witnesses.

HB 340. Hunting and Fishing Licenses, Change Fees.

HB 375. Mentally 111, Taken into Custody.

HB 379. Road Construction Contracts, Escrow.

HR 135-385. Convey Property, Cobb County.

HB 398. Motor Vehicle Operator, Intoxicated.

HB 399. Motor Vehicle Operator, Intoxicated.

HB 424. Misdemeanor, Reduce Number of Jurors.

HR 144-425. Misdemeanor Cases, Jury.

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JOURNAL OF THE HOUSE,

HB 472. Counties and Cities, Levy Excise Taxes.

HB 473. Jekyll Island Park, Lease Land.

HB 475. Elective Official, Offer for Another Office.

HB 506. Vocational Education, Define "Workshop".

HE 177-530. Code of Georgia, Relative to.

HB 551. Criminal Trials, Mentally 111.

HB 591. Grounds for New Trials, Cross Examination.

HB 618. Modular Homes, Use of Highways.

HB 688. Sales Tax, Exempt Sacred Scripture.

HB 723. Wine, Exempt Certain Wines from Tax.

HB 725. Sales Tax, Non-Business Property.

HB 762. Sales Tax, Non-Profit Hospital.

SB

3. Georgia Surface Mining, License Fees.

SB

22. Firemen's Pension Fund, Benefits.

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.

Pursuant to the provisions of Code Chapter 47-10, as amended, the following communications from the Honorable Ben W. Fortson, Jr., Secretary of State, were received:
SECRETARY OF STATE STATE CAPITOL Atlanta February 25, 1971
Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Jack:
I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearances from 4:30

THURSDAY, FEBRUARY 25, 1971

1381

P.M. Friday, January 14, 1971, until 10:00 A.M. Monday, February 22, 1971, pursuant to Act No. 1294, Georgia Laws, 1970.

With best wishes, I am

Enclosures

Sincerely your friend, /s/ Ben W. Fortson, Jr.
Secretary of State

OFFICE OF SECRETARY OF STATE
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the nine pages of photographed matter hereto attached contain the names of those persons (numbered 164--249), along with the respective persons, firms, corporations or associations they represent, who have registerd in the Docket of Legislative Appearances, as of 10:00 A.M. Monday, February 22, 1971, pursuant to Act No. 1294, Georgia Laws, 1970. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 25th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-One and of the Independence of the United States of America the One Hundred and Ninety-Fifth.

/s/ Ben W. Fortson, Jr. Secretary of State

164. Mrs. Margaret L. Whittemore REGISTERED AGENT 1. Georgia Association AIA 2. North Georgia Chapter, AIA 1416 Peachtree Center Tower Atlanta, Georgia 30303

165. Sims Garrett Georgia Motor Trucking Association 500 Piedmont Avenue, N.E. Atlanta, Georgia 30308

166. M. C. Petersen Gilman Paper Co. St. Marys, Georgia 31558

167. John E. Dougherty City of Atlanta 2614 First National Bank Tower Atlanta, Georgia 30303

168. R. P. "Pat" Campbell

REGISTERED AGENT

1. Self

2. Building Material Merchants Association of Georgia, Inc.

3. City of Covington, Georgia

. . >.

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JOURNAL OF THE HOUSE,

4. Newton County, Georgia 5. Union Oil Company 6. Georgia Forestry Association P. 0. Box 186 Covington, Georgia 30209
169. Dorothy Knox (Mrs. John) League of Women Voters of Georgia 4883 Roswell Road, N.E. Apartment H-3 Atlanta, Georgia 30342
170. David C. Powell REGISTERED AGENT 1. Piping Promotion Trust 2. Atlanta Mechanical Contractors Association 742 Ponce de Leon Place Atlanta, Georgia 30306
171. William F. Morie Georgia Automobile Dealers Association 723 Hartford Building Atlanta, Georgia 30303
172. W. A. Binns Union Camp Corporation P. O. Box 570 Savannah, Georgia 31402

173. C. B. Daniel, Jr. Georgia Kraft Co. P. 0. Box 1551 Rome, Georgia 30161

174. James A. May Georgia Kraft Co. Mead Road Macon, Georgia 31204

175. Harvey Hill Georgia Bankers Association, Trust Division Citizens & Southern National Bank Atlanta, Georgia 30302

176. George E. Swanson, Jr. Georgia Bankers Association, Trust Division First National Bank of Atlanta Atlanta, Georgia 30302

177. Murphy M. Holloway, Jr. Georgia Bankers Association, Trust Division Trust Company of Georgia Associates Atlanta, Georgia 30302

178. C. L. Hawkins

Home Transportation

!

391 Main Street

Canton, Georgia 30114

THURSDAY, FEBRUARY 25, 1971

1383

179. Harold F. Jackson The Great Atlantic & Pacific Tea Co., Inc. 4081 Windsor Castle Way Decatur, Georgia 30034
180. John G. Davis Redman Industries, Inc. P. O. Box 1127 Americus, Georgia 31709
181. Carlos Gay, Jr. G & S Realty Company P. O. Box 1399 Americus, Georgia 31709
182. Norman Kinsler Georgia Industrial Loan Association P. O. Box 1222 Atlanta, Georgia 30301
183. Jane Yarn (Mrs. Charles) 881 West Conway Road, N.W. Save America's Vital Environment Atlanta, Georgia 30327
184. Edward W. Killorin Georgia State Chamber of Commerce 4000 First National Bank Tower Atlanta, Georgia 30303
185. John L. Erickson Ford Motor Co. 225 Peachtree Street, N.E. Atlanta, Georgia 30303
186. Edmund W. Hughes Georgia Safety Council 508 Hartford Building Atlanta, Georgia 30303
187. James S. Schell Greater Macon Chamber of Commerce P. O. Box 169 Macon, Georgia 31202
188. Thomas A. Slaughter, Jr. First National Bank of Atlanta Georgia Bankers Association, Trust Division Atlanta, Georgia 30302
189. R. William Ide Housing Authority of the City of Atlanta 2500 Trust Company of Georgia Building Atlanta, Georgia 30303
190. R. B. Attridge Housing Authority of the City of Atlanta 2500 Trust Company of Georgia Building Atlanta, Georgia 30303

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JOURNAL OF THE HOUSE,

191. Gregory G. Kergosien The Upjohn Company 1554 North Springs Drive Dunwoody, Georgia 30338
192. Thomas H. Roberts Fulton County Teachers Association 4365 Hidden Court College Park, Georgia 30337
193. Mrs. Geneva H. Brinson Self P. O. Box 239 Atlanta, Georgia 30301
194. Al S. Hill Georgia Association of Assessing Officials 1010 Skyline Drive Griffin, Georgia 30223
195. Miss Mary Jane Brock Sierra Club 2629 Arden Road, N.W. Atlanta, Georgia 30327
196. W. T. Cullen Home Builders Association of Georgia Georgia Power Building Macon, Georgia 21201
197. C. G. "Mike" Bender Georgia Dairy Association, Incorporated P. O. Box 458 Marietta, Georgia
198. James A. Shugart, Sr. 4745 Bakers Ferry Road, S. W. Atlanta, Georgia 30336 REGISTERED AGENT 1. Mark Inns 2. Georgia Hotel-Motel Association
199. Marguerite Ewing Schott REGISTERED AGENT 1. Marsh Draughon College 2. National Professional Truck Driver Training (A division of Ryder Systems, Inc.) P. O. Box 2186 Atlanta, Georgia 30301
200. Ben F. Williams The National Cash Register Company 5 Executive Park Drive, N. E. Atlanta, Georgia 30329
201. Reid W. Simmons The National Cash Register Company 5 Executive Park Drive, N. E. Atlanta, Georgia 30329

THURSDAY, FEBRUARY 25, 1971

1385

202. Dr. William R. Dyer Georgia Chiropractic Association 513 South Main Street Moultrie, Georgia 31768
203. Wm. S. McGill, Jr. Air Transport Association c/o Southern Airways, Inc. Atlanta Airport Atlanta, Georgia 30320
204. Tom Watson Brown REGISTERED AGENT
1. Georgia Association of Broadcasters 2. MARTA 3. Lake Lanier
205. D. A. Cunningham, Sr. Citizens Against Flouridation of Public Water Systems 135 Superior Avenue Decatur, Georgia 30032
206. Marie McGlaun Georgia School Food Service, Inc. 2917 Edgewood Road Columbus, Georgia 31906
207. W. N. Summerlin REGISTERED AGENT 1. Superior Court Clerks Retirement Fund Association 2. Justices of the Peace and Constables Association 421 West Church Street Sandersville, Georgia 31082
208. George Goodwin REGISTERED AGENT 1. MARTA 2. Atlanta Chamber of Commerce 3. Peachtree Center 2016 Peachtree Center Building Atlanta, Georgia 30303
209. Quinton S. King REGISTERED AGENT 1. Home Builders Association of Georgia 2. Home Builders Association of Metropolitan Atlanta 3. Georgia Association of Realtors
4. Cobb County Board of Realtors 2220 Atlanta Street, S. E. Smyrna, Georgia 30080
210. Peter L. Banks Atlanta Gas Light Company 235 Peachtree Street, N. E. Atlanta, Georgia 30303

1386

JOURNAL OF THE HOUSE,

211. Mrs. Wirt A. Jones Sierra Club 4500 Wieucca Road, N.E. Atlanta, Georgia 30342
212. Julian H. Clark National Automobile Theft Bureau 4 Executive Park Drive, N. E. Atlanta, Georgia 30305
213. Charles L. Floyd International Association of Machinists 853 Church Street Smyrna, Georgia 30080
214. W. E. Cobble Brotherhood of Locomotive Engineers 2427 Shenandoah Avenue, N. E. Atlanta, Georgia 30305
215. Lloyd T. Whitaker REGISTERED AGENT 1. Downtown Development Corporation 2. Cousins Properties Incorporated 3. Atlanta Air Rights Company 4. Atlanta-Fulton County Coliseum Management Company, Inc. 5. F. M. Air Rights Company 6. City Center, Inc. 300 Interstate North Atlanta, Georgia 30339
216. Carey P. DeDeyn American Insurance Association 3100 First National Bank Tower Atlanta, Georgia 30303
217. Jackson 0. Lamb General Telephone Company Box 809 Moultrie, Georgia 31768
218. William H. Hosch Fulton National Bank P. O. Box 4387 Atlanta, Georgia 30302
219. Louis Centofanti Sierra Club 436 Claire Drive, N. E. Atlanta, Georgia 30307
220. John A. Wallace Trust Company of Georgia 2500 Trust Company of Georgia Building Atlanta, Georgia 30303
221. Jim Martin Georgia Society of Certified Public Accountants 1504 William-Oliver Building Atlanta, Georgia 30303

THURSDAY, FEBRUARY 25, 1971

1387

222. J. E. Fain Colonial Stores P. 0. Box 4358 Atlanta, Georgia 30302
223. Wm. P. Trotter Association County Commissioners of Georgia P. 0. Box 1168 LeGrange, Georgia 30240
224. W. T. McDaniel ITT Rayonier Inc. P. 0. Box 528 Jesup, Georgia 31545
225. Wayne L. Haddock International Association of Fire Fighters, Local 574 Route 3, Box 425 Savannah, Georgia 31406
226. J. Thomas Swinea Augusta-Richmond County Government Study Committee 407 The Mid-South Building 360 Bay Street Augusta, Georgia 30901
227. Richard N. Hubert Georgia Psychological Association 2709 First National Bank Tower Atlanta, Georgia 30303
228. Carl W. Carruth Home Builders Association of Georgia 4686 North Stratford Oaks Drive Macon, Georgia 31204
229. W. Dan Greer REGISTERED AGENT 1. Association of Private Colleges and Universities in Georgia 2. Georgia Association of Independent Insurance Agents 3. Georgia Milk Producers, Inc. 4. Georgia Bankers Association 310 Fulton Federal Building Atlanta, Georgia 30303
230. D. C. Grefe Air Transportation Association 3041 Marne Drive, N. W. Atlanta, Georgia 30305
231. Wayne T. Elliott REGISTERED AGENT 1. Sperry & Hutchinson Co. 2. Pearle Optical Co. 4000 First National Bank Tower Atlanta, Georgia 30303
232. L. G. Folsom Atlanta Gas Light Co. 235 Peachtree Street, N. E. Atlanta, Georgia 30303

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JOURNAL OF THE HOUSE,

233. Katharine E. Wright Fulton County Republican Women's Club 97 Robin Hood Road, N. E. Atlanta, Georgia 30309
234. E. H. Downs Georgia Utility Contractors Association P. O. Box 283 Watkinsville, Georgia 30677
235. J. W. Bowman, Jr. Georgia Right to Life Committee, Inc. 6133-A New Peachtree Road Doraville, Georgia 30040
236. E. R. Murphey Home Builders Association of Georgia 2224 Anthony Road Augusta, Georgia 30904
237. Mrs. Victor Kramer Mothers for Education 1685 Dunwoody Trail, N.E. Atlanta, Georgia 30324
238. Henry B. Waters Home Builders Association of Georgia 323 Montgomery Crossroads Savannah, Georgia 31406
239. W. James Smith Home Builders Association of Georgia P. O. Box 13130 Savannah, Georgia 31406
240. I. D. Sanders Home Builders Association of Georgia 730 Wilmington Island Road Savannah, Georgia 31404
241. J. F. Weekley, Jr. Georgia Concrete Pipe Association P. 0. Box 748 Columbus, Georgia 31902
242. Richard L. Lane Home Builders Association of Georgia 1837-49th Street Columbus, Georgia 31904
243. Gretta M. Dewald Democratic Women of DeKalb 2231 Kodiak Drive, N. E. Atlanta, Georgia 30345
244. Woodrow W. Lavender Georgia Optometric Association P. 0. Box 40 Elberton, Georgia 30635

THURSDAY, FEBRUARY 25, 1971

1389

245. Mrs. Charles Rooney Citizens for Clean Air 1562 North Fulton Circle Norcross, Georgia 30071
246. Steve Nimmer REGISTERED AGENT 1. Georgia Automobile Dealers Association 2. Georgia Farm Equipment Association 3. 3M Co. P. 0. Box 269 Blackshear, Georgia 31516
247. Bill T. Hardman Hardman Travel Industries 2512 Equitable Building 100 Peachtree Street Atlanta, Georgia 30303
248. Mack Butler REGISTERED AGENT 1. Downtown Development Corporation 2. Cousins Properties Incorporated 3. Atlanta Air Rights Company 4. Atlanta-Fulton County Coliseum Management Company, Inc. 5. FM Air Rights Company 6. City Center, Inc. 300 Interstate North Atlanta, Georgia 30339
249. Ruby Zumbrook SAVE 318 Glendale Avenue Decatur, Georgia 30030
As of Monday, February 22, 1971, 10:00 A. M.

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

HR 256-799. By Mr. Lane of the 101st:
A Resolution creating the South Fulton Charter Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 257-799. By Mr. Lane of the 101st:
A Resolution creating the South Fulton Citizens Committee; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1390

JOURNAL OF THE HOUSE,

HB 800. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Henry County, so as to change the purchasing procedures; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 801. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of certain counties to create electrical examining boards, so as to change certain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 802. By Mr. Carr 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 compen sation of the full-time deputy tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 803. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to provide that in certain counties of this State the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of traffic laws within said coun ties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 804. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Section 88-108, relating to the Department of Public Health, its powers, duties and functions, so as to provide authority to the department to regulate and require the use of sanitary facilities at construction sites and places of public assembly; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 805. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ellaville, so as to change the office of the city clerk

THURSDAY, FEBRUARY 25, 1971

1391

recorder from an elected office to an appointed office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 806. By Messrs. Lane of the 101st, Savage of the 104th, Hawes of the 95th, Townsend of the 115th, Sims of the 106th and Felton of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, relating to the "Municipal Home Rule Act of 1965"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 807. By Messrs. Lane of the 101st, Hawes, Cook, Felton, Greer and Horton of the 95th, Townsend of the 115th, Sims of the 106th, Alexander of the 96th, Adams of the 100th and Savage of the 104th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 808. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Section 88-301, relating to punishment for violations of the provisions of Title 88, known as the "Georgia Health Code", so as to provide that any person violating the provisions of Code Title 88 shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 809. By Messrs. Floyd of the 7th, Murphy of the 19th, Busbee of the 61st and Harris of the 10th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Public Assistance Act of 1965", so as to change the provisions relat ing to the repayment of sums which have been paid to a person receiving public assistance under the provisions of this Act; and for other purposes.
Referred to the Committee on Appropriations.

HB 810. By Messrs. Matthews and Patten of the 63rd: A Bill to be entitled an Act to amend an Act creating the office of

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JOURNAL OF THE HOUSE,

Tax Commissioner of Colquitt County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 811. By Messrs. Brown, Pinkston and Bennett of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to authorize holders of public funds and clerks of court of certain counties who have monies deposited in the registry of their court to turn over such funds to the county treasurer or to the person performing the duties of county treasurer for invest ment; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 812. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to create a board of commissioners of Telfair County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 813. By Messrs. Wilson, Atherton, McDaniell, Housley, Kreeger and Burruss of the 117th:
A Bill to be entitled an Act to create the Downtown Marietta Develop ment Authority; to provide for the appointment of the members of the Authority and their terms of office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 814. By Messrs. Matthews of the 16th, Lambert of the 25th, Melton of the 32nd:
A Bill to be entitled an Act to amend Code Section 84-207, relating to the qualification as certified public accountants, so as to authorize the substitution of experience as a senior auditor in the State Department of Audits in lieu of the practical experience in public accounting present ly required; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 815. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner and his clerks; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, FEBRUARY 25, 1971

1393

HB 816. By Mr. Cole of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain parts of land lots Nos. 261, 272, 299, and 310 in the 12th district and 3rd section of Whitfield County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 817. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain parts of land lots Nos. 159, 185, 186, 259, and 260 in the 12th district and 3rd section of Whitfield Coun ty; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 818. By Mr. Jones of the 4th:
A Bill to be entitled an Act to change the method of election of the members of the Board of Education of Gilmer County, so as to provide for the election of members by the citizens of the entire county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 259-818. By Messrs. Nunn of the 41st, Levitas of the 77th, Geisinger of the 72nd, Atherton of the 117th, Larsen of the 42nd, Patten of the 63rd and Smith of the 3rd:
A Resolution urging the adoption of an efficient and equitable program for the abatement of water pollution; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 260-818. By Messrs. Nunn of the 41st, Levitas of the 77th, Geisinger of the 72nd, Atherton of the 117th, Larsen of the 42nd, Patten of the 63rd and Smith of the 3rd:
A Resolution urging the adoption of an efficient and equitable program for the abatement of water pollution; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 819. 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 mar keting orders issued pursuant to the above Act may provide for the

1394

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promotion of the marketing of surplus commodities through the estab lishment of surplus pools for any agricultural commodity; and for other purposes.
Referred to the Committee on Agriculture.

HB 820. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend Code Section 24-1801, relating to clerks of county ordinaries, so as to authorize the ordinaries in counties having a population between 20,600 and 21,000, to hire a clerk whose salary shall be paid from county funds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 821. By Mr. Lambert of the 25th:
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.
Referred to the Committee on Motor Vehicles.

HR 261-821. By Mr. Matthews of the 16th:
A Resolution compensating Mr. Bishop Goddard; and for other pur poses.
Referred to the Committee on Appropriations.

HR 262-821. By Mr. Burruss of the 117th:
A Resolution compensating Mr. Spurgeon Lindsey; and for other purposes.
Referred to the Committee on Appropriations.

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 267-825. By Mr. Harris of the 10th: A Resolution compensating Mary C. Abell; and for other purposes.
HR 268-825. By Mr. Bohannon of the 20th: A Resolution compensating John Williams Watts, Jr.; and for other purposes.

THURSDAY, FEBRUARY 25, 1971

13'95

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

HB 764. By Mr. McCraeken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 56-32, relating to property insurance, so as to provide the circumstances under which the amount of insurance set forth in certain insurance policies shall be taken conclusively to be the value of the property insured; and for other purposes.

HB 765. By Mr. McCraeken of the 36th:
A Bill to be entitled an Act to amend Code Section 56-2430.1, relating to the cancellation of certain insurance policies, so as to change certain definitions; and for other purposes.

HB 766. By Messrs. Atherton of the 117th and Busbee of the 61st:
A Bill to be entitled an Act to provide an alternative method, cumu lative to existing methods for extending municipal boundaries of munici palities having a population of 50,000 or more persons, to provide standards and conditions under which such method shall be applicable; and for other purposes.

HB 767. By Mr. Floyd of the 7th:
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 with respect to the purchase or use of cigars or cigarettes which are purchased for the patients of the Georgia War Veterans' Home and the Geaorgia War Veterans' Nursing Home; and for other purposes.

HB 768. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to require members of the General Assembly to file notice of their absence upon sessions of the General Assembly due to speaking engagements; to require such notices to contain certain information; and for other purposes.
HB 769. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the em ployment of a secretary for the sheriff's office; and for other purposes.
HB 770. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act creating a Small Claims Court in each county in this State having a population of not less than 8,700 and not more than 8,900; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 771. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to increase the compen sation of the deputy sheriff; and for other purposes.

HB 772. By Messrs. Jessup and Tripp of the 49th 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, so as to provide for a 12 month permit for loads exceeding the length and width limits involv ing materials or commodities which can be dismantled or separated; and for other purposes.

HR 244-772. By Messrs. Jessup and Tripp of the 49th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Pulaski County and for other purposes.

HB 773. By Messrs. Turner, Cole and Smith of the 3rd: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Chatsworth, so as to change the corporate limits of said City; and for other purposes.
HB 774. By Messrs. Turner, Cole and Smith of the 3rd: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Murray County; and for other purposes.
HB 775. By Messrs. Larsen of the 113th, Davis of the 86th, Westlake of the 75th, Geisinger and Collins of the 72nd and Stephens of the 103rd: A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt motor fuels from the tax levied by said Act; and for other purposes.
HB 776. By Messrs. Levitas, Russell, Farrar and Thomason of the 77th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to provide for an addi tional member of the Board of Education of the City of Decatur; and for other purposes.
HB 777. By Mr. Brantley of the 52nd: A Bill to be entitled an Act to amend an Act providing a supplemental salary for the ordinary of Candler County, so as to increase the supple mental salary of the ordinary; and for other purposes.

THURSDAY, FEBRUARY 25, 1971

1397

HB 778. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to provide that a taxpayer who has a piece of property extending into more than one county shall be entitled to pay all property taxes due on said property to the tax collector in the county where the majority of the property is located; and for other purposes.

HB 779. By Messrs. Rush and Salem of the 51st, Fraser of the 59th and Brantley of the 52nd:
A Bill to be entitled an Act to authorize the furnishing by the State Board of Corrections of a Deputy Clerk to assist the Clerk of the Superior Court of Tattnall County in the handling of habeas corpus litigation arising from State penal institutions within Tattnall County; and for other purposes.

HB 780. By Messrs. Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating the State Court of Colquitt County, so as to change the salary of the Judge of said Court and the Solicitor of said Court; and for other purposes.

HB 781. By Messrs. Wilson, Kreeger, Housley and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as provide for an additional judge; and for other purposes.

HB 782. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Paragraph 45 of Section 2 of the General Tax Act of 1935 (Ga. Laws 1935, p. 11), so as to eliminate the provision requiring the issuance of a certificate or duplicate receipt upon payment of the tax; and for other purposes.

HB 783. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for the collection of taxes im posed on wine through a revenue reporting system; and for other purposes.

HB 784. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act establishing a continuing capital fund from which loans to counties may be made to aid in de fraying the cost of property evaluation and equalization programs for

1398

JOURNAL OP THE HOUSE,

ad valorem tax purposes, so as to provide for the removal of the mone tary limit and the termination date on the capital fund; and for other purposes.

HB 785. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Paragraph 44 of Section 2 of the General Tax Act of 1935, so as to clarify the meaning of the phrase "volume of business" as it is used in said paragraph; and for other purposes.

HB 786. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend Section 68-260 of the Code of Georgia of 1933, relating to the registration and licensing of motor vehicles owned by the State and used for governmental purposes, so as to provide for "Five year license plates" in lieu of "permanent license plates" in said Act; and for other purposes.
HB 787. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend an Act approved February 3, 1938, known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to change the licensing requirements; and for other purposes.
HB 788. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend Code Sections 92-1403 and 92-1405 of the Georgia Code of 1933 relating to motor-fuel taxes, so as to provide for definitions; to provide for a certain exemption; to provide for the licensing of special aviation gasoline dealers; and for other purposes.
HB 789. By Messrs. Griffin and Conger of the 68th: A Bill to be entitled an Act to increase the membership of the Board of Education of Decatur County by two members; and for other purposes.
HB 790. By Messrs. Levitas of the 77th and Nunn of the 41st: 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 a tax credit or refund for certain taxpayers for sales taxes paid by said Taxpayers; and for other purposes.
HB 791. By Messrs. Levitas of the 77th and Nunn of the 41st: A Bill to be entitled an Act to amend an Act known as the "Georgia

THURSDAY, FEBRUARY 25, 1971

1399

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 792. By Messrs. Bennett of the 71st and Dean of the 13th:
A Bill to be entitled an Act to amend an Act providing for license and excise taxes upon the business of dealing in malt beverages, so as to provide that there shall be no excise tax upon the sales of draft beer dispensed on United States Military posts or reservations; and for other purposes.

HR 245-792. By Messrs. Vaughn of the 74th, Phillips of the 50th, Harris of the 10th, Collins of the 62nd, Grahl of the 40th, Rush of the 51st, Brantley of the 52nd, Westlake of the 75th, Lowrey of the 9th, Nessmith of the 44th, and others:
A Resolution proposing an amendment to the Constitution so as to clas sify real property as a separate class of tangible property for taxation purposes; and for other purposes.

HB 793. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to reincorporate the City of Monroe in the County of Walton; to create a new charter for said city; and for other purposes.

HB 794. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act placing the compensation of the Clerk of the Superior Court, the Ordinary and Coroner of Walton County on a salary basis in lieu of a fee basis, so as to change the compensation of the clerk of the superior court and the ordinary; and for other pur poses.

HB 795. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensa tion, so as to change the compensation of the sheriff; and for other purposes.
HB 796. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Walton County, so as to change the compensation of the tax commissioner; and for other purposes.
HB 797. By Messrs. Westlake, Davis and Floyd of the 75th, Larsen of the

1400

JOURNAL OF THE HOUSE,

113th, Noble of the 73rd, Lane of the 101st, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend Code Section 61-302, relating to summons served on defendants in proceedings against tenants holding over, as amended, so as to change the provisions relative to service of summons; and for other purposes.

HB 798. By Messrs. Westlake, Davis and Floyd of the 75th, Larsen of the 113th, Jones of the 4th, Noble of the 73rd, Lane of the 101st, Egan of the 116th, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend Code Title 26, known as the "Criminal Code of Georgia," so as to create the "Parental Responsibility Law"; and for other purposes.

HR 246-798. By Messrs. Westlake, Davis, Floyd and Granade of the 75th, Larsen of the 113th, Jones of the 4th, Noble of the 73rd, Egan of the 116th, Lane of the 101st, Collins and Geisinger of the 72nd:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law the instances, conditions, terms and circumstances in and under which reprieves, par dons and paroles shall be granted, penalties commuted, and sentences remitted for persons convicted of three or more offenses against the State; and for other purposes.

HB 799. By Messrs. McDaniell of the 117th and Chandler of the 34th: A Bill to be entitled an Act to be known as the "Out of State Land Sales Act"; to regulate the advertising sale or exchange in this State of real estate located in another State; and for other purposes.
SB 160. By Senator Adams of the 5th: A Bill to be entitled an Act to provide that in all civil cases two-thirds or more of the jurors concurring may return a valid and enforceable verdict; and for other purposes.
SB 169. By Senators Reynolds of the 48th, Kidd of the 25th and Brown of the 47th: A Bill to be entitled an Act to require each manufacturer of motor ve hicles in this State to place an identification upon such vehicles that they were manufactured in this State; and for other purposes.
SB 171. By Senators Chapman of the 32nd and Kennedy of the 4th: A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections, so as to provide that inmate trainees enrolled in

THURSDAY, FEBRUARY 25, 1971

1401

vocational training programs shall be authorized to repair privately owned vehicles and other equipment under certain circumstances; and for other purposes.

SB 173. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-204, which pro hibits any individual, partnership, person, firm or voluntary association from conducting a banking business without a charter or certificate, so as to provide that only a regularly chartered or certificated bank shall use the words "bank", "banker", etc.; and for other purposes.

SR 50. By Senators Reynolds of the 48th, Kidd of the 25th and Brown of the 47th:
A Resolution relative to the quality control of motor vehicles; and for other purposes.

SR 52. By Senators Smith of the 18th, Coggin of the 35th, and Gillis of the 20th: A Resolution creating the Intergovernmental Relations Study Com mittee; and for other purposes.
SR 56. By Senators Zipperer of the 3rd, Riley of the 1st, Kennedy of the 4th and others: A Resolution relative to identification cards for members of the Gen eral Assembly; and for other purposes.
SR 60. By Senators Coggin of the 35th and Patten of the 40th: A Resolution relative to ad valorem property taxes in Pulton County; and for other purposes.
SR 62. By Senator Kidd of the 25th: A Resolution urging the State Department of Public Health to investi gate the feasibility of transforming the Old Colony Farm at Milledgeville into an alcoholic rehabilitation center; 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

1402

JOURNAL OP THE HOUSE,

Bill of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 172. Do Pass. 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 73-212. Do Pass, as Amended. HR 48- 83. Do Pass, as Amended. HR 137-401. Do Pass, as Amended. HR 72-712. Do Not Pass. HR 33- 61. Do Not Pass. HR 66-168. Do Not Pass. HR 83-224. Do Pass. HR 9- 17. Do Pass. HR 139-425. Do Pass. HR 36- 64. Do Pass. HR 91-233. Do Pass. HR 97-244. Do Pass. HR 92-233. Do Pass. HR 175-526. Do Pass. HR 109-270. Do Pass. HR 89-233. Do Pass. HR 129-360. Do Pass. HR 167-482. Do Pass. HR 170-507. Do Pass. HR 134-385. Do Pass.
Respectfully submitted, Floyd of the 7th, Chairman.

THURSDAY, FEBRUARY 25, 1971

1403

Mr. Gaynor of the 88th 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 651. Do Pass. HB 447. Do Pass.

Respectfully submitted, Gaynor of the 88th, Chairman.

Mr. Farrar of the 77th 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 140. Do Pass, as Amended. HB 405. Do Pass. HB 38. Do Not Pass. HB 156. Do Not Pass.

Respectfully submitted, Farrar of the 77th, Chairman.

Mr. Farrar of the 77th 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 632. Do Pass. HB 634. Do Pass.

1404

JOURNAL OF THE HOUSE,

HR 143-425. Do Pass. HR 8- 17. Do Not Pass.

Respectfully submitted, Farrar of the 77th, Chairman.

Mr. Smith of the 3rd District, Chairman of the Committee on Health and Ecology submitted the following report:

Mr. Speaker:

Your Committee on Health and Ecology 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 42. Do Pass.

SB 65. Do Pass, as Amended.

HB 496. Do Pass.

HB 582. Do Pass.

HB 548. Do Pass.

Respectfully submitted,

Smith of the 3rd,

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 following Bills of the House and has instructed me to report same back to the House with the following recommendations:

HB 352. Do Pass.

HB 265. Do Pass.

HB 439. Do Pass.

HB 554. Do Pass.

HB 555. Do Pass, as Amended.

HB 492. Do Pass.

Respectfully submitted,

Pickard of the 84th,

Chairman.

THURSDAY, FEBRUARY 25, 1971

1405

Mr. Snow of the 1st 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 516. Do Pass.

Respectfully submitted,

Snow of the 1st,

Chairman.

Mr. Smith of the 39th District, Chairman of the Committee on Motor Ve hicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles 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 663. Do Pass.

HB 731. HB 732. HB 677. HB 772. HB 649. HB 735.

Do Pass. Do Pass. Do Pass. Do Pass. Do Not Pass. Do Pass.

Respectfully submitted,

Smith of the 36th,

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 Bill of the House and has instructed me to report same back to the House with the following recommendations:

HB 661. Do Pass.

Respectfully submitted,

Dorminy of the 48th,

Chairman.

1406

JOURNAL OP THE HOUSE,

Mr. Roach of the 10th District, Chairman of the Committee on Special Ju diciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 520. Do Pass.

HB 586. Do Pass.

SB 142. Do Pass, as Amended.

HB 676. Do Pass, as Amended.

HB 797. Do Pass.

HB 798. Do Pass.

HB 320. Do Pass.

HB 711. Do Pass.

Respectfully submitted, Roach of the 10th, Chairman.

Mr. Howell of the 60th District, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 537. Do Pass.
HB 274. Do Pass, by Substitute.
HB 768. Do Pass.
SB 102. Do Pass, by Substitute. Respectfully submitted, Howell of the 60th, Chairman.

THURSDAY, FEBRUARY 25, 1971

1407

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 the University System of Georgia has had under con sideration the following Bills and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommenda tions :

HR 156-462. Do Not Pass.

HB 736. Do Pass.

HB 737. Do Pass.

HB 738. Do Pass.

SB

141. Do Pass, by Substitute.

Respectfully submitted,

Matthews of the 16th,

Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 44. By Messrs. Bennett of the 71st and Bostick of the 63rd: A Bill to amend Code Title 24, relating to courts, so as to provide that the clerks of the superior courts shall not be required to file any civil case or proceeding until a deposit has been made with said clerk on account of cost; and for other purposes.
HB 275. By Mr. Greer of the 95th: A Bill to amend Title 34 of the Code of Georgia, relating to elections, so as to change the date of the general primary; and for other purposes.

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

1408

JOURNAL OF THE HOUSE,

HB 163. By Messrs. Sherman of the 80th, Westlake of the 75th, Ware of the 30th, Shanahan of the 8th and Wood of the llth:
A Bill to amend the Georgia Insurance Code, so as to authorize any property, casualty, surety or allied lines agent, agency, or broker to charge, receive and collect on any unpaid premium account with a balance owing for 30 days or more, a service charge of 15^ per $10 computed on amounts unpaid from month to month or other regular period; and for other purposes.

HB 271. By Messrs. Shanahan of the 8th, Roach and Harris of the 10th:
A Bill to provide that in certain counties of this State, it shall be un lawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of aid of recorded calls or sounds; and for other purposes.

HB 278. By Messrs. Mulherin and Miles of the 78th, Connell and Dent of the 79th and Sherman of the 80th:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons so as to provide that counties shall be com pensated for the keep and confinement of prisoners who are participat ing in work release programs; and for other purposes.

HB 153. By Mr. Egan of the 116th:
A Bill to amend an Act known as the "Georgia Water Quality Con trol Act", so as to authorize the State of Georgia to make grants to any authority to assist same in construction of those portions of water pollution control projects which qualify for federal aid and assistance under certain federal Acts; and for other purposes.

HB 159. By Mr. Greer of the 95th:
A Bill to amend Code Section 56-1016, relating to investment by in surers in corporate bonds, debentures, notes and other evidences of in debtedness, so as to provide additional conditions under which such investments may be made; and for other purposes.

The Senate has adopted the following Resolution of the House, to-wit:

HR 250. By Messrs. Cook of the 95th, Vaughn of the 74th, Smith of the 43rd and many, many others:
A Resolution expressing regrets at the passing of Honorable William B. Hartsfield; and for other purposes.

THURSDAY, FEBRUARY 25, 1971

1409

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

SB 37. By Senator Ward of the 39th:
A Bill to create the Georgia Human Relations Commission; to provide for a short title; to repeal conflicting laws; and for other purposes.

SB 68. By Senators Holloway of the 12th, Gillis of the 20th, and Kid of the 25th:
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 emissions obscuring transmission of light beyond 30%; to provide for certain exemptions; and for other purposes.

SB 170. By Senator Hudgins of the 15th:
A Bill to amend an Act regulating driver training schools, so as to provide for an examination of driver training school instructors as an alternative to the educational requirements set forth in said Act; to repeal conflicting laws; and for other purposes.

SB 197. By Senator Broun of the 46th:
A Bill to amend the "Voluntary Sterilization Act", so as to provide that the consent of a parent shall not be required if such parent has not within six months of the filing of petition provided any support or maintenance to his child and said parent does not reside within the same household as the child; and for other purposes.

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

HB 84. By Mr. Atherton of the 117th and others:
A Bill to create an area-wide planning and development commission for all Standard Metropolitan Statistical Areas of this State having a population of more than 1,000,000; and for other purposes.

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

HB 469. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to amend an Act establishing the State Court of Hall County, so as to change and increase the terms of said court; and for otherpurposes.

1410

JOURNAL OF THE HOUSE,

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

SB 182. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act requiring all candidates for the General Assembly in counties having a certain population to designate and qualify for the seats in the General Assembly and to name their opponents; and for other purposes.

The report 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 720. By Mr. Ross of the 26th: A Bill to be entitled an Act to authorize the use of public funds of Wilkes County for the development of trade, commerce, industry and employment opportunities within Wilkes County; 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 726. By Messrs. Reaves, Barfield and Bennett of the 71st: A Bill to be entitled an Act to change the compensation of the Chair man and other members of the Board of Education of Brooks 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.

THURSDAY, FEBRUARY 25, 1971

1411

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

HB 727. By Messrs. Reaves, Bennett and Bar-field of the 71st:
A Bill to be entitled an Act to create and establish an Airport Au thority for the City of Quitman and Brooks County, and to authorize such authority to acquire and maintain all such facilities appertaining to such undertaking; and for other purposes.

The report 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 728. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the tax commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to personnel of the tax commissioner's office; to provide for the employment of personnel 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 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 729. By Mr. Strickland 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 change the terms of of fice of the City Commissioners elected from Wards No. 1, 2, 3, and 4; and for other purposes.

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

1412

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 730. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, as amended, so as to provide for the election of the Mayor by the voters of the City of Baxley; to provide that the municipal government shall be vested in a Mayor and six 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 120, nays 0.

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

HB 733. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Tift County, as amended, so as to provide for the election of chairman of the board of commissioners by the voters of Tift County for terms of 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 742. By Messrs. Brown and Melton of the 32nd and Adams and Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, as amended, so as to provide additional compensation to said court reporter; and for other purposes.

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

THURSDAY, FEBRUARY 25, 1971

1413

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 743. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to authorize and direct the tax commis sioners or tax collectors to remit all educational funds to the boards of education in certain counties once a month except for a certain per centage and for other purposes.

The report 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 744. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Forest Park, as amended, so as to change the date of elections in 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 745. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Habersham County upon an annual salary, so as to change the provisions relative to 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.

1414

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 746. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act abolishing the fee system and providing an annual salary for the ordinary of Habersham County, so as to change the provisions relative to the compensation of the ordinary; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 750. By Messrs. Gaynor of the 88th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Hill of the 94th and Gignilliat of the 89th: 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, as amended, so as to remove certain provisions which require that the salaries of certain officers and employees of said court shall have the same salary scale; and for other purposes.
The report 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 752. By Messrs. Gaynor of the 88th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Hill of the 94th and Gignilliat of the 89th: A Bill to be entitled an Act to make the tax collectors or tax com missioners of certain counties ex officio sheriffs, insofar as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and for other purposes.

THURSDAY, FEBRUARY 25, 1971

141&

The report 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 755. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Clinch County, as amended, so as to increase the maximum compensation of the Chairman 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 120, nays 0.

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

HB 756. By Messrs. Dixon and Sweat of the 65th: A Bill to be entitled an Act to amend an Act creating and establishing the State court of Clinch County, as amended, so as to increase the compensation of the judge and 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 757. By Messrs. Whitmire, Williams and Wood of the llth: A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth County, as amended, so as to change the compensation of the chief deputy and other deputies of the sheriff; and for other purposes.

1416

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 120, nays 0.

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

HB 760. By Messrs. Patten, Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Adel, as amended, so as to enlarge and redefine the corporate limits; and for other purposes.

The report 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 240-752. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st, Triplett of the 93rd, Gaynor of the 88th and Hill of the 94th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of Chatham County to district areas outside the municipalities in said County to provide water, sewerage, fire protection, street lighting, garbage and trash collection services and the construc tion and maintenance of roads, streets, curbs, gutters, and sidewalks; to authorize a tax upon the taxable property in each district for such purposes; to require approval of such tax by a majority vote in the district; to authorize contracts with municipal, county, or State agencies for such services; 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 IV, Paragraph III of the Constitu tion is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The Chatham County Commissioners and Ex Officio Judges may district areas outside the municipalities in said County to pro vide water, sewerage, fire protection, street lighting, garbage and

THURSDAY, FEBRUARY 25, 1971

1417

trash collection services and the construction and maintenance of roads, streets, curbs, gutters, and sidewalks. Said Commissioners are hereby authorized to levy a tax upon the taxable property in any such district established for the purpose of constructing and main taining facilities for such public services and public works and for providing and administering the same in that district: Provided, that no such tax shall become effectve in any district so established until and unless a majority of the voters voting in an election called under the provisions of general law with respect to special elec tions for said purpose in said district first approve by a vote the levying of said tax. Said governing authority is empowered to con tract with any municipal, county, State, or federal agency, for the furnishing of said water, sewerage, fire protection, street lighting, garbage, and trash collection services, and the construction and maintenance of roads, streets, curbs, gutters, and sidewalks."
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 Chatham County Commissioners to district areas outside municipalities, for water, sewerage, fire pro-
NO ( ) tection, street lighting, garbage and trash collection services and the construction and maintenance of roads, streets, curbs, gutters, and sidewalks, and to levy a tax for such purposes, subject to a vote within the district?"
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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton

Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry

Black Blackshear Bohannon Bond Bostick Bowen

1418
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib
Dean, J. E.
Dean, N.
Dent Dixon
Dorminy
Drury
Edwards
Evans
Ezzard
Farrar
Felton
Floyd, J. H. Floyd, L. R. Fraser
Gaynor
Geisinger
Gignilliat
Granade
Grantham Greer
Griffin
Gunter Hadaway

JOURNAL OP THE HOUSE,

Ham Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W .
Lee, W. J. (Bill)
Leggett
Levitas
Lewis
Logan
Marcus
Mason
Matthews, C.
Matthews, D. R .
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer
Mulherin

Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd
Sherman
Sims
Smith H. R.
Smith, V. T.
Stephens
Strickland
Sweat
Thomason
Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

THURSDAY, FEBRUARY 25, 1971

1419

Those not voting were Messrs.:

Adams, G. D. Conger Cook Dailey Egan Gary Grahl Hamilton
Hawes

Hood Housley Lane, Dick Lee, W. S. Longino Lowrey Murphy Patten
Reaves

Russell, H. P. Smith, J. R. Snow Sorrells Townsend Wamble Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 0.

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

HR 241-752. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Triplett of the 93rd, Battle of the 90th, Gaynor of the 88th, Blackshear of the 91st and Hill of the 94th:
A RESOLUTION
Proposing an amendment to Article VII, Section I, Paragraph III of the Constitution, so as to provide that the Chatham County Commis sioners and Ex Officio Judges may by ordinance provide for the man ner and procedures by which returns for taxation of real and personal property shall be effected; to provide that said commissioners may pro92nd, Triplett of the 93rd, Battle of the 90th, Gaynor of the 88th, Blackvide by ordinance when any of said taxes shall become due and payable and when delinquent; to provide that said commissioners may by ordi nance authorize the payment of taxes in installments; to provide that said commissioners may provide by ordinance for the manner and method of collecting delinquent taxes; to provide that said commissioners may prorate said taxes for less than a full year when property becomes tax exempt; 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 III of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The Chatham County Commissioners and Ex Officio Judges may by ordinance provide for the manner and procedures by which returns for taxation of real and personal property shall be effected, including but not limited to the place and manner of making re turns, assessments for taxation, equalization of assessments, pay-

1420

JOURNAL OF THE HOUSE,

merit and collection of taxes, creation and priority of tax liens, is suance and levy of executions, sales to satisfy executions, recording of executions, affidavits of illegality and other defenses, and re lated matters. Said Commissioners may provide by ordinance when any of said taxes shall become due and payable and when the same shall become delinquent and subject to penalties and interest. Said Commissioners by ordinance may authorize the payment of taxes in installments and when and how and upon what terms such install ments shall be due and payable. Said Commissioners may provide by ordinance for the manner and method of collecting delinquent taxes. Said Commissioners may by ordinance prorate taxes due upon said property for less than a full year when any of such property becomes tax exempt."

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 Chatham County Commissioners and Ex Officio Judges to provide for the payment of taxes due upon real and personal property at such times
NO ( ) and in such manner as said county shall provide and to prorate said taxes for less than a full year when the property taxed becomes tax exempt during the

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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Barfield Battle Bell Bennett, J. T.

Bennett, Tom Berry Black Blackshear Bohannon

THURSDAY, FEBRUARY 25, 1971

1421

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.
Dent
Dixon
Dorminy
Drury
Edwards
Evans
Ezzard
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gaynor
Gei singer
Gignilliat
Granade
Grantham
Greer
Griffin

Gunter Hadaway Ham Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas
Lewis
Logan
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer

Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R, Smith, V. T.
Stephens
Strickland
Sweat
Thomason
Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

1422

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Conger Cook
Dailey Egan Gary Grahl Hamilton Hawes

Hood Housley Lane, Dick
Lee, W. S. Longino Lowrey Murphy Patten Reaves

Russell, H. P. Smith, J. R. Snow
Sorrells Townsend Wamble Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 0.

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

HR 242-752. By Messrs. Atherton, Burruss, Howard, McDaniell, Kreeger, Hous ley and Wilson of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to redefine the education districts of the Cobb County School District and to provide for compensation, per diem, expenses and allowances of the members of the Cobb County Board of Education; to provide for the submission of this amendment for ratification or re jection; 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 adding at the end thereof the following:
"Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly shall have the authority to re define and reapportion the education districts of the Cobb County School District and to provide for the compensation, per diem, ex penses and allowances of the members of the Cobb County Board of Education without the necessity of submitting any legislation per taining thereto to the electors of the Cobb County School District for approval or rejection."
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.

THURSDAY, FEBRUARY 25, 1971

1423

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 reapportion the education districts of the Cobb County School District and to
NO ( ) provide for the compensation, per diem, expenses and allowances of the members of the Cobb County Board of Education without a referendum?"

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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.

Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris

1424
Harrison Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Marcus Mason Matthews, C.

JOURNAL OP THE HOUSE,

Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey

Roach Ross Rush Russell, A. B.
Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman
Sims Smith, H. R. Smith, V. T. Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, G. D. Conger Cook Dailey
Egan Gary Grahl Hamilton
Hawes

Hood Housley Lane, Dick Lee, W. S. Longino Lowrey Murphy Patten Reaves

Russell, H. P. Smith, J. R. Snow Sorrells Townsend Wamble Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 0.

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

THURSDAY, FEBRUARY 25, 1971

1425

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

SB 7. By Senators London of the 50th and Abney of the 53rd:
A Bill to be entitled an Act to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by adverse possession in regard to certain classes of property; and for other pur poses.
Referred to the Committee on Judiciary.

SB 37. By Senator Ward of the 39th: A Bill to be entitled an Act to create the Georgia Human Relations Commission; and for other purposes.
Referred to the Committee on Welfare.
SB 68. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th: 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 emissions obscuring transmission of light beyond 30%; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 170. By Senator Hudgins of the 15th: A Bill to be entitled an Act to amend an Act regulating driver train ing schools, so as to provide for an examination of driver training school instructors as an alternative to the educational requirements set forth in said Act; and for other purposes.
Referred to the Committee on Highways.
SB 197. By Senator Broun of the 46th: A Bill to be entitled an Act to amend the "Voluntary Sterilization Act", so as to provide that the consent of a parent shall not be required if such parent has not within six months of the filing of petition provided any support or maintenance to his child and said parent does not reside within the same household as the child; and for other purposes.
Referred to the Committee on Health and Ecology.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

1426

JOURNAL OP THE HOUSE,

HR 9-17 By Mr. Salem of the 51st: A Resolution compensating R. L. Cato; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 36-64. By Mr. Matthews of the 63rd: A Resolution compensating Mrs. E. L. Powell; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 48-83. By Mrs. Merritt of the 46th: A Resolution compensating Dr. James W. Smith; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 48-83 by changing the figure "$700.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$500.00".

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 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

THURSDAY, FEBRUARY 25, 1971

1427

HR 73-212. By Mr. Patten of the 63rd: A Resolution compensating Mrs. Lexie W. Flup; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 73-212 by changing the figure "$180.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$167.34".

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, the ayes were 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 83-224. By Mr. Wamble of the 69th: A Resolution compensating F. W. Roddenbery; 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 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 89-233. By Mr. McDonald of the 15th: A Resolution to compensate Charlie K. Leachman; 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 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

1428

JOURNAL OF THE HOUSE,

HR 91-233. By Messrs. Snow, Hays and Clements of the 1st: A Resolution compensating R. L. Dotson; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 92-233. by Mr. Brantley of the 52nd: A Resolution compensating Mr. C. B. Smith; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 97-244. By Mr. Smith of the 43rd: A Resolution to compensate Mr. William Nipper; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 109-270. By Mr. Thompson of the 85th: A Resolution compensating Mr. Roland Maye; and for other purposes.

THURSDAY, FEBRUARY 25, 1971

1429

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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 129-360. By Mr. Wood of the llth: A Resolution compensating Mr. Eugene McClung Graves; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 134-385. By Mr. Chappell of the 42nd: A Resolution compensating Mrs. Bob Hollis; 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 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 137-401. By Messrs. Nunn and Moyer of the 41st: A Resolution compensating Mr. D. N. Zoumberis; and for other pur poses.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 137-401 by changing the figure "$150.54" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$94.38".

1430

JOURNAL OF THE HOUSE,

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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 139-425. By Mr. Patterson of the 20th: A Resolution compensating Lillian Louise Couch; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 167-482. By Mr. Rainey of the 47th: A Resolution compensating Mr. James E. Price; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 170-507. By Mr. Collins of the 72nd: A Resolution compensating E. L. O'Neal; and for other purposes.

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

THURSDAY, FEBRUARY 25, 1971

1431

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

The Resolution, having received the requisite constitutional majority, was adopted.

HR 175-526. By Mr. Harris of the 10th: A Resolution compensating Mrs. Vera Ingle; 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 167, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 762. By Messrs. Keyton of the 70th, Melton of the 32nd, Miles of the 78th, Dent and Connell of the 79th and many others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", as amended, so as to exempt sales of tangible personal property to private nonprofit hospitals 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.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Atherton Barfield Battle

Bell Bennett, J. T. Bennett, Tom Black Bohannon Bond
Bostick Bowen Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee
Carr Carter Chance

1432
Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hill, B. L. Hill, G.

JOURNAL OF THE HOUSE,

Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey
Marcus Mason Matthews, C. Matthews, D. R. Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble

Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Sorrells Stephens
Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Berry Blackshear Brown, S. P. Buck Coney, G. D. Cook

Dailey Dean, J. E. Dorminy Grahl Greer Hays

Hood Jessup Keyton Larsen, W. W. Leggett Longino

THURSDAY, FEBRUARY 25, 1971

1433

Mauldin McCracken Phillips, W. R. Pickard Reaves

Russell, H. P. Shepherd Smith, V. T. Snow Strickland

Townsend Wamble Wheeler, Bobby Mr. Speaker

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

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

BB 725. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", so as to exempt the use of non-business property be new residents of this State purchased by them while residing in another 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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H . Brantley, H. L. Bray Brown, B. D.

Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, J. L. Conger Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, N. Dixon Dorminy Drury Edwards Egan Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway

1434
Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan

JOURNAL OF THE HOUSE,

Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton
Merritt Miles Milford Miller Moore Morgan Moyer Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts

Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood Mr. Speaker

Those not voting were Messrs.:

Adams, G. D. Buck Coney, G. D. Connell Cook Dailey Dean, J. E. Dent Evans

Floyd, J. H. Hood Lambert Lane, Dick Larsen, W. W. Longino Mason Mulherin Pickard

Reaves Sherman Smith, V. T. Snow Sorrells Thomason Townsend Wamble Mr. Speaker

On the passage of the Bill, the ayes were 168, nays 0.

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

THURSDAY, FEBRUARY 25, 1971

1435

HB 723. By Mr. Melton of the 32nd:
A Bill to be entitled an Act relating to the manufacture sale and taxing of wine, so as to provide an exemption from taxes for certain wines, 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 107, nays 0.

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

HB 688. By Messrs. Melton of the 32nd and Miles of the 78th: A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" to exempt the sale of Sacred Scripture; and for other purposes.
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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick

Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M.

Collins, S. Colwell Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar

1436
Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hill, B. L. Hill, G. Horton Housley Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger

JOURNAL OP THE HOUSE,

Lambert Lane, Dick Larsen, G. K. Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Nunn Odom Oxford Patterson
Patten
Pearce
Peters
Phillips, G. S.
Phillips, L. L.

Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Stephens Sweat Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Noble

Phillips, W. R.

Ross

Those not voting were Messrs.:

Brown, S. P. Chandler Coney, G. D. Cook Dailey Drury Egan Gary Gignilliat Hays

Hood Howard Howell Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Longino Maxwell McDaniell Northcutt

Pickard Pinkston Smith, V. T. Snow Sorrells Strickland Thomason Townsend Mr. Speaker

THURSDAY, FEBRUARY 25, 1971

1437

On the passage of the Bill, the ayes were 163, nays 3.

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

HR 135-385. By Messrs. McDaniell, Wilson, Atherton, Kreeger, Howard, Housley and Burruss of the 117th:
A Resolution authorizing the conveyance of certain real property located in Cobb 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter

Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard
Parrar Floyd, J. H. Floyd, L. R.
Fraser

Gaynor Geisinger Gignilliat Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R.
Jordan Keyton

1438
King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller

JOURNAL OF THE HOUSE,

Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Salem Savage

Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Ware Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Collins, M. Cook Dailey Dorminy Pelton Gary Grahl

Greer Hood Howell Longino Matthews, D. R. Phillips, G. S. Pickard

Russell, A. B. Russell, W. B. Snow Sorrells Townsend Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 174, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 618. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for the issuance of special permits for the movement of modular homes, sectional houses and portable buildings over the highways of this State; and for other purposes.

THURSDAY, FEBRUARY 25, 1971

1439

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, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Connell Davis, E. T. Davis, W. Dent Dixon Dorminy Egan Evans Ezzard Felton Floyd, J. H. Fraser

Gaynor Geisinger Gignilliat Grahl Grantham Greer Hadaway Ham Hamilton Harrington Harris Hays Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Lambert Lane, W. J. Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton
Merritt

Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Potts Rainey Reaves Ross Rush Russell, H. P. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Strickland Sweat Thompson Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Whitmire Williams Wilson Wood

1440

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Alexander, W. H. Bohannon Bond Coney, J. L. Conger Farrar Gary

Griffin Harrison Hill, B. L. Hill, G. Lane, Dick Larsen, G. K.

Lee, W. J. (Bill) Moore Roach Russell, W. B. Thomason Westlake

Those not voting were Messrs.:

Adams, G. D. Black Blackshear Brown, B. D. Cook Dailey Daugherty Dean, Gib Dean, J. E. Dean, N. Drury Edwards Floyd, L. R.

Granade Gunter Hawes Hood Horton Housley Jordan Longino Murphy Northcutt Phillips, G. S. Phillips, W. R. Pickard

Pinkston Poole Russell, A. B. Savage Shepherd Snow Sorrells Stephens Townsend Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 19.

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

HB 179. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to authorize a member of the General Assembly who elected not to become a member of the System. to elect to become such member; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967. p. 259), as amended by an Act approved April 10, 1968 (Ga. Laws 1968. p. 1354), so as to authorize a member of the General Assembly who elected not to become a member of the System to elect to become such member; to provide for a change in service requirements; to provide

THURSDAY, FEBRUARY 25, 1971

1441

the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1354), is hereby amended by adding a new paragraph at the end of subsection (1) of Section 4 to read as follows:

"Any other provisions of law to the contrary notwithstanding, any person who is a member of the General Assembly on April 1, 1971, who elected not to be a member of the System as provided in the preceding paragraph, may elect, on or before April 30, 1971, to become a member of the System, and upon so electing shall become a member under the same conditions as any other member of the System. In order to receive credit for the membership serv ice provided for in subsection (1) of Section 12, such member must make the contributions provided for therein."

Section 2. Said Act is further amended by adding a new subsection to Section 6, to be known as subsection (3), to read as follows:

"(3) In lieu of eight years' service as provided in this Act a member may substitute therefor four terms."

Section 3. This Act shall become effective April 1, 1971.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Dean of the 13th, was read and lost.

The following amendment was read and adopted:

Mr. Ham of the 33rd moves to amend the Committee substitute to HB 179 by adding at the end of line 27 on page 1 the following:
", plus interest at the rate of 4% from the time said contributions should have been made."
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.

1442

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 110, nays 9.

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

Mr. Levitas of the 77th requested that he be recorded as voting "nay" on the passage of HB 179, by substitute, as amended.

HB 340. By Messrs. Rainey of the 47th, Peters of the 2nd, Housley of the 117th, Adams of the 100th and Hayes of the 1st:
A Bill to be entitled an Act to amend an Act completely and ex haustively revising, superseding and consolidating the laws of the State Game and Fish Commission, so as to change the fees prescribed for certain hunting and fishing licenses; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Game and Fish moves to amend HB 340 as follows:
By striking from the title in line 6 on page 1 the words, "trout and big game stamps" and inserting in lieu thereof the words, "trout stamps and big game licenses".
By striking from lines 1 and 2 on page 2 the word "Stamp" where said word follows the word "Game" in both said lines and inserting in lieu thereof the word "License".
By striking from lines 15 and 17 on page 4 the word "stamp" wher ever the same appears in said lines and inserting in lieu thereof the word "license".
By adding a new subsection at the end of quoted Section 30 of Section 1, to be designated subsection (e) and to read as follows:
"(e) Any person holding a valid honorary license issued pur suant to subsections (c), (d) and (e) of Section 31 of this Act, shall not be required to obtain the trout stamp and big game license provided for by subsections (c) and (d) of this Section, and such honorary license shall be in lieu of such trout stamp or big game license."

An amendment, offered by Mr. Harrison of the 58th, was read and lost. An amendment, offered by Mr. Fraser of the 59th, was read and lost.

THURSDAY, FEBRUARY 25, 1971

1443

An amendment, offered by Mr. Hadaway of the 27th, was read and lost.

Two amendments, offered by Mr. Leggett of the 67th, were read and lost.

An amendment, offered by Messrs. Carter of the 64th and Sweat of the 65th, was read and lost.

The following amendment was read and adopted:
Mr. Rush of the 51st moves to amend HB 340, Section III, Number 1 item, State Resident Fishing License, to exempt all blind people from paying fishing license in all waters of Georgia.

An amendment, offered by Mr. Harrison of the 58th, was read and lost.

The following amendments were read and adopted:

Mr. Lane of the 101st moves to amend HB 340 by deleting line 26 in its entirety.

Mr. Rainey of the 47th moves to amend HB 340 as follows:
By striking the last sentence of subsection (d) of quoted Section 30 of Section 1 which reads as follows:
"Such stamp must be attached to his hunting license with the name of the holder thereof signed across the face of the stamp.";
By adding at the end of Section 30 of Section 1 a new subsection to be designated subsection (f) and to read as follows:
" (f) Provided, however, that nothing herein contained shall be construed to require any resident of this State to obtain a trout stamp or big game license to hunt, fish or trap on premises owned by him or his immediate family."
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:

1444

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bond Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan
Evans
Ezzard
Farrar
Felton
Floyd, L. R.

Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Hawes Hays Hill, G. Hood Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Maxwell
McCracken
McDaniell
McDonald
Melton

Merritt Miller Moore Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Thompson Toles Triplett Tripp Turner Vaughn Ware Westlake
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

THURSDAY, FEBRUARY 25, 1971

1445

Those voting in the negative were Messrs.:

Bohannon Bostick
Carter Conger
Dixon

Harrison Howell
Isenberg Leggett
Milford

Phillips, G. S. Scarborough
Sweat Wheeler, Bobby

Those not voting were Messrs.:

Blackshear Brantley, H. H. Collins, M. Cook Dailey Floyd, J. H. Hadaway

Hill, B. L. Keyton Longino Mauldin Miles Morgan Murphy

Pickard Russell, A. B. Russell, H. P. Smith, J. R. Townsend Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 14.

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

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

HB 84. By Messrs. Atherton of the 117th, Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Thomason of the 77th, Cook of the 95th and many others:
A Bill to be entitled an Act to create an area-wide planning and de velopment commission for all Standard Metropolitan Statistical Areas of this State having a population of more than 1,000,000; and for other purposes.

The following Senate amendments were read:

Senator Reynolds of the 48th offers the following amendment:
Amend HB 84 by renumbering Sections 23, 24 and 25 as Sections 24, 25 and 26, respectively.
And by adding following Section 22 a new Section 23 to read as follows:

1446

JOURNAL OF THE HOUSE,

"Section 23. The Commission shall not submit a negative or un favorable recommendation which is based upon any data which has been accumulated for a period of time in excess of 24 months where more current data is available."

Senator Ballard of the 45th moves to amend HB 84 by adding after the figure "329", on page 2, line 5 the following "no area, county or municipality may be designated as 'area' and added to this commission and come under the effective operation of this law without the affirmative vote of said area, county or muni cipality or its governing body."

Senator Reynolds of the 48th moves to amend HB 84 as follows:
By adding the following sentence at the end of Section 7:
"The vote of any member of the Commission shall be equal to the vote of any member in considering or acting upon any question, proposal or other matter before the Commission."

Senator Starr of the 44th moves to amend HB 84 as follows:
By adding at the end of Section 5 a new subsection (f), to read as follows:
"(f) Any other provision of this Act to the contrary notwith standing, the General Assembly shall be authorized by local Act to remove any county within an area from the provisions of this Act upon the recommendation of a majority of the full membership of the board of commissioners of any such county."

Senator Webb of the llth moves to amend HB 84 by inserting on page 5, in Section 5 (e) (i) at line 16 immediately after the word "Representatives" the following:
"and the President of the Senate".

Mr. Atherton of the 117th moved that the House agree to the Senate amend ments.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Atherton Barfield Bell Bennett, J. T.

Bennett, Tom Berry Black Blackshear Bohannon

THURSDAY, FEBRUARY 25, 1971

1447

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards
Egan
Evans
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Geisinger
Grahl
Granade
Grantham
Greer
Griffin
Gunter
Hadaway

Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Morgan
Moyer
Mulherin
Mullinax

Murphy Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Strickland Sweat Thomason
Thompson
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

1448

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Battle Carter Cook Dailey Drury Ezzard ' Gaynor Gignilliat

Jordan Lambert Lane, W. J. Le vitas Longino Matthews, D. R. Moore Nessmith

Pickard Rush Smith, J. R. Stephens Wamble Ware Mr. Speaker

On the motion, the ayes were 172, nays 0.

The motion prevailed and the Senate amendments to HB 84 were agreed to.

Messrs. Lane and Nessmith of the 44th stated that they had been called from the floor of the House when the roll was called on the motion to agree to the Senate amendments to HB 84, and wished to be recorded as voting "aye".

The Speaker announced the House recessed until 1:30 o'clock, P.M. AFTERNOON SESSION
The Speaker called the House to order.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House Substitute to the following Bill of the Senate, to-wit:

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others:
A Bill to create a State Athletics Commission; to provide the jurisdic tion, duties and authority of said commission; to provide for member ship and meetings; to repeal conflicting laws; 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:

THURSDAY, FEBRUARY 25, 1971

1449

HR 74-212. By Mr. Alexander of the 108th:

A RESOLUTION

Proposing an amendment to the Constitution so as to reduce the residency requirements for voting; 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 II, Section I, Paragraph III of the Constitution is hereby amended by striking therefrom the following:

"one year",

and by striking therefrom the following: "six (6) months",

and by inserting in lieu thereof the following: "four months",

so that when so amended Article II, Section I, Paragraph III shall read as follows:

"Paragraph III. Who entitled to register and vote. To entitle a person to register and vote at any election by the people, he shall have resided in the State at least four months immediately preced ing the election in which he seeks to vote and in the county in which he offers to vote in such election at least four months immediately preceding such election, except that the General Assembly may pro vide, by general law, snorter periods of State and county residence for persons to register and vote for presidential and vice-presidential electors when such persons are not eligible to vote for them else where, and may provide, by general law, shorter periods of county residence for persons to register and vote for Governor and Lieu tenant Governor when such persons are not eligible to vote for them elsewhere."
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 reduce NO ( ) residency requirements for voting?"

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".

1450

JOURNAL OF THE HOUSE,

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 to authorize the Gen eral Assembly to provide by law for the durational residence require ments for elections; 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 II, Section I, Paragraph III of the Constitution is hereby amended by striking Paragraph III in its entirety and substi tuting a new Paragraph III as follows:
"Paragraph III. Residence Requirements to register and vote. The General Assembly shall provide by law for the durational residence requirements necessary to register and vote in any elec tion by the people except that no person shall be entitled to register and vote unless he shall have resided in the State at least thirty (30) days immediately preceding the election at which he seeks to vote."
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 to allow the General NO ( ) Assembly to establish the residence requirements to vote, so long as at least 30 days' residence is required?"
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, by substitute, was agreed to.

THURSDAY, FEBRUARY 25, 1971

1451

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, G. D. Adams, John Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance
Chandler
Chappell
Cheeks
Clements
Collier
Collins, M.
Collins, S.
Coney, G. D.
Coney, J. L.
Conger
Connell
Cook
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dean, N.
Dent
Egan
Evans
Ezzard

Farrar Felton Floyd, L. R. Gary Geisinger Grahl Granade Greer Griffin Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hood Horton Howard Howell Hudson, C. M. Hutchinson Isenberg
Johnson
Jones, J. R.
Jordan
Knight
Knowles
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. S.
Leggett
Lewis
Logan
Lowrey
Matthews, C.
Mauldin
Maxwell
McDaniell
Melton

Merritt Miles Milford Miller Morgan Mulherin Mullinax Nessmith Noble Northcutt Odom Oxford Patterson Phillips, L. L. Pinkston Poole Potts Rainey Ross Rush Russell, A. B. Russell, W. B. Salem Savage
Scarborough
Shanahan
Shepherd
Sherman
Sims
Smith, H. R.
Sorrells
Stephens
Strickland
Thomason
Toles
Townsend
Tripp
Vaughn
Ware
Westlake
Wheeler, Bobby
Whitmire
Williams
Wilson
Wood

1452

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Alien Praser

Gignilliat

Phillips, W. R.

Those not voting were Messrs.:

Adams, Marvin Berry Black Blackshear Brantley, H. H. Buck Cole Colwell Dailey Dean, Gib Dixon Dorminy Drury Edwards Floyd, J. H. Gaynor Grantham Gunter Harris

Hill, G. Housley Hudson, Ted Jessup Jones, Herb Keyton King Lee, W. S. (Bill) Levitas Longino Marcus Mason Matthews, D. R. McCracken McDonald Moore Moyer Murphy Nunn

Patten Pearce Peters Phillips, G. S. Pickard Reaves Roach Russell, H. P. Smith, J. R. Smith, V. T. Snow Sweat Thompson Triplett Turner Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 135, nays 4.

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

HB 379. By Messrs. Vaughn of the 74th and Wood of the llth:
A Bill to be entitled an Act to provide for retained amounts on road construction contracts; to provide an alternate escrow procedure for retained amounts on road construction contracts; and for other purposes.

The following committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for retained amounts on road con struction contracts; to provide an alternate escrow procedure for re tained amounts on road construction contracts; to define terms; to pro vide the contents of the escrow agreement; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 25, 1971

1453

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. (a) For the purposes of this Act, the "State" shall mean the State Highway Department of Georgia, the Georgia Highway Au thority, or the State Toll Bridge Authority; the "Engineer" shall mean the State Highway Engineer, the Engineer designated by the Georgia Highway Authority or the State Toll Bridge Authority; the "Treasurer" shall mean the Secretary-Treasurer of the State Highway Department of Georgia, the Georgia Highway Authority, or the State Toll Bridge Authority; "escrow account" shall mean the certificates of deposit issued by a State or national bank in the State of Georgia and any uninvested cash held in escrow.

(b) The State is hereby authorized to insert a clause in the specifi cations of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance or repair of any road, highway, bridge or appurtenance thereto, providing for the retainage of amounts constituting a percentage of the gross value of the com pleted work as may be provided for in the contract.

(c) Upon written consent of the surety thereto, final payment of the retained amounts to the contractor under the contract to which the retained amount relates will be made after certification by the Engineer that the work has been satisfactorily completed and is ac cepted in accordance with the contract, plans and specifications.

Section 2. (a) In lieu of the retained amounts provided for in Section 1, the State is hereby authorized to insert a clause in the specifi cations of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance, or repair of any road, high way, bridge, or appurtenance thereto, an alternate procedure providing for the maintenance of an escrow account in an amount at least equal to the amount of the retainage authorized by the contract, in accord ance with such rules and regulations as are hereby authorized to be promulgated by the State.

(b) Any such escrow agreement entered into pursuant to the pro visions of this Section must contain as a minimum the following pro visions :

(1) Only State or national banks chartered within the State of Georgia may serve as an escrow agent.

(2) The escrow agent must limit the investment of funds of the contractor held in escrow in lieu of retained amounts provided for in Section 1 to negotiable certificates of deposits issued by any State or national bank in the State of Georgia, (including but not limited to certificate of deposit issued by the bank acting as escrow agent) registered in the name of the escrow agent as such under escrow agreement with the contractor.

(3) As interest on certificates of deposits held in escrow be-

1454

JOURNAL OP THE HOUSE,

comes due, it shall be collected by the escrow agent and paid to the contractor.

(4) The escrow agent shall promptly acknowledge to the Treas urer the amount and value of the escrow account held by the escrow agent, and that any additions to the escrow account shall be reported immediately. Withdrawals from the escrow account shall only be made subject to the written approval of the Treasurer.

(5) Upon default or overpayment, as determined by the State, of any contract subject to this procedure, and upon the written de mand of the Treasurer, the escrow agent shall within ten (10) days deliver a certified check to the Treasurer in the amount of the escrow account balance relating to the contract in default.

(6) The escrow account may be terminated upon completion and acceptance of the contract (s) as provided in Section 1.

(7) All fees and expenses of the escrow agent shall be paid by the contractor to the escrow agent and if not paid shall constitute a lien on the interest accruing to the escrow account and shall be paid therefrom.

(8) The escrow account shall constitute a specific pledge to the State, and the contractor shall not, except to his surety, other wise assign, pledge, discount, sell or transfer his interest in said escrow account, the funds in which shall not be subject to levy, gar nishment, attachment or any other process whatsoever.

(9) The form of the escrow agreement and provisions thereof in compliance herewith, as well as such other provisions as the Treasurer shall from time to time prescribe, shall be subject to written approval of the Treasurer. The approval of the escrow agreement by the Treasurer shall authorize the escrow agent to accept appointment in such capacity^

Section 3. The Treasurer or the State shall not be liable to the contractor or his surety for the failure of the escrow agent to perform under the escrow agreement, or for the failure of any bank to honor certificates of deposits issued by it which are held in the escrow account.

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:

THURSDAY, FEBRUARY 25, 1971

1455

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Bohannon Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger
Connell
Cook
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dixon
Dorminy
Drury
Egan
Evans
Ezzard
Farrar
Floyd, L. R.

Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Harrington Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell

McDaniell McDonald Melton Merritt Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Peters Phillips, L. L. Phillips, W. R. Poole Rainey Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims
Smith, H. R.
Strickland
Sweat
Thomason
Toles
Triplett
Tripp
Vaughn
Ware
Westlake
Wheeler, Bobby
Whitmire
Williams
Wilson
Wood

1456

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Berry Black Blackshear Brantley, H. H. Bray Buck Chappell Collins, M. Dailey Edwards Felton Floyd, J. H. Gaynor Gunter

Hamilton Harris Hawes Hood Levitas Longino Matthews, D. R. McCracken Miller Moore Patten Pearce Phillips, G. S. Pickard Pinkston Potts

Reaves Roach Russell, A. B. Shepherd Smith, J. R. Smith, V. T. Snow Sorrells Stephens Thompson Townsend Turner Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 3. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Surface Mining Act of 1968", so as to redefine certain terms; to define "government securities"; to authorize the Board to decline to assert jurisdiction under this Act under certain conditions; to clarify the provisions relating to annual license fees; and for other purposes.

The following amendment was read and adopted:
Messrs. Leggett of the 67th and Larsen of the 42nd move to amend SB 3 by striking "Fulton County, Georgia" from lines 1 and 2 of page 5 and inserting in lieu thereof the following:
"the county of the residence of such party."
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 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, FEBRUARY 25, 1971

145T

HR 177-530. By Messrs. Sweat of the 65th, Marcus of the 105th, Moyer and Nunn of the 41st, Harris of the 10th and Colwell of the 5th:
A Resolution relative to the Code of Georgia, Unannotated; and for other purposes.

The following amendment was read and adopted:
Mr. Larsen of the 42nd moves to amend HR 177-530 by adding after the word "Committee" on line 14 the following:
"and a copy of the same for each member of the General Assembly who shall in writing request the same."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L.
Bray Brown, B. D. Brown, S. P. Carr Carter Chance Chappell

Cheeks Clements Cole Colwell Conger Connell Cook Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Dorminy
Edwards Evans
Ezzard Farrar Felton Fraser Gary Grahl Granade Griffin Hadaway

Ham Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Hutchinson Isenberg Jessup Jones, J. R. Keyton Knowles Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lowrey Marcus

1458
Matthews, C. McCracken McDaniell Merritt Miles Miller Morgan Moyer Mulherin Nessmith Noble Northcutt Odom Oxford Patterson Peters Phillips, G. S.

JOURNAL OF THE HOUSE,

Phillips, L. L. Phillips, W. R. Pinkston Poole
Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Shepherd Sherman Sims

Smith, H. R. Smith, V. T. Sorrells Strickland
Sweat Toles Townsend Triplett Tripp Turner Wheeler, Bobby Whitmire Williams Wilson
Wood

Those voting in the negative were Messrs.:

Bell
Coney, G. D. Coney, J. L. Egan Floyd, J. H. Gignilliat Grantham Harrington

Harris Hill, G. Hudson, C. M. Jones, Herb Jordan Lane, Dick Logan Mauldin

Maxwell McDonald Milford Murphy Savage Vaughn Westlake

Those not voting were Messrs.:

Berry Brantley, H. H. Brown, C. Buck Burruss Busbee Chandler Collier Collins, M. Collins, S. Dailey Davis, W. Dean, J. E. Drury Floyd, J .E. Gaynor

Geisinger
Greer Gunter Hamilton Howell Hudson, Ted Johnson King Knight Lambert Lewis Longino Mason Matthews, D. R. Melton Moore

Mullinax Nunn Patten Pearce Pickard Reaves Scarborough Smith, J. R. Snow Stephens Thomason Thompson Wamble
Ware Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 124, nays 23.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

THURSDAY, FEBRUARY 25, 1971

1459

HB 506. By Mr. Sims of the 106th:
A Bill to be entitled an Act to amend an Act relating to a program of vocational rehabilitation and providing that the same shall be admin istered by the State Board of Vocational Education, so as to change the definition of the term "workshop"; and for other purposes.

The report 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 472. By Mr. Egan of the 116th:
A Bill to be entitled an Act to authorize certain counties and munici palities to levy and impose certain excise taxes; and for other purposes.

The following amendments were read and adopted:
Mr. Horton of the 95th moves to amend HB 472 by striking the number "90" on page 1, line 19 and inserting in lieu thereof the number "30".
Mr. McCracken of the 36th moves to amend HB 472 by adding a provision at the end of Section 1 to read as follows:
"provided this Act shall not include a rooming house consisting of eight (8) rooms or less."
Mr. Egan of the 116th moves to amend HB 472 by adding on line 3 and renumbering the other Sections accordingly and by changing the title accordingly.
Mr. Coney of the 118th moves to amend HB 472 by adding on line 19, page 1 after the word "supplied" the words "to the same individual".

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:

1460

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien
Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Bray Brown, B. D. Brown, C. Brown, S. P. Carr Carter Chance Chappell Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Davis, W. Dean, Gib Dean, J. E. Dent Dorminy Edwards Egan Evans Ezzard Pelton

Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Isenberg
Jessup Jones, Herb Jones, J. R. Jordan Keyton Knowles Kreeger Lambert Lane, Dick Larsen , G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Lowrey Marcus

Mason Matthews, C. Matthews, D. R. Maxwell McDaniell McDonald Miles Miller Moore Morgan Moyer Mulherin
Nunn Odom Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Poole Roach Russell, A. B. Russell, H. P. Savage Shepherd Sherman Sims Smith, H. R. Smith, V. T. Strickland Toles Townsend Triplett Turner Vaughn Westlake Wheeler, Bobby Whitmire Williams Wilson

Those voting in the negative were Messrs. :

Bostick Bowen Brantley, H. L. Conger Dean, N. Dixon Floyd, J. H. Hadaway Harrington

Harris Harrison Johnson Lane, W. J. Mauldin McCracken Merritt Murphy Oxford

Ross Rush Salem Shanahan Sorrells Sweat Tripp

THURSDAY, FEBRUARY 25, 1971

1461

Those not voting were Messrs.:

Adams, Marvin Berry Brantley, H. H. Buck Burruss Busbee Chandler Cheeks Clements Collins, M. Dailey Daugherty Davis, E. T. Drury Farrar Hamilton

Hood Howell Hutchinson Knight Lewis Longino Melton Milford Mullinax Nessmith Noble Northcutt Patten Pearce Peters Pickard

Potts Rainey King Reaves Russell, W. B. Scarborough Smith, J. R. Snow Stephens Thomason Thompson Wamble Ware Wheeler, J. A. Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 122, nays 24.

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

Mr. Busbee of the 61st stated that he had been called from the floor of the House when the roll was called on HB 472, as amended, and wished to be recorded as voting "aye".

HB 473. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Jekyll Is land State Park Authority Act", as amended, so as to reduce the maxi mum amount of the land area of Jekyll Island which the Authority is empowered to survey, sub-divide, improve and lease or sell to the extent and in the manner provided in said Act, as sub-divided and improved; and for other purposes.

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:

1462

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bell Berry Black Blackshear Bond Bo wen Bray Brown, C. Brown, S. P. Buck Busbee Carter Chappell Cheeks Cole Collier Collins, S. Colwell Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Egan Felton Floyd, L. R. Fraser Gary

Geisinger Gignilliat Grahl Granade Greer Gunter Ham Hawes Hays Hill, G. Horton Howell
Jessup Johnson Jones, Herb Jones, J. R. Jordan Knight Knowles Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Mason Matthews, C. Maxwell McCracken McDonald Melton Miles Miller Moore Moyer Mulherin

Mullinax Murphy Northcutt Odom Oxford Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Pinkston Poole Rainey Ross Russell, A. B.
Savage Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Snow Sorrells Sweat Thomason Thompson Townsend Triplett Tripp Turner Vaughn Ware Westlake Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Adams, John Atherton Bohannon Burruss Carr Chance Coney, G. D. Conger Dorminy Evans

Ezzard Farrar Floyd, J. H. Grantham Griffin Hadaway Harrington Harris Harrison Housley

Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Keyton Lane, W. J. Leggett Marcus Mauldin

McDaniell Milford Morgan Peters

THURSDAY, FEBRUARY 25, 1971

1463

Phillips, G. S. Potts Rush Russell, H. P.

Russell, W. B. Salem Sims Toles

Those not voting were Messrs.:

Barfield Bennett, J. T. Bennett, Tom Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Chandler Clements Collins, M. Dailey Daugherty

Dean, J. E. Drury Gaynor Hamilton Hill, B. L. Hood King Lewis Longino Matthews, D. R. Nessmith Noble

Nunn Pickard Reaves Roach Scarborough Smith, V. T. Stephens Strickland Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 115, nays 42.

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

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:

A Bill to be entitled an Act to amend an Act approved February 28,

1955, so as to increase the excise tax on cigarettes; and for other pur

poses.

;

Mr. Busbee of the 61st moved that the House insist on its position in disagreeing to the Senate amendments and that a Committee of Con ference be appointed on the part of the House to confer with a like com mittee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Melton of the 32nd, Chandler of the 34th and Busbee of the 61st:

1464

JOURNAL OF THE HOUSE,

Mr. Cook of the 95th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 271. By Messrs. Collier of the 54th, Pelton of the 95th and Oxford of the 46th:
A RESOLUTION
Creating the Public Utilities Study Committee; and for other pur poses.
WHEREAS, the rules and regulations of the Public Service Com mission which affect and govern the operations of public utilities in this State are very complex and many are outdated; and
WHEREAS, it would be a worthwhile use of legislators' time and energy to familiarize themselves with the aforesaid rules and regula tions in order that the General Assembly can recommend changes which may be necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Public Utilities Study Committee, to be composed of five members of the House of Representatives chosen by the Speaker. The Speaker shall appoint the Chairman.
The Committee shall become familiar with the rules and regulations of the Public Service Commission which control and regulate public utilities within the State of Georgia to determine whether or not any or all of said rules and regulations require updating. The Committee is authorized to recommend changes in rules and regulations to the Public Service Commission.
To assist the Committee in its deliberations, it is hereby authorized to call upon officers and employees of the various utilities which are regulated by the Public Service Commission to elicit their views and ad vice. The Committee is also authorized to call upon any or all of the members of the Public Service Commission for assistance.
Each member of the Committee shall receive the expenses and al lowances authorized to legislative members of interim legislative com mittees but for no longer than ten days unless an extension of time is granted by the Speaker.
The Committee shall prepare a report of its findings and recom mendations and submit same to the Clerk of the House for printing on or before December 1, 1971, at which time the Committee shall stand abolished.

THURSDAY, FEBRUARY 25, 1971

1465

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the legislative branch of State government.

Leave of absence was granted to Mr. Bennett of the 81st for Friday, Febru ary 26, 1971, because of illness.

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.

1466

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 26, 1971

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. Robert L. Hannah, Pastor, The United Methodist Churches, Preston, Rural Hill and Weston, Georgia:
0 Lord, our Heavenly Father, the high and mighty Ruler of the universe, Who dost from Thy throne behold all the dwellers upon the earth; most heartily we beseech Thee with Thy favor to behold and bless Thy servants, and all who make or execute our laws; and so replenish them with the grace of Thy Holy Spirit that they may always incline to Thy will, and walk in Thy way. Endow them plenteously with Heavenly gifts; grant them in health and prosperity long to live; and finally, after this life, to attain everlasting joy; through Jesus Christ 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.

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.

FRIDAY, FEBRUARY 26, 1971

1467

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 26, 1971 and submits the following:

HB 19.

Criminals Trials, Accused Testify

HB 20.

Criminal Cases, State's Right to Appeal

HB 111.

G.B.I. Division of the Department of Law

HB 257.

Estates, Time which Administrator may pay Debts.

HB 265.

Air Transportation Director, Qualifications

HB 277.

Accused Furnished List of Witnesses

HB 352.

Holidays, Change Time for Observing

HB 377.

Uniform Commercial Code, Implied Warranty

HB 424.

Misdemeanor, Reduce Number of Jurors P. P.

HR 144-425. Misdemeanor Cases, Jury

HB 430.

Urban Redevelopment Law, Eminent Domain

HB 440.

Assistant Director Attorneys, Judicial Circuit

HB 475.

Elective Official, Offer for Another Office

HB 516.

Judges Emeritus, Expense and Mileage

HB 551.

Criminal Trials, Mentally 111

HB 582.

Medical Services, Blood, Tissues

HB 591.

Grounds for New Trials, Cross Examination

HB 598.

Life Insurance Program, State Employees

HR 192-658. Convey Property, Baldwin County

HB 711.

Houston County Judicial Circuit

HB 731.

Motor Vehicles, Security, Suspension

HB 732.

Motor Vehicles, Security, Time Limitation

HB 735.

Motor Vehicles, Parking Brakes

SB 22.

Firemen's Pension Fund, Benefits

SB 54.

Peace Officers' Pension Fund, Benefits

SB 111.

Electric Membership Corporation, Proceeds

SB 172.

Livestock Auction, Purchase Payment

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

1468

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 822. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to provide that hearings on review and decisions thereon shall be within a prescribed time; to prescribe limitations for stays of enforcement; to retain jurisdiction of the subject matter in court; and for other purposes.
Referred to the Committee on Judiciary.

HB 823. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to create a new charter for the City of Mor row in Clayton County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 824. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act relating to the sale of motor vehicle license plates in the various counties, so as to provide that the tax commissioner of each county shall be entitled to the 50$ fee pro vided for in subsection (b) of Section 3, and he shall not be required to turn over to the fiscal authority 25$ for each tag; and for other pur poses.
Referred to the Committee on Motor Vehicles.

HB 825. By Messrs. Adams, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Floyd County, so as to provide for the recall of the members of the Board of Commissioners of Floyd County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 263-825. By Mr. Toles of the 9th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the recall of members of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

FRIDAY, FEBRUARY 26, 1971

1469

HR 264-825. By Messrs. Toles, Adams and Lowrey of the 9th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the recall of county officers of Floyd County, including mem bers of the county board of education; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 265-825. By Mr. Rainey of the 47th:
A Resolution authorizing the conveyance of a certain tract or parcel of land located in Montgomery County to the Carres Land Development Company; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 266-825. By Messrs. Poole, Harris and Roach of the 10th:
A Resolution proposing a constitutional amendment so as to provide that residents of the City of Jasper who are 62 years old or older or who are totally disabled, and have an income of not more than $4,000 per annum shall be granted a homestead exemption of $2,000 for ad valorem taxation by said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 826. By Messrs. Hawes of the 95th and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act providing for a tax on cer tain deeds, instruments, or other writings transferring real estate, so as to provide for the exclusion from the consideration or value of the in terest or property conveyed the amount of any lien or incumbrance existing prior to the sale and not removed thereby; and for other pur poses.
Referred to the Committee on Ways and Means.

HB 827. By Messrs. Connell and Dent of the 79th:
A Bill to be entitled an Act to authorize any county or municipality to adopt ordinances relative to the removal and disposal of certain dis carded, dismantled, wrecked, scrapped, ruined or junked motor vehicles; and for other purposes.
Referred to the Committee on Judiciary.

HB 828. By Messrs. Kreeger, McDaniell, Housley, Howard, Burruss, Atherton and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the judge of the Cobb County Juvenile Court, so as to change

1470

JOURNAL OF THE HOUSE,

the compensation of the judge of the Cobb County Juvenile Court; and for other purposes.
Referred to the Committee on State Planning1 and Community Affairs--Local Legislation.

HB 829. By Messrs. Atherton, Wilson, Burruss, Howard, McDaniell, Housley and Kreeger 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.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 830. By Messrs. Kreeger, McDaniell, Howard, Housley, Atherton and Bur russ of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to increase the limitation on the amount of bonds the Authority may have outstanding at any one time; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 831. By Messrs. Kreeger, Burruss, Atherton, Housley, McDaniell and Howard 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 have the Clerk of the City of Smyrna Civil Service Board appointed by the Mayor and Council; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 832. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Powder Springs in the County of Cobb, so as to provide for an nexation of territory to the City of Powder Springs; and for other pur poses.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 833. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to amend an Act relating to excise taxes on cigarettes and cigars, so as to provide that the State Revenue Commis-

FRIDAY, FEBRUARY 26, 1971

1471

sioner shall have the authority to exempt from the excise tax imposed on the sale of cigarettes and cigars sold on military reservations or to the National Guard or to any reserve unit; and for other purposes.
Referred to the Committee on Ways and Means.

HB 834. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend Section 81-1005 of the Code of Georgia of 1933, relating to preference in the trial of civil cases when the State is plaintiff; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 835. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan, so as to change the compensation of the Mayor and members of the Board of Aldermen; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 836. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit, so as to create the office of assistant district attorney; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 837. By Mr. Longino of the 98th:
A Bill to be entitled an Act to amend Code Section 13-207, relating to bank holding companies, so as to provide that it shall be unlawful for any bank holding company organized under the laws of another state or county to engage in any banking, bank-related or non-banking activi ties within the State of Georgia; and for other purposes.
Referred to the Committee on Banks and Banking.
HR 269-837. By Messrs. Peters of the 2nd, Rainey of the 47th, Hudson of the 48th, Hays, Clements and Snow of the 1st, Poole of the 10th, Chappell of the 42nd, Colwell of the 5th, Lane of the 101st, and others:
A Resolution proposing an amendment to the Constitution so as to pro vide an exemption of $4,000 from all State and County ad valorem taxes on the homestead of each person, who is disabled and is receiving dis ability insurance benefits pursuant to any Act of Congress; and for other purposes.
Referred to the Committee on Ways and Means.

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HB 838. By Messrs. Nunn of the 41st, Thomason of the 77th, Mulherin of the 78th, Knight of the 30th, Atherton of the 117th, Horton of the 95th, and others:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commis sions, so as to authorize planned unit developments which may consist of planned-unit residential developments, planned-unit shopping center developments or planned-unit industrial developments; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

HB 839. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend Code Chapter 92-69, relating to county boards of tax assessors and the powers and duties of said boards, so as to provide that notices of changes made in tax returns shall clear ly state the date on which changes shall become final unless notice of arbitration is given; and for other purposes.
Referred to the Committee on Ways and Means.

HB 840. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Code Section 89-101, relating to persons ineligible to hold public office in this State, so as to exempt from ineligibility for office, persons who are members of the Reserve Com ponents of the Armed Forces of the U. S. and persons serving upon Federal fact-finding and policy making panels; and for other purposes.
Referred to the Committee on State of Republic.

HB 841. By Messrs. Salem of the 51st, Morgan of the 23rd, Hawes of the 95th, Lewis of the 37th, Brown of the 32nd, Rush of the 51st, Cook of the 95th, Townsend of the 115th and Egan of the 116th:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary and allowance of members and officials of the General As sembly, so as to change the expense allowance received by members of the General Assembly during regular and extraordinary sessions; and for other purposes.
Referred to the Committee on Retirement.

HB 842. By Messrs. Howard, Housley, Kreeger, Burruss and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to extend the jurisdiction of said Court in certain cases involving injuries to the person; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

FRIDAY, FEBRUARY 26, 1971

1473

HR 270-842. By Mr. Levitas of the 77th:
A Resolution proposing an amendment to the Constitution to strike and supersede Article III, Section IV, Paragraph VI, so as to permit mem bers of the Reserve Components of the Armed Forces to serve as mem bers of the General Assembly and for other purposes.
Referred to the Committee on State of Republic.

HB 843. By Messrs. Harrington and Chandler of the 34th:
A Bill to be entitled an Act to authorize and direct the Board of Regents to make direct payments to certain public educational institutions, in cluding any public corporation created by the General Assembly; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 844. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to create the Athens-Clarke County Charter Commission; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 845. By Messrs. Snow of the 1st, Nunn of the 41st, Bennett of the 81st, Dean of the 13th, Levitas of the 77th, Morgan of the 23rd, Thomason and Russell of the 77th:
A Bill to be entitled an Act to provide for the establishment of the Office of State Defender; to repeal an Act known as "The Georgia Criminal Justice Act"; and for other purposes.
Referred to the Committee on Judiciary.
HB 846. By Messrs. Brown of the 110th, Bond of the lllth, Alexander of the 96th, Marcus of the 105th, Alexander of the 108th, Hood of the 99th, Savage of the 104th, and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the election of candidates from Representative Post 1 and Post 2; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 847. By Messrs. Howard of the 117th, Leggett of the 67th, Bohannon of the 20th, Roach of the 10th, Smith of the 3rd, Felton of the 95th, Burruss of the 117th, Williams of the llth, Cheeks of the 78th and many others:
A Bill to be entitled an Act to establish standards to determine what

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materials are harmful to minors; to prohibit the sale, lending, giving, furnishing, or exhibiting of such materials to minors; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 848. By Messrs. Howard of the 117th, Leggett of the 67th, Bohannon of the 20th, Roach of the 10th, Smith of the 3rd, Felton of the 95th, Burruss of the 117th, Williams of the llth, Cheeks of the 78th and many others:
A Bill to be entitled an Act to establish standards to determine what materials are harmful; to prohibit the sale, lending, giving, furnishing, or exhibiting of certain materials; 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:

HR 256-799. By Mr. Lane of the 101st: A Resolution creating the South Fulton Charter Commission; and for other purposes:
HR 257-799. By Mr. Lane of the 101st: A Resolution creating the South Fulton Citizens Committee; and for other purposes.

HB 800. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Henry County, so as to change the purchasing procedures; and for other purposes.

HB 801. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of certain counties to create electrical examining boards, so as to change certain of the population figures and census contained therein; and for other purposes.

HB 802. By Mr. Carr 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 full-time deputy tax commissioner; and for other purposes.

FRIDAY, FEBRUARY 26, 1971

1475

HB 803. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to provide that in certain counties of this State the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of traffic laws within said counties; and for other purposes.

HB 804. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Section 88-108, relating to the Department of Public Health, its powers, duties and functions, so as to provide authority to the department to regulate and require the use of sanitary facilities at construction sites and places of public as sembly; and for other purposes.

HB 805. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ellaville, so as to change the office of the City clerk recorder from an elected office to an appointed office; and for other purposes.

HB 806. By Messrs. Lane of the 101st, Savage of the 104th, Hawes of the 95th, Townsend of the 115th, Sims of the 106th and Felton of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, relating to the "Municipal Home Rule Act of 1965"; and for other purposes.

HB 807. By Messrs. Lane of the 101st, Hawes, Cook, Felton, Greer and Horton of the 95th, Townsend of the 115th, Sims of the 106th, Alexander of the 96th, Adams of the 100th and Savage of the 104th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to corporate limits; and for other purposes.

HB 808. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Section 88-301, relating to punishment for violations of the provisions of Title 88, known as the "Georgia Health Code", so as to provide that any person violating the provisions of Code Title 88 shall be guilty of a misdemeanor; and for other purposes.

HB 809. By Messrs. Floyd of the 7th, Murphy of the 19th, Busbee of the 61st and Harris of the 10th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Public Assistance Act of 1965", so as to change the provisions relating

1476

JOURNAL OF THE HOUSE,

to the repayment of sums which have been paid to a person receiving public assistance under the provisions of this Act; and for other pur
poses.

HB 810. By Messrs. Matthews and Patten 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 811. By Messrs. Brown, Pinkston and Bennett of the 81st, Coney of the 82nd and Miller of the 83rd: A Bill to be entitled an Act to authorize holders of public funds and clerks of court of certain counties who have monies deposited in the registry of their court to turn over such funds to the county treasurer or to the person performing the duties of county treasurer for invest ment; and for other purposes.
HB 812. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to create a board of commissioners of Telfair County; and for other purposes.
HB 813. By Messrs. Wilson, Atherton, McDaniell, Housley, Kreeger and Burruss of the 117th: A Bill to be entitled an Act to create the Downtown Marietta Develop ment Authority; to provide for the appointment of the members of the Authority and their terms of office; and for other purposes.
HB 814. By Messrs. Matthews of the 16th, Lambert of the 25th, Melton of the 32nd: A Bill to be entitled an Act to amend Code Section 84-207, relating to the qualification as certified public accountants, so as to authorize the sub stitution of experience as a senior auditor in the State Department of Audits in lieu of the practical experience in public accounting presently required; and for other purposes.
HB 815. By Messrs. Vaughn and Jordan of the 74th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner and his clerks; and for other purposes.
HB 816. By Mr. Cole of the 3rd: A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so

FRIDAY, FEBRUARY 26, 1971

1477

as to incorporate in said city certain parts of land lots Nos. 261, 272, 299, and 310 in the 12th district and 3rd section of Whitfield County i and for other purposes.

HB 817. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain parts of land lots Nos. 159, 185, 186, 259, and 260 in the 12th district and 3rd section of Whitfield County; and for other purposes.

HB 818. By Mr. Jones of the 4th:
A Bill to be entitled an Act to change the method of election of the members of the Board of Education of Gilmer County, so as to provide for the election of members by the citizens of the entire county; and for other purposes.

HR 259-818. By Messrs. Nunn of the 41st, Levitas of the 77th, Geisinger of the 72nd, Atherton of the 117th, Larsen of the 42nd, Patten of the 63rd and Smith of the 3rd:
A Resolution urging the adoption of an efficient and equitable program for the abatement of water pollution; and for other purposes.

HR 260-818. By Messrs. Nunn of the 41st, Levitas of the 77th, Geisinger of the 72nd, Atherton of the 117th, Larsen of the 42nd, Patten of the 63rd and Smith of the 3rd:
A Resolution urging the adoption of an efficient and equitable program for the abatement of water pollution; and for other purposes.
HB 819. 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 market ing orders issued pursuant to the above Act may provide for the promo tion of the marketing of surplus commodities through the establishment of surplus pools for any agricultural commodity; and for other purposes.

HB 820. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend Code Section 24-1801, relating to clerks of county ordinaries, so as to authorize the ordinaries in counties having a population between 20,600 and 21,000, to hire a clerk whose salary shall be paid from county funds; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 821. By Mr. Lambert of the 25th:
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.

HR 261-821. By Mr. Matthews of the 16th: A Resolution compensating Mr. Bishop Goddard; and for other purposes.
HR 262-821. By Mr. Burruss of the 117th: A Resolution compensating Mr. Spurgeon Lindsey; and for other pur poses.

SB 7. By Senators London of the 50th and Abney of the 53rd:
A Bill to be entitled an Act to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by adverse possession in regard to certain classes of property; and for other pur poses.
SB 37. By Senator Ward of the 39th:
A Bill to be entitled an Act to create the Georgia Human Relations Com mission; and for other purposes.
SB 68. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to prohibit any person from operating a ve hicle on the public roadways and highways of this State which dis charges into the atmosphere visible emissions obscuring transmission of light beyond 30%; and for other purposes.
SB 170. By Senator Hudgins of the 15th:
A Bill to be entitled an Act to amend an Act regulating driver training schools, so as to provide for an examination of driver training school instructors as an alternative to the educational requirements set forth in said Act; and for other purposes.
SB 197. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend the "Voluntary Sterilization Act", so as to provide that the consent of a parent shall not be required if such parent has not within six months of the filing of petition provided any support or maintenance to his child and said parent does not reside with in the same household as the child; and for other purposes.

FRIDAY, FEBRUARY 26, 1971

1479

HR 267-825. By Mr. Harris of the 10th: A Resolution compensating Mary C. Abell; and for other purposes.

HR 268-825. By Mr. Bohannon of the 20th:
A Resolution compensating John Williams Watts, Jr.; 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 819. Do Pass.

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 following Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HB 741. Do Pass.

HB 809. Do Pass.

HR 182-578. Do Pass.

Respectfully submitted,

Floyd of the 7th,

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

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JOURNAL OF THE HOUSE,

following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 734. Do Pass. HB 569. Do Pass.
Respectfully submitted, Lee of 21st, Chairman.

Mr. McCracken of the 36th District, Chairman of the Committee on Insur ance, 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 764. Do Pass. HB 765. Do Pass.

Respectfully submitted, McCracken of the 36th, Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted 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 118. Do Pass, as Amended. HB 192. Do Pass, as Amended. SB 112. Do Pass. HB 698. Do Pass. HB 250. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

FRIDAY, FEBRUARY 26, 1971

1481

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 Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 224. Do Pass.
HB 196. Do Pass. SB 10. Do Pass. SB 80. Do Pass.
Respectfully submitted, Buck of the 84th, Chairman.

Mr. Howell of the 60th District, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 276. Do Pass, by Substitute. Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community 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 173. Do Pass. HB 174. Do Pass. HB 177. Do Pass. HB 758. Do Pass.

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JOURNAL OF THE HOUSE,

HB 769. Do Pass. HB 770. Do Pass. HB 771. Do Pass. HB 773. Do Pass. HB 774. Do Pass. HB 776. Do Pass. HB 780. Do Pass. HB 781. Do Dass. HB 789. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

Mr. Lane of the 44th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker
Your Committee on Temperance 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 595. Do Pass, as Amended. HB 787. Do Pass. HR 196-665. Do Pass.
Respectfully submitted, Lane of the 44th, 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 108. By Mr. Collins of the 62nd: A Bill to amend an Act prohibiting the feeding of garbage to animals

FRIDAY, FEBRUARY 26, 1971

1483'

unless such garbage has been processed in such manner as to render the same free of any infectious or contagious disease which might affect domestic animals or human beings, so as to prohibit the feeding of gar bage to swine; and for other purposes.

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

HB 119. By Messrs. Buck of the 84th, Bostick of the 63rd, Bowen of the 47th and others:
A Bill to establish a State Commission on Compensation to assist the General Assembly in setting the compensation of constitutional State officers and fulltime heads of State agencies, authorities, boards, bu reaus, commissions, committees and departments whose compensation is set by Act of the General Assembly; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 66. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to amend Code Chapter 88-9, relating to air quality control, so as to provide for a civil action to recover penalties for the violation of any of the provisions of this Chapter; to repeal conflicting laws; and for other purposes.
SB 67. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to amend Code Chapter 88-9, "Air Quality Control", so as to provide that any person planning to construct or operate facilities which may result in air pollution be required to obtain a permit; to re peal conflicting laws; and for other purposes.
SB 69. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to amend an Act known as the Georgia Water Quality Control Act, so as to authorize the Board to institute proceedings of mandamus to enforce the provisions of this Act; to repeal conflicting laws and for other purposes.
SB 72. By Senators Holloway of the 12th, Gillis of the 20 and Kidd of the 25th:
A Bill to amend an Act known as the "Georgia Water Quality Con trol Act", so as to provide for civil action to recover penalties for the

1484

JOURNAL OF THE HOUSE,

violations of provisions of this Act; to repeal conflicting laws; and for other purposes.

SB 153. By Senator Walling of the 42nd:
A Bill to create the Citizens Environmental Council; to provide for its duties, membership, appointment and powers; to provide for an execu tive director; to repeal conflicting laws; and for other purposes.

SB 189. By Senator Smith of the 18th:
A Bill to amend an Act providing an alternative method for extending the boundaries of certain municipalities, so as to make said Act appli cable to all incorporated municipalities; to repeal conflicting laws; and for other purposes.

SB 222. By Senator Webb of the llth:
A Bill to amend an Act creating a new Charter for the City of Colquitt, as amended, so as to provide that the mayor may succeed him self; and for other purposes.

SB 226. By Senator Kennedy of the 4th:
A Bill to create the Evans County Industrial Development Authority; and for other purposes.

SB 232. By Senator London of the 50th:
A Bill to amend an Act creating the office of Tax Commissioner of Pickens County, as amended, so as to provide an annual salary for the Tax Commissioner in lieu of fees, commissions and other emoluments with certain exceptions; and for other purposes.

SB 234. By Senator Spinks of the 9th:
A Bill to amend an Act establishing the Tift County Airport Au thority so as to correct and clarify the provisions of said Act providing for the membership of said Authority; and for other purposes.

SB 236. By Senators Smith of the 34th, Coggin of the 35th, Patton of the 40th and others:
A Bill to amend an Act establishing a new charter for the City of College Park, as amended, so as to change the corporate limits; and for other purposes.

FRIDAY, FEBRUARY 26, 1971

1485

SB 238. By Senator Parker of the 31st:
A Bill to repeal Code Section 114-403, relating to the right of subroga tion by employers and others, as amended; to repeal conflicting laws; and for other purposes.

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

HB 168. By Messrs, Miles, Mulherin and Cheeks of the 78th, Smith and Sherman of the 80th, Dent and Connell of the 79th:
A Bill to amend an Act authorizing the solicitors of certain counties, so as to change population figures contained therein and the census; and for other purposes.

HB 230. By Messrs. Scarborough, Bennett, Evans, Pinkston and Brown of the 81st and others:
A Bill to amend an Act creating the office of Assistant Solicitor of the State Court of Bibb County, so as to provide for the creation of two offices of Assistant Solicitor of said Court; and for other purposes.

HB 288. By Mr. Miles of the 78th, and others:
A Bill to amend an Act providing for a supplement to the salary of certain district attorneys, so as to change the population figures and the census contained therein; and for other purposes.

HB 289. By Mr. Miles of the 78th, and others:
A Bill to amend an Act authorizing the appointment of assistants to certain coroners, so as to change the population figures and the census contained therein; and for other purposes.

HB 291. By Mr. Miles of the 78th and others:
A Bill to amend an Act relating to the collection and remission of commissions of certain tax commissioners, so as to change the popula tion figures and the census contained therein; and for other purposes.

HB 292. By Mr. Miles of the 78th and others:
A Bill to amend an Act providing for additional compensation for per manent employees of certain counties, so as to change the population figures and the census contained therein; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 293. By Mr. Miles of the 78th and others:
A Bill to amend an Act fixing the compensation of certain elected of ficials, so as to change the population figures and the census contained therein; and for other purposes.

HB 294. By Mr. Miles of the 78th and others:
A Bill to amend an Act prohibiting the dumping of trash and other refuse in certain counties, so as to change the population figures and census contained therein; and for other purposes.

HB 295. By Mr. Miles of the 78th and others:
A Bill to amend an Act fixing the salaries of the court reporters, special bailiffs and secretaries to the Superior Court Judges of certain Coun ties, so as to change the population figures and the census contained therein; and for other purposes.

HB 296. By Mr. Miles of the 78th and others:
A Bill to amend an Act providing for a lawful assistant for the Judge of Superior Courts of Certain Counties, so as to change the population figures and census contained therein; and for other purposes.

HB 297. By Mr. Miles of the 78th and others:
A Bill to amend an Act providing for the payment of witness fees to law enforcement officers in certain counties, so as to change the popula tion figures and the census contained therein; and for other purposes.

HB 298. By Mr. Miles of the 78th, and others: A Bill to amend an Act providing additional compensation for the district attorneys of certain judicial circuits, so as to change the population figures and census contained therein; and for other purposes.
HB 299. By Mr. Miles of the 78th and others: A Bill to amend an Act providing for the establishment of depositories of trash and depositories of trash and refuse in certain counties, so as to change the population figures and the census contained therein; and for other purposes.
HB 300. By Mr. Miles of the 78th and others: A Bill to amend the "Juvenile Court Act", so as to change certain of the population figures and the census contained therein; and for other purposes.

FRIDAY, FEBRUARY 26, 1971

1487

HB 301. By Mr. Miles of the 78th and others:
A Bill to amend an Act providing for the appointment of certain as sistants to certain district attorneys, so as to change the population figures and the census contained therein; and for other purposes.

HB 302. By Mr. Miles of the 78th and others:
A Bill to amend Code Section 21-105, relating to the fees of coroners, so as to change the population figures and the census contained therein; and for other purposes.

HB 303. By Mr. Miles of the 78th, and others:
A Bill to amend an Act providing for the appointment of a secretary to certain judges of the State Courts in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 304. By Mr. Miles of the 78th and others:
A Bill to amend an Act providing additional compensation for certain district attorneys, so as to change the population figures and census contained therein; and for other purposes.

HB 305. By Mr. Miles of the 78th and others:
A Bill to amend an Act authorizing the establishment of law libraries in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 306. By Mr. Miles of the 78th and others: A Bill to amend an Act providing for the appointment of an assistant solicitor in the State Court of certain counties, so as to change the population figures and the census contained therein; and for other purposes.
HB 307. By Mr. Miles of the 78th and others: A Bill to amend an Act relating to the conduct of certain public of ficials in certain counties and political subdivisions, so as to change the population figures and census contained therein; and for other purposes.
HB 308. By Mr. Miles of the 78th and others: A Bill to amend an Act relating to the appointment of certain assistants to certain district attorneys, so as to change the population figures and census contained therein; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 309. By Mr. Miles of the 78th and others:
A Bill to amend Code Section 38-1501, relating to the attendance of witnesses and the fees therefor, so as to change the population figures and the census contained therein; and for other purposes.

HB 310. By Mr. Miles of the 78th and others:
A Bill to amend an Act relating to the appointment of a clerk for the district attorney in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 311. By Mr. Miles of the 78th and others:
A Bill to amend an Act providing for the appointment of a jury clerk in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 312. By Mr. Miles of the 78th and others:
A Bill to amend an Act providing for the appointment of an executive secretary and calendar clerk to the judge of the superior courts in cer tain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 313. By Mr. Miles of the 78th and others:
A Bill to amend an Act relating to the appointment of court reporters to the judges of the superior courts of certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 400. By Mr. Grantham of the 55th: 1 A Bill to amend an Act creating a charter for the city of Douglas, so as to extend the corporate limits of said city; and for other purposes.
HB 403. By Messrs. Chance, Nessmith and Lane of the 44th: A Bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said Court; and for other purposes.

HB 410. By Mr. Collins of the 62nd:
A Bill to amend an Act creating a Small Claims Court in each county of this State, so as to change the minimum and maximum population figures; and for other purposes.

FRIDAY, FEBRUARY 26, 1971

1489

HB 449. By Mr. Colwell of the 5th:
A Bill to amend an Act requiring the clerks of the superior courts of certain counties to attend the court of Ordinary for the trial of certain cases, so as to change the population figures contained therein and the census; and for other purposes.

HB 485. By Mr. Fraser of the 59th:
A Bill to amend an Act creating a new charter for the City of Hinesville, so as to change the date on which municipal elections shall be held; to change the hours prescribed for the polls to remain open; and for other purposes.

HB 486. By Mr. Fraser of the 59th:
A Bill to amend an Act creating a charter for the city of Midway, so as to add one councilman and to provide for four terms of office for the mayor and council of the city of Midway; and for other purposes.

HB 503. By Messrs. Coney of the 82nd, Brown, Evans, Bennett, Scarborough and Pinkston of the 81st and Miller of the 83rd:
A Bill to amend Code Section 59-106, relating to the revision of the jury lists and the selection of grand and traverse jurors, so as to pro vide that in certain counties jury commissioners shall select a number of citizens to serve as grand jurors which shall not be less than 3% of the total number of registered electors; and for other purposes.

HB 505. By Messrs. Davis and King of the 86th, Pearce and Buck of the 84th, Berry and Thompson of the 85th:
A Bill to amend the charter of Columbus, redesignating the name of the city court of Columbus, to the State Court of Columbus; and for other purposes.

HB 521. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to amend an Act abolishing the fee system of compensating the clerk of the superior court and the city court clerk in Sumter County, so as to change the compensation of said clerk and certain employees of said clerk; and for other purposes.

HB 96. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to implement a constitutional amendment authorizing the increase of retirement or pension benefits of retired persons who retired pursuant to the Teachers' Retirement System Act; and for other purposes.

1490

JOURNAL OF THE HOUSE,

HB 98. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to amend an Act establishing a Teachers' Retirement System, so as to delete the requirement that a member obtain advance approval from the Board of Trustees in the event he desires to pursue full-time study which will require a break of service of more than two years; and for other purposes.

HB 151. By Messrs. Murphy of the 19th and Coney of the 118th:
A Bill to add one additional judge of the superior courts of Tallapoosa Judicial Circuit of Georgia; and for other purposes.

HB 321. By Mr. Egan of the 116th:
A Bill to amend Code Title 88, known as the "Georgia Health Code", so as to provide a specific enumeration of person authorized and em powered to consent, either orally or otherwise, to surgical or medical treatment which may be suggested, recommended, prescribed or di rected by a duly licensed physician; and for other purposes.

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

HR 146. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th and others:
A Resolution urging the legislatures of other States to adopt a Resolu tion directed to the signatories of the last Geneva Convention; and for other purposes.

HR 147. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, and many others:
A Resolution urging the signatories of the last Geneva Convention to exert their influence in an effort to persuade the Government of North Vietnam to live up to the rules of the last Geneva Convention concerning prisoners of war; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 97. By Messrs. Farrar of the 77th and Buck of the 84th: A Bill to amend an Act establishing the Teachers' Retirement System, so as to provide that in the case of retirement of any member prior

FRIDAY, FEBRUARY 26, 1971

1491

to his attaining the age of 62 years the service allowance shall be re duced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years; and for other purposes.

HB 100. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to amend an Act establishing a Teachers' Retirement System, so as to delete the prohibition against providing increased retirement funds to members who have retired after July 1, 1961; and for other purposes.

HB 217. By Messrs. Bell of the 73rd, Jordan of the 74th, Berry of the 85th and Gary of the 21st:
A Bill to provide that each county and municipality of this State, by appropriate resolution or ordinance, shall require the issuance of cer tain permits relative to the location or relocation of certain mobile homes; and for other purposes.

HB 272. By Mr. Shanahan of the 8th and others:
A Bill to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; and for other purposes.

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

SR 91. By Senators Plunkett of the 30th, Holloway of the 12th, Gillis of the 20th and others:
A Resolution congratulating a marvelous man on his twenty-fifth anni versary as Secretary of State; and for other purposes.

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

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to amend an Act (approved February 28, 1965, p. 268), so as to increase the excise tax on cigarettes; to impose an excise tax on cigarettes held or possessed by every dealer or distributor of cigar ettes on the effective date of this Act; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Smith of the 18th, Reynolds of the 48th, and London of the 50th.

1492

JOURNAL OF THE HOUSE,

The Senate insists on its amendments to the following Bill of the House, to-wit:

HB 126. By Mrs. Merritt of the 46th and others:
A Bill to amend an Act known as the "Georgia Food Act", so as to define the term "food sales establishment"; and for other purposes.

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

HB 676. By Messrs. Howard, Atherton, Kreeger, McDaniell and Housley of the 117th and many others:
A Bill to be entitled an Act to amend an Act changing the qualifica tions of persons elected ordinary in certain counties of this State, as amended, so as to provide that the ordinaries in such counties shall not engage in the private practice of law; and for other purposes.

The Committee on Special Judiciary moves to amend HB 676 as follows:
By inserting between the words "ordinary" and "No" as they appear in line 1 of page 2, the following:
"Nothing contained within the foregoing language shall apply to any person now holding the office of ordinary in any such county."
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective on January 1,1973."
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 syes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 173. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Alexander of the 96th, Adams of the 100th and many others: A Bill to be entitled an Act to amend an Act so as to provide for

FRIDAY, FEBRUARY 26, 1971

1493

preservation of maximum pension benefits by postponing the date for commencement of such benefits; and for other purposes.

The report 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 174. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Alexander of the 96th, Adams of the 100th, and many others:
A Bill to be entitled an Act to amend an Act so as to provide that the right to elect claim entitlement to prior service credit may be exer cised at any time during such employee's employment, upon satisfaction of all other conditions to such right of election; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 177. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Alexander of the 96th and many others: A Bill to be entitled an Act to amend an Act so as to increase the amount of dependent benefits from 60% to 70%; and for other purposes.

The report 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 320. By Messrs. Keyton and Russell of the 70th: A Bill to be entitled an Act to amend an Act creating a Small Claims

1494

JOURNAL OF THE HOUSE,
Court in certain counties, as amended, so as to change the population figures and the census contained therein; and for other purposes.

The report 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 520. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, as amended, so as to change the compensation of the Chairman and other Commissioners of Roads and Revenues of Sumter 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.

HB 758. By Messrs. Davis, Westlake, Granade and Floyd of the 75th and many others:
A Bill to create a County Commission of Efficiency and Economy in Government in each County 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 ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 769. By Messrs. Dorminy and Hudson of the 48th: A Bill to be entitled an Act to amend an Act placing the sheriff of

FRIDAY, FEBRUARY 26, 1971

1495

Turner County upon an annual salary, so as to provide for the employ ment of a secretary for 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 770. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act creating a Small Claims Court in each county having a population of not less than 8,750 and not more than 8,950 according to the U. S. Decennial Census of 1970 or any future such census; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 771. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to increase the compen sation of the 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 773. By Messrs. Turner, Cole and Smith of the 3rd: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Chatsworth, as amended, so as to change the corporate limits of said City; and for other purposes.

1496

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 774. By Messrs. Turner, Cole and Smith of the 3rd:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Murray 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.

HB 776. By Messrs. Levitas, Russell, Farrar and Thomason of the 77th: A Bill to be entitled an Act creating a new charter for the City of Decatur, as amended, so as to provide for an additional member of the Board of Education; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 780. By Messrs. Matthews and Patton of the 63rd:
A Bill to be entitled an Act to amend an Act creating the State Court of Colquitt County, as amended, so as to change the salary of the Judge of said Court and the Solicitor of said Court; and for other purposes.

FRIDAY, FEBRUARY 26, 1971

1497

The report 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 781. By Messrs. Wilson, Kreeger, Housley, McDaniell and Howard of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, as amended, so as to provide for an additional judge; and for other purposes.

The report 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 789. By Messrs. Griffin and Conger of the 68th: A Bill to be entitled an Act to increase the membership of the Board of Education of Decatur County by two 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 66. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th: A Bill to be entitled an Act to amend Code Chapter 88-9, relating to

1498

JOURNAL OF THE HOUSE,

air quality control, so as to provide for a civil action to recover penal ties for the violation of any of the provisions of this Chapter; and for other purposes.
Referred to the Committee on Natural Resources.

SB 67. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 88-9, "Air Quality Control", so as to provide that any person planning to construct or operate facilities which may result in air pollution be required to obtain a permit; and for other purposes.
Referred to the Committee on Natural Resources.
SB 69. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to authorize the Board to institute proceedings of mandamus to enforce the provisions of this Act; and for other purposes.
Referred to the Committee on Natural Resources.

SB 72. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide for civil action to recover penalties for the violations of provisions of this Act; and for other purposes.
Referred to the Committee on Natural Resources.

SB 153. By Senator Walling of the 42nd:
A Bill to be entitled an Act to create the Citizens Environmental Coun cil; to provide for its duties, membership, appointment and powers; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

SB 238. By Senator Parker of the 31st:
A Bill to be entitled an Act to repeal Code Section 114-403, relating to the right of subrogation by employers and others, as amended; and for other purposes.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 26, 1971

1499

SB 189. By Senator Smith of the 18th:
A Bill to be entitled an Act to amend an Act providing an alternative method for extending the boundaries of certain municipalities, so as to make said Act applicable to all incorporated municipalities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

SB 222. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Colquitt, so as to provide that the Mayor may succeed himself; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local legislation.

SB 226. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to create the Evans County Industrial De velopment Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

:SB 232. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Pickens County, so as to provide an annual salary for the Tax Commissioner in lieu of fees, commissions and other emolu ments with certain exceptions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local legislation.

:SB 234. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act establishing the Tift County Airport Authority, so as to correct and clarify the provisions of said Act providing for the membership of said Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

;SB 236. By Senators Smith of the 34th, Coggin of the 35th, Patton of the 40th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1500

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the Senate was withdrawn from the General Calendar and recommitted to the Committee on Special Judiciary:

SB 142. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act establishing juvenile courts, as amended, so as to require judges of the juvenile courts to release the name and picture, if available, of any child under the jurisdiction of the Court as delinquent child for the second or subsequent time; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on State Institutions and Property:

HB 779. By Messrs. Eush and Salem of the 51st, Brantley of the 52nd and Fraser of the 59th:
A Bill to authorize the furnishing by the State Board of Corrections of a Deputy Clerk to assist the Clerk of the Superior Court of Tattnall County in the handling of Habeas Corpus litigation arising from State penal institutions within Tattnall County; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

HB 119. By Messrs. Buck of the 84th, Bostick of the 63rd, Bowen of the 47th and many others:
A Bill to be entitled an Act to establish a State Commission on Compen sation to assist the General Assembly in setting the compensation of constitutional State officers and fulltime heads of State agencies, authorities, boards, bureaus, commissions, committees and departments j and other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to establish a State Commission on Compen sation to assist the General Assembly in setting the compensation of constitutional State officers including members of the General Assembly and full-time heads of State agencies, authorities, boards, bureaus, com missions, committees and departments whose compensation is set by the Constitution, by law or by Act of the General Assembly; to provide for the composition of the Commission and for the terms of office, method of appointment, qualifications, oath of office, salary, expenses and

FRIDAY, FEBRUARY 26, 1971

1501

allowances of Commission members; to provide a method for filling va cancies on the Commission; to authorize the members to select a chair man and to prescribe rules and procedures; to provide for the prepara tion of a comparative compensation study and a report to be made to the General Assembly; to provide for the approval of the Commission's re port; to provide for the effect of the report; to provide for subsequent reports and their effect; to state the intent of the General Assembly; to provide procedures in connection with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. A State Commission on Compensation hereby is estab lished for the purpose of assisting the General Assembly in setting the compensation of constitutional State officers including members of the General Assembly and full-time heads of State agencies, authorities, boards, bureaus, commissions, committees and departments whose com pensation is set by the Constitution, by law or by Act of the General Assembly.
Section 2. The Commission shall be composed of twelve members who shall serve for a term of four years and until their successors shall have been appointed and qualified. No person shall be qualified for appointment to office as a member of the Commission who is an officer or employee of the State at the time of his selection for appointment. Four members shall be appointed by the Governor, at least one of whom shall be regularly engaged in the field of business finance or business management. Two members shall be appointed by the Lieutenant Gov ernor, at least one of whom shall be experienced in labor-management relations. Two members shall be appointed by the Speaker of the House, at least one of whom shall be experienced in labor-management rela tions. Four members shall be appointed by the Justices of the Supreme Court, at least one of whom shall be authorized to practice law in the State of Georgia. Should any vacancy on the Commission occur from death, resignation or otherwise, the appointing authority shall appoint a successor member to serve during the unexpired term.
Section 3. Members of the Commission shall take an oath to uphold the Constitution and laws of the United States and of the State of Geor gia and shall receive a salary of $25.00 per day for each day of service and such expenses and allowances while performing their duties of office as are refundable to State employees. All expenses incurred by the Com mission in the performance of its duties shall be paid from funds avail able to the General Assembly. The Commission shall meet no more than thirty days during the year it is established and no more than fifteen in any year thereafter.

Section 4. The Commission shall meet immediately after a majority of its members have taken the oath of office, shall select from the mem bers one of their number to serve as chairman and shall adopt such rules and procedures as may be deemed necessary for the expeditious ac complishment of the obligations of the Commission. The Commission shall be authorized to employ staff personnel as necessary to accomplish Commission objectives.

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JOURNAL OF THE HOUSE,

Section 5. The Commission shall make a study of the compensa tion currently being paid by the State to all constitutional State officers including members of the General Assembly and all full-time heads of State agencies, authorities, boards, bureaus, commissions, committees and departments whose compensation is set by the Constitution, by law or by an Act of the General Assembly and shall compare such compen sation with that currently being received by officers and employees serving in comparable positions with the federal government, the Stata of Georgia, other states, local governments, and in industry, business and the professions. In making this comparative study, the Commission shall utilize all available data pertaining to prevailing market rates and relating to the costs and standards of living of persons in comparable positions.

Section 6. The Commission shall file, as herein provided, a written report based upon its studies in which a recommended compensation shall be stated for each constitutional officer including members of the General Assembly and each full-time head of the State agencies, authorities, boards, bureaus, commissions, committees and departments whose compensation is set by the Constitution, by law or by Act of the General Assembly.

A copy of said report shall be filed with the Governor, Lieutenant Governor, Speaker of the House of Representatives, Clerk of the House of Representatives, Secretary of the Senate, Legislative Counsel, Chief Justice of the Supreme Court and Chief Judge of the Court of Appeals.

The Commission shall prepare and file its initial written report on or before the first day of any extraordinary session convened by procla mation of the Governor or otherwise during 1971. Thereafter the Com mission shall file a written report as herein provided at least thirty days prior to the convening of the General Assembly in regular session at which the General Appropriations Bill is first considered. The written report of the Commission shall be filed notwithstanding a determination by the Commission that no compensation increase or decrease is recom mended.

Whenever a written report of the Commission's compensation Plan is filed as herein provided, a bill shall be prepared suitable for intro duction in either the Senate or House of Representatives containing the compensation recommended by the Commission and such bill shall be introduced at the next session of the General Assembly convening after the filing of said written report.

In the event of an extraordinary session of the General Assembly during 1971, any such bill relative to the Commission's Compensation Plan may be acted upon if included in the proclamation convening such extraordinary session. Such bill and the compensation contained therein in order to become effective, shall receive the same number of readings and go through and be subject to the same procedure as required by the Constitution for any other bill.

Section 7. It is the intention of the General Assembly that this Act shall not be construed so as to authorize the Commission to reduce the

FRIDAY, FEBRUARY 26, 1971

1503

compensation of constitutional State officers below that established by the Constitution or so as to deprive the General Assembly of plenary power to enact laws affecting compensation in. accordance with the provisions of the Constitution.

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Buck of the 84th moved that the House disagree to the Senate substitute.

The motion prevailed and the Senate substitute to HB 119 was disagreed to.

HB 217. By Messrs. Bell of the 73rd, Jordan of the 74th, Berry of the 85th and Gary of the 21st:
A Bill to be entitled an Act to provide that each county and municipality of this State, by appropriate resolution or ordinance, shall require the issuance of certain permits relative to the location or relocation of cer tain mobile homes; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 217 as follows:
On page 3, line 3 between the words, "a" and "fee" insert the word, "minimum".

Mr. Bell of the 73rd 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle

Bell Bennett, J. T. Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen

Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr

1504
Carter Chance Chandler Chappell Cheeks Clements Cole Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. B. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays

JOURNAL OF THE HOUSE,

Hill, B. L. Hill, G.
Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan
Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax

Murphy Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Vaughn Ware Westlake Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Black Brantley, H. H. Collier Collins, M. Collins, S. Dailey

Farrar Gaynor Hawes Johnson Levitas Longino

McCracken McDaniell McDonald Northcutt
Phillips, G. S.. Phillips, L. L..

Roach Russell, W. B. Smith, J. R. Snow

FRIDAY, FEBRUARY 26, 1971

1506

Thomason Townsend Wamble Wheeler, Bobby

Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 167, nays 0.

The motion prevailed and the Senate amendment to HB 217 was agreed to.

HB 97. By Messrs. Farrar of the 77th and Buck of the 84th:
A bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that in the case of retirement of any member prior to his attaining the age of 62 years the service allow ance shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years; and for other purposes.

The following Senate amendment was read:
The Senate Retirement Committee offers the following amendment to House Bill 97:
1. By deleting from Line 17, Page 1 the number "10" and inserting in lieu thereof the number "15."
2. By deleting from Line 19, Page 1 the number "10" and inserting in lieu thereof the number "15."
S. By deleting from Line 28, Page 2 the word "of" and inserting in lieu thereof the word "from."
4. By deleting from Line 8, Page 3 the number "10" and inserting in lieu thereof the number "15."
5. By deleting from Line 9, Page 3 the number "10" and inserting in lieu thereof the number "15."
6. By deleting Line 13, Page 3 and inserting in lieu thereof a new line 13 to read as follows:
"(5),Subparagraph (a) or (b)."
Mr. Farrar of the 77th moved that the House agree to the Senate amend ment.
On the motion, the roll call was ordered and the vote was as follows:;

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Clements Cole Collier Gollins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy
Drury
Edwards
Evans
Ezzard
Farrar
Felton

Floyd, J. H. Floyd, L. R. Fraser Gary Gei singer Grahl Grantham Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell

McDaniell McDonald Melton Merritt Milford Miller Morgan Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Sorrells Stephens Sweat Thompson Toles Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

FRIDAY, FEBRUARY 26, 1971

1507

Voting in the negative was Mr. Gib Dean.

Those not voting were Messrs.:

Battle Bennett, Tom Buck Cheeks Cook Dailey Dean, J. E. Egan Gaynor Gignilliat Granade Greer Gunter

Jones, Herb
Keyton Longino McCracken Miles Moore Moyer Murphy Peters Phillips, G. S. Phillips, L. L. Pickard

Rainey Russell, H. P. Scarborough Smith, V. T. Snow Strickland Thomason Townsend Triplett Wamble Ware Mr. Speaker

On the motion, the ayes were 157, nays 1.

The motion prevailed and the Senate amendment to HB 97 was agreed to.

HB 100. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing a Teachers' Retirement System, so as to delete the prohibition against providing increased retirement funds to members who have retired after July 1, 1961; and for other purposes.

The following Senate amendments were read:

The Senate Committee on Retirement moves to amend HB 100 as follows: By inserting after the last word on Line 27, Page 1, "available",
the following: " Semi-annually ".
The Senate Committee on Retirement moves to amend HB 100 as follows:
By deleting from Line 4, Page 2 the following language: "State Funds."
and inserting in lieu thereof the following: "Any funds which may have been appropriated for that
purpose."

1508

JOURNAL OF THE HOUSE,

Mr. Parrar of the 77th moved that the House agree to the Senate amend ments.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruas Busbee Carr Carter Chance Chandler Chappell Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W.
Dean, Gib
Dean, N.
Dent
Dixon
Dorminy

Drury Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Geisinger Grahl Grantham Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S.
Leggett
Lewis
Logan
Marcus

Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Ross Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.
Sorrells
Stephens
Sweat
Thompson
Toles

Tripp Turner Vaughn Ware

FRIDAY, FEBRUARY 26, 1971

1509

Westlake Wheeler, J. A. Whitmire Williams

Wood Wilson

Voting in the negative was Mr. Levitas.

Those not voting were Messrs.:

Battle Bennett, Tom Bowen Cheeks Cook Dailey Dean, J. E. Edwards Egan Floyd, J. H. Gaynor Gignilliat Granade Greer

Gunter Johnson Jones, Herb Keyton Knowles Longino Lowrey McCracken Miles Moore Murphy Peters Phillips, L. L.

Rainey Roach Russell, H. P. Scarborough Smith, V. T. Snow Strickland Thomason Townsend Triplett Wamble Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 154, nays 1.

The motion prevailed and the Senate amendments to HB 100 were agreed to.

HB 92. By Mr. Smith of the 43rd and others:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein, and the purposes provided for herein; and for other purposes.

The following Senate substitute was read:
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 Appropria tions Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), as amended by an Act approved February 21, 1970 (Ga. Laws 1970, p. 32), so as to change the appropriations of certain agencies of the State for the re-

1510

JOURNAL OF THE HOUSE,

mainder of the fiscal year ending June 30, 1971; to make language and object class changes; 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
The purpose of this Article relates to reductions in F. Y. 1971, and incorporates a reduction in the Fiscal 1971 revenue estimate of the Governor as follows:
Existing estimate __________________-___-__________-____$ 1,025,000,000 Revised estimate ___________________________,,_________,,___.$ 1,015,000,000

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), as amended by an Act approved February 21, 1970 (Ga. Laws 1970, p. 32), is hereby amended by striking from Section 24, relating to the Department of Public Safety, the figure "$15,808,575" and inserting in lieu thereof the figure "$15,658,575", and by striking the following:

"Personal Services _.____.____________________________$ 11,987,286.00" and inserting in lieu thereof the following:
"Personal Services ________________________________$ 11,837,286.00".

Section 2. Said Act is further amended by striking from Section 28A., relating to the Department of Reve nue, the figure "$14,530,328" and inserting in lieu thereof the figure "$14,280,328", and by adding the following:

"Changed object: Personal Services _____________________--.______$ 10,875,328.00".

Section 3. Said Act is further amended by striking from Section 36K(a), relating to the Department of Parks, the figure "$2,199,855" and inserting in lieu thereof the figure "$2,149,855".

Section 4. Said Act is further amended by striking from Section 37A., relating to the State Board of Corrections, the figure "$15,519,030" and inserting in

FRIDAY, FEBRUARY 26, 1971

1511

lieu thereof the figure "$15,319,030", and by adding the following:

"Changed object:

Personal Services __,,_______________--_--_------__$ 9,770,200.00".

Section 5. Said Act is further amended by striking Section 37B., relating to authority lease rentals of the State Board of Corrections, in its entirety and inserting in lieu thereof a new Section 37B. to read as follows:
"B. Capital Outlay-Authority Lease RentalsAnnual Lease Payments to Georgia Building Au thority (Penal).

1970-71 --_---_-------__,,_-..._-_,,._.._--..-----$ 1,273,000.00

Provided, that from the above appropriated amount, $433,000.00 is designated and committed to pay rentals to the Georgia Building Au thority (Penal) to permit the issuance of bonds to finance new projects, $273,000.00 of which shall be used for the purpose of constructing a new prison for women, and $160,000.00 of which shall be used for the purpose of constructing a work release facility."

Section 6. Said Act is further amended by striking from Section 40A., relating to the State Board of Edu cation and the Department of Education the figure "$400,660,810.90" and inserting in lieu thereof the fig ure "$398,710,810.90", and by changing the object classes to the amounts listed hereinafter the follows:
"Teacher's Salaries _________-___.__.___--___-----$229,437,279.00
Other Certificated Professional Personnel Salaries ~_-______--------------------$ 38,235,083.00
Maintenance, Operation and Sick Leave ___..____._______.____.._..$ 41,915,544.00
Mid-term Adjustment --_._____._____-__.._$ -0-".

Section 7. Said Act is further amended by striking from Section 46A., relating to the State Board of Regents, the figure "$158,630,600" and inserting in lieu thereof the figure "$156,402,493.51", and by adding after "Changed objects" the following:
"Teacher's Retirement __._____.____.__..$ 9,501,000.00".

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JOURNAL OF THE HOUSE,

And by striking in the last paragraph of said Section the figure $1,000,000.00", and inserting in lieu thereof the figure "$3,728,106.49", so that when so amended said last paragraph shall read as follows:

"Provided, however, that from the fund des ignated in the audit of the Board of Regents for 1969 as reserve for failure of Federal funds, $3,728,106.49 shall be used by the Board of Regents for the general cost of operation." And by adding at the end of Section 46A. a new paragraph to read as follows:

"Provided, that from the above appropriation, the sum of $1,000,000 is designated and committed for payment to the Georgia Education Authority (University) for the establishment of a construc tion revolving fund."

Section 8. Said Act is further amended by striking from Section 49E., relating to grants to counties for administration and services under the Department of Family and Children Services, the figure "$10,526,255" and inserting in lieu thereof the figure "$9,626,255", and by striking the following:

"Grants to Counties ___...__..._......._.__...__...$ 30,189,900.00"

and inserting in lieu thereof the following:

"Grants to Counties -_-_,,.-_-_-._..__._.__.__.__..._..$ 28,000,000.00".

Section 9. Said Act is further amended by striking from Section 49F., relating to Youth Institutions under the Department of Family and Children Services, the figure "$9,458,900" and inserting in lieu thereof the i . figure "$7,058,900", and by adding the following:

"Changed object: "Capital Outlay ....._.._____._,,.....-_.-_..__..._........_$ 100,000.00".

"

Section 10. Said Act is further amended by striking

from Section 50A., relating to Capital Outlay--Au

thority Lease Rentals under the Department of Public

Health, the figure "$5,884,000" and inserting in lieu

thereof the figure "$5,684,000", and by adding the

following:

"Changed object:
Authority Lease Rentals .-_.._._....._-...._..__...._..__.__......._...$ 5,684,000.00".

FRIDAY, FEBRUARY 26, 1971

1513

Section 11. Said Act is further amended by striking from Section 50B., relating to Central State Hospital under the Department of Public Health, the figure "$34,875,551" and inserting in lieu thereof the figure "$34,735,551", and by changing the object classes as follows:

"Personal Services __..___.__.._.__.___.._..$ 27,861,256.00 Operating Expenses -_...-.-..,,_..____.,,_...-.-._..,,.-.___$ 8,734,721.00".

Section 12. Said Act is further amended by striking from Section 50C., relating to the Georgia Mental Health Institute under the Department of Public Health, the figure "$6,304,200" and inserting in lieu thereof the figure "$6,134,200", and by changing the object classes as follows:

"Personal Services ....._.._-.___.._-_...-.--._,,._...-...._.$ 5,020,117.00 Operating Expenses -._.._.-.-_._.__..._...--.__,,.__._..$ 1,561,055.00".

Section 13. Said Act is further amended by striking from Section 50D., relating to the Georgia Regional Hospital at Atlanta under the Department of Public Health, the figure "$5,557,900" and inserting in lieu thereof the figure "$5,217,900", and by adding the following:

"Changed objects:

Personal Services _..__......._._.._....__.._.....__..$ 4,117,506.00 Operating Expenses _.,,___________.....___-.___.________..-_...$ 1,283,514.00".

Section 14. Said Act is further amended by striking from Section 50E., relating to the Georgia Regional Hospital at Augusta under the Department of Public Health, the figure "$4,041,300" and inserting in lieu thereof the figure "$3,821,300", and by adding the following:
"Changed objects:
Personal Services _..___..._..___._____--._,,_.___.$ 3,017,375.00
Operating Expenses .._..__._.__,,_.-__._..._,,._.$ 839,925.00".

Section 15. Said Act is further amended by striking from Section 50F., relating to the Georgia Regional Hospital at Savannah under the Department of Public Health, the figure "$3,160,000" and inserting in lieu thereof the figure "$2,660,000", and by adding the following:

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JOURNAL OF THE HOUSE,

"Changed objects:

Personal Services _____________________________________-$ 2,139,144.00 Operating Expenses _____________,,__.._-___--_______..__.____-_,,_-__$ 520,856.00".

Section 16. Said Act is further amended by striking from Section 50K., relating to Regular Operations under the Department of Public Health, the figure "$19,728,578" and inserting in lieu thereof the figure "$18,878,578", and by adding after "Changed objects" the following:

"Personal Services _________._._.___..__.___.___________________4 11,174,294.00"

and by striking the following:

'^ "Grants _______________________,,__.____.__.______$ 10,429,113.00"

and inserting in lieu thereof the following:

"Grants-in-Aid ____________________________________________$ 9,786,221.00".

Section 17. Said Act is further amended by striking from Section 50L., relating to Southwestern State Hospital under the Department of Public Health, the figure "$5,664,000" and inserting in lieu thereof the figure "$5,584,000", and by adding the following:

"Changed object:

Personal Services _________________________________________________$ 4,558,300.00".

Section 18. Said Act is further amended by striking from Section 50M., relating to the Tuberculosis Control Program under the Department of Public Health, the figure "$3,881,700" and inserting in lieu thereof the figure "$3,741,700", and by adding the following:

"Changed objects:

Personal Services ._._.______________________________________________$ 3,590,723.00 Operating Expenses __.___,,__________._____________________$ 822,157.00"

Section 19. Said Act is further amended by striking from Section 13, relating to the Department of De fense, the following:

"Capital Outlay _________________________,,_..__,,__________$ -0-"

and inserting in lieu thereof the following:

FRIDAY, FEBRUARY 26, 1971

1515

"Operating Expenses Capital Outlay _.__._..

514,635.00 4,141.00

Provided that the funds in Capital Outlay shall be used to complete the National Guard Armory at Winder, Georgia."

Section 19A. Said Act is further amended by adding at the end of Section 32, relating to the State Treasury, the following:

"Changed objects:

Personal Services .. Operating Expenses

137,000.00 28,500.00".

Section 20. The total amount of reductions vided in the preceding Sections in this Article I, is $10,768,106.49.

ARTICLE II

Be it further enacted that the sums of money hereinafter provided in this Article II. are hereby appropriated as additional appropriations for the re mainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.

Section 21. Superior Courts.

A. Operations.

1970-71 ---._.___............____...__.$ 139,259.00

B. Office of District Attorneys.

1970-71 ....__... ___________________________.___.______$ 240,000.00

Object class:

Personal Services _.........._.._..._.___,,_._.._,,__..$ 240,000.00

Section 22. Bureau of State Planning and Com munity Affairs.
A. Operations.
1970-71 --____.___--___......._..__._._..__,,_.___..$

10,000.00

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JOURNAL OF THE HOUSE,

Object class:

Operating Expenses __.__--_.___......._._$ 10,000.00

Provided that Georgia's share of the compen sation of the State Representative of the Coastal Plains Regional Commission shall not exceed $10,000 per annum.

Provided that the Bureau of State Planning and Community Affairs is hereby directed not to expend $70,000.00 of the funds originally carried forward for the contract with the Institute of the Future on such contract but is authorized to expend $70,000.00 of such funds for the pur pose of contracting for a study to develop an interindustry system for planning economical de velopment in Georgia.

B. Grants to Area Planning and Development Commissions.
1970-71 ______-_____.._________._$

13,563.00.

Section 23. Department of Labor-Employment Security Agency.

1970-71 ---_-__._.._...__________________$ -0-

Changed objects:

Personal Services ._...__..____,,_,,__,,,,_,,..__.________$ 598,267.00 Operating Expenses ....._...._._..____.__....__...$ 1,215,424.00.

Section 24. Department of Revenue, Motor Vehicle Tag Purchases.

1970-71 ....._........._...._.__._____._.__..._._._.$ 359,152.00.

Section 25. Game and Fish Commission, Coastal Marshlands Protection Agency.

1970-71 _...___.._..__-_...--..___......._.__

The State Game and Fish Commission is hereby authorized to utilize existing appropriations to fund the activities relative to the above Agency which is de scribed in the Governor's recommendations contained in the Supplemental Budget Report submitted to the General Assembly at the regular 1971 Session.

FRIDAY, FEBRUARY 26, 1971 Section 26. Department of Parks. 1970-71 _._________________________________$

1517 80,000.00

Changed objects:
Personal Services ___----____.._.-._-.-.___._-.-.-.-.__.$ 1,886,716.00 Operating Expenses __--_-_____._._,,_._...._...._...$ 1,079,240.00 Capital Outlay -.,,______________________._____.._.$ 1,358,493.00

The above sum of $80,000.00 shall only be utilized in the acquisition cost of Tanner's Beach but the Bud get Bureau shall reduce said amount by a sum equal to the amount of Federal participation in said ac quisition cost.

Section 27. Department of Public Health, Medical Assistance Program.
Grants -- Benefit Payments 1970-71 ______________,,_,,_____._______._.___________.____$ 9,126,400.00 Section 28. Department of Education Grants. 1970-71 ___.________________________________________$ 76,200.00 Section 29. State Board of Regents. 1970-71 _____________________________________________$ 1,253,700.00 Object Class: Capital Outlay _______________________._._.________.___$ 727,700.00 Section 30. Governor's Emergency Fund. 1970-71 ____________.___.______________________$ 474,000.00 Section 31. Department of Agriculture. 1970-71 ___________.___.__._______________________$ 15,000.00 Object class: Operating Expenses _______________---_.__.__________$ 15,000.00 Provided that the above amount shall be used to

1518

JOURNAL OP THE HOUSE,

purchase and install a sampling machine and scale at the Foundation Seed operation in Sumter County, Georgia.

Section 32. Department of Public Safety.

1970-71 ._._________________________________________________ ..$ 122,000.00

Object Classes:

Personal Services _._--_---_,,.,,_...___.,,_..__.. ..$ 60,000.00

Operating Expenses

._$ 62,000.00

Provided that the above amount shall be utilized relative to 15 undercover agents for use as narcotic investigators, six laboartory scientists, and the related operating expenses.

Section 33. Secretary of State--Combined Divi sions.

1970-71 ........_.__._._._-_________._._____.$

7,500.00

Provided that the above amount shall be utilized to carry out the provisions of Code Chapter 91-4 relative to the inventory of real property require ments relating to the acquisition or disposition of real property.

Section 34. State Board of Education--Depart ment of Education. Capital Outlay--Authority Lease Rentals.

1970-71 __.._____________________________________________.$ 633,161.00

Object classes:

Authority Lease Rental Payments to the Georgia Education Authority (schools) on behalf of school systems _,,_____________________________________________$

622,469.00

Authority Lease Rental Payments to the Georgia Education Authority (schools) on behalf of Education Department facilities _________________________$

10,692.00.

Section 35. All expenditures and appropriations made and authorized in Article II. hereof shall be according to the objects and for the programs and activities as specified in the Governor's recommenda-

FRIDAY, FEBRUARY 26, 1971

1519

tions contained in the Supplemental Budget Report submitted to the General Assembly at the regular 1971 Session, except as otherwise specified in this Act.

Section 36. The total amount of the additional ap propriations provided in the preceding Sections of this Article II. is $12,549,935.00.

Section 37. All expenditures and appropriations made and authorized under this Article II. shall be ac cording to the objects and for the programs and activi ties as specified in the Governor's recommendations contained in the Supplemental Budget Report sub mitted to the General Assembly at the regular 1971 Session, except as otherwise specified in this Article II. The Director of the Budget is authorized to make in ternal transfers within a budget unit between ob jects and programs subject to the conditions that no funds whatsoever shall be transferred for use in initi ating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees 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 an nual report to the Appropriations 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, in stitution or other agency of this State are in violotion of this Section or in violation of any amend ments properly approved by the Director of the Bud get. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Bud get, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to ob ject such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 38. 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 Article 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

1520

JOURNAL OF THE HOUSE,

appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws
1962, p. 17).

The amount of the appropriations so reduced as directed herein and as determined by the Budget Bu reau 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 foregoing Sections of this Article 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.
Section 39. Wherever in this Article the term "Changed Objects" is used, it shall mean that the ob ject classification following such term shall be changed to the amounts following such object classifications from the amounts approved by the 1970 General As sembly.

ARTICLE III
Section 40. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 41. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Floyd of the 7th moved that the House disagree to the Senate substitute.

The motion prevailed and the Senate substitute to HB 92 was disagreed to.
HB 272. By Mr. Shanahan of the 8th and others: 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 following Senate amendment was read:
The Senate Committee on County and Urban Affairs offers the following amendment:

FRIDAY, FEBRUARY 26, 1971

1521

Amend HB 272 on page 1, line 10, by deleting the figure "23,500" and inserting in lieu thereof the figure "23,510".

Mr. Shanahan of the 8th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 272 was agreed to.

HB 275. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to change the date of the general primary; and for other purposes.

The following Senate amendments were read:

Senator Smith of the 18th moves to amend HB 275 as follows:
By striking Lines 7 through 9 on Page 1 and substituting in lieu thereof the following:
"withdraws; to provide for a board to conduct primaries and elections when an ordinary has opposition in any such primary or election; to repeal".
And by striking Lines 15 through 26 on Page 4 and substituting in lieu thereof the following:
"said Section in its entirety and substituting in lieu thereof the following:
'Section 34-405. Board to conduct primary or election when ordinary has opposition. In the event an ordinary is a candidate with opposition for any public office in a primary or election, a board to be composed of the ordinary, who shall serve as Chairman, an elector of the county named by the county democratic executive committee and an elector of the county named by the county re publican executive committee shall assume the duties of the elec tion superintendent for any such primary or election.' "

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offers the following amendment to HB 275:

1522

JOURNAL OP THE HOUSE,

Amend HB 275 by striking the language on page 1, line 14, which reads as follows:
"in September"

and by inserting in lieu thereof the following" "the second Wednesday in September"

and

by striking the language on page 1, line 15, which reads as follows: "in August"

and by inserting in lieu thereof the following:
"the second Tuesday in August" and by striking the language on page 4, line 21, which reads as follows:
"any public office in a primary or election, he may,"
and by inserting in lieu thereof the following:
"any public office in a primary or election, he shall,"
and by striking the language on page 4, line 24, which reads as fol lows:
"request the State Election Board to appoint a substitute"
and by inserting in lieu thereof the following: "request the county governing body to appoint a substitute"
and by striking the language on page 4, line 25 which reads as follows:
"superintendent to serve in his place in said primary or"
and by inserting in lieu thereof the following: "superintendent, who is a disinterested individual, to serve in
his place in said primary or" Mr. Greer of the 95th moved that the House agree to the Senate amendments.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, FEBRUARY 26, 1971

1523

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Clements Cole Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Edwards Egan Ezzard Felton Floyd, J. H.

Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Griffin Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas Lowrey Marcus Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles

Milford Miller Moore Morgan Mulherin Mullinax Murphy Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Sweat Thompson Toles Triplett Tripp Turner Vaughn Wheeler, J. A. Williams Wilson

Those not voting were Messrs. :

Alexander, W. M. Barfield Bennett, J. T. Bennett, Tom

Brantley, H. H. Brown, B. D. Cheeks Collier

Collins, M. Collins, S. Dailey Dean, Gib

1524
Dean, J. E. Drury Evans Farrar Gary Gaynor Granade Gunter Hamilton Hill; G. Johnson Jones, Herb King Lambert Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Leggett Lewis
Logan Longino Mason Matthews, C. McCracken McDonald Moyer Northcutt Phillips, L. L.
Pickard Rainey Russell, H. P. Russell, W. B.

Savage Smith, J. R.
Snow Strickland Thomason Towns'end Wamble Ware Westlake Wheeler, Bobby Whitmire
Wood Mr. Speaker

On the motion, the ayes were 140, nays 0.

The motion prevailed and the Senate amendments to HB 275 were agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 126. By Mrs. Merritt of the 46th, Messrs. Matthews and Patten of the 63rd, Grantham of the 55th, Hudson of the 48th, Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Food Act", so as to define the term "food sales establishment"; and for other purposes.

Mrs. Merritt of the 46th moved that the House insist on its position in dis agreeing to the Senate amendments and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

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

Mrs. Merritt of the 46th and Messrs. Black of the 45th and Collins of the 62nd.

FRIDAY, FEBRUARY 26, 1971

1525

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

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others:
A Bill to be entitled an Act to create a State Athletics Commission; and for other purposes.

Mr. Buck of the 84th moved that the House insist on its position in sub stituting the same.

The motion prevailed and the House insisted on its position in substituting SB 2.

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:

SB 111. By Senators Webb of the llth, Plunkett of the 30th and Dean of the 6th: A Bill to be entitled an Act to authorize and direct any electric member ship corporation under the laws of the State to redeem capital credits and pay the proceeds thereof to the surviving spouse, or certain other family members, of any person who dies intestate owning capital credits in such electric membership corporations; and for other purposes.
The following amendment was read and adopted:
Mr. Howell of the 60th moves to amend SB 111 by striking lines 14 and 15 of page 2 and by substituting in lieu thereof the following:
"Section 2. This Act shall become effective upon being signed by the Governor or upon becoming law without his signature.";
and by adding, after line 15 of page 2, a new Section 3 to read as follows:
"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, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

1526

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards
Egan
Ezzard
Felton

Fraser Gary Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Howard Howell Hudson, C. M. Floyd, L. R. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan King Knight Knowles Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Matthews, C. Mauldin Maxwell
McDaniell
McDonald
Melton

Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Tripp Turner Vaughn Ware Westlake Whitmire
Williams
Wood
Mr. Speaker

FRIDAY, FEBRUARY 26, 1971

1527

Those not voting were Messrs.:

Bell Black Collier Collins, S. Dailey Dean, J. E. Drury
Evans Farrar Floyd, J. H. Gaynor Grahl

Housley Johnson Keyton Kreeger Lambert Longino Mason
Matthews, D. R. McCracken Noble Phillips, G. S. Pickard

Rainey Russell, H. P. Russell, W. B. Smith, J. R. Snow Thomason Townsend
Triplett Wamble Wheeler, Bobby Wheeler, J. A. Wilson

On the passage of the Bill, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 172. By Senators McGill of the 24th, Kennedy of the 4th, Young of the 13th and others: A Bill to be entitled an Act to amend an Act providing for the regula tion of livestock sales at auctions, so as to provide for payment of live stock on the same date as purchased and payment shall be deposited by the sales establishment not later than the next banking day; and for other purposes.
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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black

Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr

Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell

1528
Cook Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted

JOURNAL OF THE HOUSE,

Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight
Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt

Nunn Odom Patterson Patten Pearce Peters Phillips, W. R. Pickard Pinkston
Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrrells Stephens Strickland Sweat Toles Townsend Triplett Tripp Turner Vaughn Ware Whitmire Williams Wilson
Wood

Those voting in the negative were Messrs.

Merritt

Oxford

Those not voting were Messrs.:

Brantley, H. H. Collins, S. Dailey Davis, W. Farrar Gaynor

Granade Hood Lewis Longino McCracken McDaniell

Phillips, G. S. Phillips, L. L. Russell, A. B. Russell, W. B. Levitas Smith, J. R.

Thomason Thompson Wamble

FRIDAY, FEBRUARY 26, 1971

1529

Westlake Wheeler, Bobby Wheeler, J. A.

Mr. Speaker

On the passage of the Bill, the ayes were 168, nays 2.

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

HB 257. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Title 113 of the Code, relating to wills, descent and administration of estates, so as to reduce the time within which an administrator may pay the debts of the estate; and for other purposes.

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.:

Aadms, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Bostick Bowen Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Carr Carter Chappell Cheeks

Clements Cole Colwell Coney, J. L. Conger Connell Cook Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham

Greer Griffin Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, J. R. Keyton Knight Knowles Kreeger Lane, Dick

1530
Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Le vitas Logan Lowrey Marcus Matthews, D. E. Mauldin Maxwell McDaniell Merritt Miles Miller Morgan Moyer Mulherin Mullinax

JOURNAL OF THE HOUSE,

Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, W. R. Pickard Pinkston Poole Potts Ross Rush Russell, A. B. Salem
Scarborough

Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Alexander, W. H. Blackshear Bond

Daugherty Hill, B. L. Lane, W. J.

Williams Shepherd

Those not voting were Messrs.:

Bennett, Tom Bohannon Brantley, H. H.
Brown, B. D. Busbee Chance Chandler Collier Collins, M. Collins, S. Coney, G. D. Dailey Davis, E. T. Davis, W. Dean, Gib Evans Farrar
Gary Gaynor Granade

Gunter Hamilton Hood Horton Jessup Jones, Herb Jordan King Lambert Lee, W. J. (Bill) Lewis Longino Mason Matthews, C. McCracken McDonald Melton Milford Moore Murphy

Nessmith Northcutt Phillips, G. S. Phillips, L. L. Rainey Reaves Roach Russell, H. P. Russell, W. B. Shanahan Sherman Snow Thomason Townsend Wamble Wheeler, Bobby Whitmire Wood Mr. Speaker

On the passage of the Bill, the ages were 128, nays 8.

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

Mr. Chance of the 44th stated that he had been called from the floor of the

FRIDAY, FEBRUARY 26, 1971

1531

House when the roll was called on HB 257, and wished to be recorded as voting

Mr. Busbee of the 61st stated that he had been called from the floor of the House when the roll was called on HB 257, and wished to be recorded as voting "aye".
SB 54. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to change the benefits under the options provided for retired persons and those whft retire in the future; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 22. By Senator Broun of the 46th: A Bill to be entitled an Act to amend an Act providing 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
BB 731. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to

1532

JOURNAL OF THE HOUSE,

clarify certain conditions under which suspension shall not occur; and for other purposes.

The report 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 732. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the time limitations within which certain actions must be taken and the period of time in which deposits of security are required; and for other purposes.
The report 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 6.

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

HB 352. By Mr. Harrington of the 34th:

TM

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 ob serving certain holidays; and for other purposes.

An amendment, offered by Mr. Brown of the 110th, 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:

FRIDAY, FEBRUARY 26, 1971

1533

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Clements Cole Collier Collins, S. Colwell Conger Connell Cook Daugherty Davis, E. T.
Davis, W.
Dean, Gib Dean, N.
Dent
Dorminy

Edwards Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Hudson Ted Hutchinson Isenberg Jessup Jones, J. R. Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey
Marcus
Matthews, C. Mauldin
Maxwell
McDaniell

Melton Milford Miller Morgan Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Reaves Ross Rush Russell, A. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Toles Triplett Turner Westlake
Wheeler, Bobby
Wheeler, J. A. Whitmire
Wilson
Wood

Those voting in the negative were Messrs.:

Blackshear Coney, G. D. Coney, J. L. Egan Ezzard

Hill, G. Hudson, C. M. King Mathews, D. R. McDonald

Savage Stephens Thompson Townsend Williams

1534

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Bennett, Tom Buck Cheeks Collins, M. Dailey Dean, J. E. Dixon Drury Evans Felton Gary Gaynor Granade Greer Gunter

Howell Johnson Jones, Herb Jordan Keyton Lambert Larsen, W. W. Leggett Lewis Longino Mason McCracken Merritt Miles Moore Moyer

Phillips, L. L. Pickard Rainey Roach Russell, H. P. Russell, W. B. Shepherd Smith, V. T. Strickland Sweat Thomason Tripp Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 15.

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

HB 711. By Messrs. Moyer and Nunn of the 41st, Brown, Bennett, Evans, Pinkston and Scarborough of the 81st, Miller of the 83rd, Grahl of the 40th and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act creating the Houston County Judicial Circuit, so as to change the effective date of said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, t 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Bell Bennett, J. T. Berry Black Blackshear

Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter

Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, J. L. Conger Connell

Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Geisinger Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted

FRIDAY, FEBRUARY 26, 1971

1535

Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Murhpy Nessmith Noble

Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Reaves Ross Rush Russell, A. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Sweat Toles Townsend Triplett Turner Vaughn Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.: Levitas

Those not voting were Messrs.:

Alexander, W. M. Battle Bennett, Tom Bohannon Bond Bray Collins, M. Coney, G. D. Cook Dailey

Davis, W. Dean, J. E. Drury Egan Floyd, J. H. Gaynor Gignilliat Gunter Lambert Lewis

Longino McCracken McDaniell McDonald Moore Mullinax Phillips, L. L. Pickard Rainey Roach

1536
Russell, H. P. Russell, W. B. Salem Snow Stephens

JOURNAL OF THE HOUSE,

Strickland Thomason Thompson Tripp Wamble

Ware Westlake Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 150, nays 1.

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

HB 591. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend Code Chapter 70-2, relating to grounds for new trials, so as to provide that neither the cross-examina tion of a witness on the same subject matter nor the introduction of evidence on the same subject matter shall constitute a waiver of any objection made to the admissibility of evidence on direct examination j and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that neither the cross-examination of a witness on the same subject matter nor the introduction of evidence on the same subject matter shall constitute a waiver of any objection made to the admissibility of evidence on direct examination; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. If, on direct examination of a witness, objection is made to the admissibility of evidence, neither cross-examination of the witness on the same subject matter nor the introduction of evidence on the same subject matter shall constitute a waiver of the objection made on direct examination.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 107, nays 0.

FRIDAY, FEBRUARY 26, 1971

1537

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

By unanimous consent, HB 591, by substitute, was ordered immediately transmitted to the Senate.

HB 735. By Messrs. Smith of the 39th, Adams of the 100th and Jessup of the 49th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traf fic on Highways", so as to exempt certain vehicles from being equipped with parking brakes; and for other purposes.

The following amendment was read:
Messrs. Town of the 115th and Jordan of the 74th move to amend HB 735 by placing a period after the word "article" on line 10, page 3 and striking the balance of the paragraph.

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

Those voting in the affirmative were Messrs.:

Blackshear Bohannon Burruss Carter Coney, J. L. Davis, W. Dean, N. Egan Ezzard

Geisinger Hamilton Housley Isenberg Jones, J. R. Jordan Kreeger Larsen, G. K. Lee, W. S.

Mauldin Melton Scarborough Thompson Townsend Westlake Wilson

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Black Bostick Bowen Brantley, H. L. Bray Brown, C.

Brown, S. P. Carr Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Connell

Davis, E. T. Dean, Gib Dean, J. E. Dent Dixon Dorminy Edwards Evans Floyd, L. R. Fraser Grahl Granade

1538
Grantham Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Hood Howard Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Keyton King Knight Knowles Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Leggett Logan

JOURNAL OF THE HOUSE,

Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax
Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S.

Phillips, W. R. Poole Potts Roach Rush Russell, H. P. Russell, W. B. Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Toles Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs. :

Alexander, W. H. Barfield Battle Bell Bennett, J. T. Bennett, Tom
Berry Bond Brantley, H. H. Brown, B. D. Buck Busbee Chandler Collier Conger Cook Dailey Daugherty Drury

Farrar Felton Floyd, J. H. Gary Gaynor Gignilliat Greer Griffin Hadaway Hill, B. L. Horton Howell Hudson, C. M. Lane, W. J. Levitas Lewis Longino McCracken McDaniell

McDonald Morgan Phillips, L. L. Pickard Pinkston Rainey Reaves Ross Russell, A. B. Salem Savage Shepherd Snow Strickland Thomason Vaughn Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 25, nays 114.

The amendment was lost.

FRIDAY, FEBRUARY 26, 1971

1539

The following amendment was read and adopted:

Mr. Murphy of the 19th moves to amend HB 735 by adding at the end of line 20 on page 3 of Section 126E of Section 3 the following words:
"with at least 6 months time remaining."

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, G. D. Adams, John Adams, Marvin Alexander, W. H, Alien Atherton Barfield Battle Bennett, J. T. Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D.
Connell
Daugherty
Davis, E. T.

Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Housley Howard
Howell
Hudson, C. M.
Hudson, Ted

Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Keyton Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Moyer Mulherin
Mullinax
Murphy
Nessmith

1540
Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Pinkston Poole Potts Reaves

JOURNAL OP THE HOUSE,

Roach Rush Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens

Sweat Toles Triplett Tripp Turner Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bell Colwell Coney, J. L. Egan

Hill, G. Jordan King

Levitas Thompson
Townsend

Those not voting were Messrs.:

Alexander, W. M. Bennett, Tom Berry Bond Buck Chandler
Collier
Conger
Cook
Dailey
Dean, J. E.
Drury
Gaynor

Griffin Hadaway Hamilton Horton Isenberg Lane, W. J.
Leggett
Lewis
Longino
McCracken
McDonald
Morgan
Phillips, L. L.

Phillips, W. R. Pickard Rainey Ross Russell, H. P. Savage
Shepherd
Snow
Strickland
Thomason
Wamble
Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, as amended, the ayes were 146, nays 10.

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

HB 475. By Messrs. Geisinger and Collins of the 72nd, Townsend of the 115th, Davis, Ployd, Westlake and Granade of the 75th and many others:
A Bill to be entitled an Act to provide that an individual who holds elective or appointive office may not qualify for another public office unless first tendering his resignation; and for other purposes.

FRIDAY, FEBRUARY 26, 1971

1541

The following Committee substitute was read:

A BILL

To be entitled an Act to provide that an individual who holds elective office may not qualify for another public office unless first tendering his resignation; to provide that said resignation shall be prospectively effected; to provide for the manner of tendering said resignation; to provide for procedures regarding municipalities or counties; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, it is generally agreed to be inequitable to permit an elected official holding office to use the prestige and power of that office in seeking election to a higher or different office; and

WHEREAS, it is generally agreed that by providing for prospec tive resignations, the people of the State of Georgia would not be com pelled to bear unnecessary expenses of special elections occasioned by elected officials who, while holding one office, seek to obtain another elective office:

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. No individual may qualify as a candidate for public office who holds another elective office, whether state, county or munici pal, the term of which or any part thereof runs concurrent to the term of office for which he seeks to qualify without resigning from such office prior to the first day of qualifying for the office he intends to seek. Said resignation shall be effective not later than the date upon which he would assume office, if elected to the office to which he seeks to qualify, or the expiration date of the term of the office which he presently holds, or the general election day at which his successor is elected, whichever occurs earlier. With regard to elective offices, said resignation shall cre ate a vacancy which shall be filled in the manner provided by law.
Section 2. Any incumbent public officer whose term of office or any part thereof runs concurrent to the term of office for which he seeks to qualify and who desires to resign his office pursuant to the provisions of this Act shall execute an instrument in writing directed to the Governor irrevocably resigning from the office he currently occu pies. The resignation shall be presented to the Governor with a copy to the Secretary of State. The resignation shall become effective and shall have the effect of creating a vacancy in office as provided herein.
Section 3. Nothing contained in this Act shall apply to persons holding any federal office or to persons holding any political party office.
Section 4. This Act shall become effective January 1, 1973.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

1542

JOURNAL OP THE HOUSE,

An amendment, offered by Mr. Adams of the 100th, was read and lost.

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend the Committee substitute to HB 475 by striking the words "or to persons holding any political party office." on lines 22 and 23, of page 2.

The following amendment was read:
V
Mr. Levitas of the 77th moves to amend the Committee substitute to HB 475 by striking Section 3 in its entirety and renumbering the remaining Sections accordingly.

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.

Atherton Burruss Carter Cheeks Collins, M. Colwell
Davis, E. T. Dixon Drury Edwards Farrar Ham Harrington Housley Howard

Howell Hudson, C. M. Keyton King Knight Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Levitas Matthews, C. Maxwell Miles Moore Mullinax

Northcutt Patterson Pearce Phillips, G. S. Potts Salem Smith, H. R. Smith, V. T. Strickland Sweat Thomason Thompson Wheeler, Bobby Wilson

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Alexander, W. M. Alien Battle Bell Black Blackshear Bohannon Brantley, H. H. Bray Brown, B. D. Brown, C.

Brown, S. P. Busbee Carr Chance Chandler Chappell Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Conger

Connell Cook Davis, W. Dean, Gib Dean, J. E. Dean, N. Dorminy Egan Evans Ezzard Felton Floyd, L. R. Fraser

Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Hamilton Harris Hawes Hays Hill, G. Hudson, Ted Isenberg Jessup Johnson Jones, Herb Jones, J. R. Lane, Dick

FRIDAY, FEBRUARY 26, 1971

1543

Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Lowrey Marcus Mason Matthews, D. R. Mauldin Melton Milford Miller Morgan Moyer Mulherin Noble Nunn Odom Oxford Peters Pinkston

Poole Reaves Rush Russell, A. B.
Russell, H. P. Savage Scarborough Shanahan
Sherman Sims Sorrells Stephens
Toles Townsend
Triplett Turner Westlake
Wheeler, J. A. Whitmire Williams

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Barfield Bennett, J. T. Bennett, Tom Berry Bond Bostick Bowen Brantley, H. L. Buck Dailey Daugherty Dent Floyd, J. H. Gaynor Gunter

Harrison Hill, B. L.
Hood Horton Hutchinson Jordan Lambert Lewis Logan Longino McCracken McDaniell McDonald Merritt Murphy Nessmith Patten

Phillips, L. L. Phillips, W. R. Pickard Rainey Roach Ross Russell, W. B. Shepherd Smith, J. R. Snow
Tripp Vaughn Wamble Ware Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 44, nays 101.

The amendment was lost.

The amendment, offered by Mr. Levitas of the 77th, was read and lost.

The following amendment was read:

1544

JOURNAL OF THE HOUSE,

Mr. Russell of the 14th moves to amend the Committee substitute to HB 475 by adding after the period on line 23 of page 3 the following:

"Provided further that nothing in this Act shall apply to persons holding office in municipalities of 500 in population or less, and/or when such person serves with compensation of $100.00 or less annually."

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.

Adams, G. D. Adams, John Atherton Black Bowen Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Carr Chandler Chappell Clements Collins, M. Colwell Coney, J. L. Connell Cook Davis, E. T. Dean, N. Dent Dixon Evans Ezzard Farrar Felton Fraser

Greer Hadaway Ham Hamilton Harrington Harris Hays Housley Howard Hudson, C. M. Isenberg Jessup Johnson King
Knowles Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Logan Lowrey Matthews, C. Mauldin Maxwell McDaniell
McDonald Merritt

Miles Milford Morgan Mulherin Nessmith Oxford Patterson Pearce Phillips, G. S. Pinkston Potts Reaves Rush Russell, A. B. Savage Scarborough Shanahan Smith, H. R. Sorrells Stephens Sweat Toles Triplett
Tripp Turner Wheeler, J. A, Williams

Those1 voting in the negative were Messrs.

Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bell Blackshear Bohannon Bond Brown, B. D. Brown, C.

Busbee Carter Cheeks Cole Collins, S.
Coney, G. D. Conger Daugherty Davis, W.
Dean, Gib Dorminy

Edwards Egan
Floyd, L. R. Gary Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter

Hawes Hill, G. Howell Hudson, Ted Jones, Herb Jones, J. R. Keyton Knight Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggetfc Levitas

FRIDAY, FEBRUARY 26, 1971

1545

Marcus Mason Melton Miller
Moore Moyer Mullinax Noble Northcutt Nunn Odom Peters Phillips, W. B. Poole

Russell, H. P. Russell, W. B. Salem Sherman Sims Smith, J. R. Smith, V. T. Striekland Thompson
Ware Westlake Wheeler, Bobby Whitmire Wilson

Those not voting were Messrs.:

Barfield Bennett, J. T. Bennett, Tom Berry Bostick Buck Burruss Chance Collier Dailey Dean, J. B. Drury Floyd, J. H.

Gaynor Harrison Hill, B. L. Hood Horton Hutchinson Jordan Lewis Longino Matthews, D. R. McCracken Murphy Patten

Phillips, L. L. Pickard Rainey Roach Ross Shepherd Snow Thomason Townsend Vaughn Wamble Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 81, nays 75.

The amendment was adopted.
The following amendment was read:
Messrs. Brown, Evans and Scarborough of the 81st, Coney of the 82nd and Coney of the 118th move to amend the Committee substitute to HB 475 by deleting lines 24 and 25 and adding the following:
"Section 4. This Act shall become effective upon the signature of the Governor or upon its becoming law without his signature."

On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:

1546

JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Battle Bell
Blackshear Bohannon Bostick Brantley, H. H. Brown, C. Brown, S. P. Busbee Carter Cheeks Clements Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dixon Eagn Evans Farrar Ployd, L. R. Fraser Gary Gignilliat Grahl

Granade Grantham Gunter Ham Hamilton Harrington Harris Hawes Hays Hill, G. Jones, Herb Jones, J. R. Jordan Knight Knowles Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Miles Milford Moore Morgan

Moyer Mullinax Nessmith
Noble Northcutt Nunn Odom Oxford Phillips, W. R. Pinkston Poole Potts Rush Russell, A. B.
Russell, W. B. Savage Scarborough Shanahan Sherman Smith, H. R. Smith, J. R. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Ware Westlake Wheeler, Bobby Williams

Those voting in the negative were Messrs.:

Alexander, W. H. Black Bond Bowen Brantley, H. L. Bray Brown, B. D. Carr Chance Chappell Cole Collins, M. Conger Daugherty

Dean, N. Dent Dorminy Edwards Ezzard Felton Geisinger Griffin Hadaway Housley Howard Howell Hudson, C. M. Hudson, Ted

Isenberg Johnson Keyton King Kreeger Lane, W. J. Larsen, W. W. McDaniell Miller Mulherin Patterson Pearce Peters Phillips, G. S.

FRIDAY, FEBRUARY 26, 1971

1547

Reaves Russell, H. P. Salem

Sims Smith, V. T. Turner

Whitmire Wilson

Those not voting were Messrs.:

Barfield Bennett, J. T. Bennett, Tom Berry Buck Burruss Chandler Dailey Dean, J. E. Drury Floyd, J. H. Gaynor

Greer Harrison Hill, B. L. Hood Horton Hutchinson Jessup Lewis Longino McCracken Murphy Patten

Phillips, L. L. Pickard Rainey Roach Ross Shepherd Snow Vaughn Wamble Wheeler, J. A. Wood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 109, nays 50.

The amendment was adopted.

An amendment, offered by Mr. Coney of the 118th, was read and withdrawn by unanimous consent.

The following amendment was read and adopted:
Mr. Lane of the 101st moves to amend the Committee substitute to HB 475 by adding on line 1, the words "a public" between the words "holds" and "elective".

Mr. Cheeks of the 78th moved that HB 475 and all amendments and substi tutes thereto be placed on the table.

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Black Bowen Brantley, H. L. Bray Brown, B. D. Cheeks Clements Colwell

Conger Daugherty Dean, N. Dent Griffin Gunter Hadaway Ham Hays

Housley Howard Howell Hudson, C. M. Hudson, Ted Johnson Keyton Kreeger Lane, W. J.

1548
McDaniell Miles Mulherin Nessmith Patterson Pearce

JOURNAL OF THE HOUSE,

Peters Phillips, G. S. Poole Reaves Russell, H. P. Salem

Smith, H. R. Smith, V. T. Turner Wilson

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Battle Bell Blackshear Bohannon Bond Bostick Brantley, H. H. Brown, C. Brown, S. P. Busbee Carr Carter Chance Chappell Cole Collins, S. Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dixon Edwards Egan Evans Farrar Felton Floyd, L. R. Fraser Gary

Geisinger Gignilliat Grahl Granade Grantham Hamilton Harrington Harris Hawes Hill, G. Hood Isenberg Jessup Jones, Herb Jones, J. R. Jordan King Knight Knowles Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Lowrey Marcus Mason Mathews, C. Mauldin Maxwell McDonald Melton Merritt Milford

Miller Moore Morgan Moyer Mullinax Noble Nunn Odom Oxford Patten Phillips, W. R. Potts Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams

Those not voting were Messrs.:

Atherton Barfield Bennett, J. T. Bennett, Tom Berry

Buck Burruss Chandler Collier Collins, M.

Dailey Dorminy Drury Ezzard Floyd, J. H.

Gaynor Greer Harrison Hill, B. L. Horton
Hutchinson Lewis Longino

FRIDAY, FEBRUARY 26, 1971

1549

Matthews, D. R. McCracken Murphy Northcutt Phillips, L. L. Pickard Pinkston Rainey

Roach Ross Snow Vaughn Wamble Wood Mr. Speaker

On the motion to table, the ayes were 43, nays 114.

The motion was lost.

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, G. D. Adams, John
Adams, Marvin Alexander Alien
Atherton Battle Bell
Berry Blackshear Bohannon
Bond Brantley, H. H. Bray Brown, C. Brown, S. P.
Busbee Carr
Carter Chance
Chappell Collier
Collins, S. Coney, G. D.
Coney, J. L. Connell
Cook Davis, E. T.
Davis, W. Dean, Gib
Dean, J. E. Dent

Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Hadaway Hamilton
Harrington Harris Hawes Hays Hill, G. Hood Isenberg Jones, Herb Jones, J. R. Jordan King Knight Knowles Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill)

Lee, W. S. Leggett Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McDonald Milford Morgan Moyer
Mullinax Noble Northcutt Nunn Odom Oxford Patten Phillips, W. R. Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R.

1550

JOURNAL OF THE HOUSE,

Sorrells Stephens Strickland Sweat Thomason Thompson

Toles Townsend Triplett Tripp Vaughn Westlake

Wheeler, Bobby Wheeler, J. A. Whitmire Williams

Those voting in the negative were Messrs.

Alexander, W. H. Black Bostick Bowen Brantley, H. L. Brown, B. D. Cheeks Cole Collins, M. Colwell Conger Daugherty Dean Dixon Dorminy Edwards Floyd, J. H.

Griffin Gunter Ham Housley Howard Howell Hudson, C. M. Hudson, Ted Jessup Johnson Keyton Kreeger Lane, W. J. Larsen, W. W. Mauldin McDaniell Melton

Miles Miller Moore Mulherin Nessmith Patterson Peters Phillips, G. S. Pinkston Poole Reaves Russell, H. P. Smith, H. R. Smith, V. T. Turner Ware Wilson

Those not voting were Messrs. :

Barfield Bennett, J. T. Bennett, Tom Buck Burruss Chandler Clements Dailey Drury Gaynor Greer

Harrison Hill, B. L. Horton Hutchinson Lewis Longino McCracken Merritt Murphy Pearce Phillips, L. L.

Pickard Potts Rainey Roach Ross Salem Snow Wamble Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 112, nays 51.

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

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

FRIDAY, FEBRUARY 26, 1971

1551

HB 92. By Mr. Smith of the 43rd and others:
A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropria tions heretofore or hereafter made for the operation of the agencies of the State provided for herein, and for other purposes.

HB 119. By Messrs. Buck of the 84th, Bostick of the 63rd, Bowen of the 47th and others:
A Bill to establish a State Commission on Compensation to assist the General Assembly in setting the compensation of constitutional State officers and full time heads of State agencies, authorities, boards, bureaus, commissions, committees and departments whose compensation is set by Act of the General Assembly; and for other purposes.

The Senate adheres to its disagreement to the House Substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill:

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others:
A Bill to create a State Athletics Commission; to provide the jurisdic tion, duties, and authority of said Commission; to provide for member ship and meetings; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Gillis of the 20th, Zipperer of the 3rd, and Hill of 29th:

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to wit:
HB 126. By Mrs. Merritt of the 46th and others: A Bill to amend an Act known as the "Georgia Food Act", so as to define the term "food sales establishment"; and for other purposes.
The President has appointed on the part of the Senate the following Senators: McGill of the 24th, Carter of the 14th and Kidd of the 25th:
Mr. Adams of the 100th arose to a point of personal privilege and addressed the House.
Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, Monday morning, March 1, 1971, and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning.

1552

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 1, 1971

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. A. L. Dopson, Pastor, West Mitchell Street Christian Methodist Episcopal Church, Atlanta, Georgia.

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

Adams, G. D. Adams, John Adams, Marvin
Alexander, W. H. Alexander, W. M. Alien
Atherton
Battle Bell Bennett, Tom
Berry Black Blackshear Bohannon
Bond Bostick
Bowen Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger Connell
Cook

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury
Edwards Evans Ezzard Farrar
Felton Floyd, J. H. Fraser
Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter
Hadaway Ham Hamilton Harrintgon Harris Harrison Hawes
Hays Hill, B. L.
Hill, G. Horton Housley Howard Howell

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R.
Jordan Keyton King Knight Knowles
Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis Logan
Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McDaniell McDonald
Melton Merritt Miles Milford Miller Moore Morgan Moyer

Mulherin Mullinax Murphy Nessmith Noble Northcutt
Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts

MONDAY, MARCH 1, 1971

1553

Rainey Reaves Roach Ross Rush Russell, A. B.
Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens

Strickland Sweat Thomason Thompson Toles Triplett
Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling1, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, March 1, 1971, and submits the following:

HB

13. School Retirement System, Credit for Services.

HB

19. Criminal Trials, Accused Testify.

1554

JOURNAL OF THE HOUSE,

HB

20. Criminal Cases, State's Right to Appeal.

HB

42. Teacher Retirement, Credit for Service.

HB 111. G.B.I. Division of the Department of Law.

HB 112. Motor Fuel Tax, Excise Tax (Reconsidered).

HB 196. Employees Retirement System, Interest.

HB 265. Air Transportation Director, Qualifications.

HB 267. Capital Felonies, Plead Guilty.

HB 273. Factory Built Housing, Health and Safety Standards.

HB 274. State Building Administration Board, Membership.

HB 276. Engineers and Surveyors, Define.

HB 277. Accused Furnished List of Witnesses.

HB 279. State Employee, May be a Municipal Official.

HB 377. Uniform Commercial Code, Implied Warranty.

HB 405. Education, School Bus bodies.

HB 409. Elections, Candidate Unopposed.

HB 424. Misdemeanor, Reduce Number of Jurors P. P.

HR 144-425. Misdemeanor Cases, Jury.

HB 430. Urban Redevelopment Law, Eminent Domain.

HB 440. Assistant District Attorneys, Judicial Circuit.

HR 158-462. Convey Property, Baldwin County.

HB 516. Judges Emeritus, Expense and Mileage.

HB 517. Chiropractors, License Fees.

HB 518. Chiropractors, Examination Subjects.

HB 540. Operation of Print Shop, State.

HB 551. Criminal Trials, Mentally 111.

HR 182-578. Legislative Budget Analysis.

HB 582. Medical Services, Blood, Tissues.

HB 598. Life Insurance Program, State Employees.

HR 192-658. Convey Property, Baldwin County.

HR 196-665. Sale of Liquor--Election Days.

HB 734. Employment Security Law, Benefits.

HB 736. Higher Education, Loans.

HB 737. Higher Education, Collecting Funds.

HB 738. Scholarship Commission, Repay.

MONDAY, MARCH 1, 1971

HB 741. Department of Labor, Appropriation.

HB 891. Agricultural Commodity, Surplus Pools.

SB

141. Grants, Students, Certain Schools.

1555

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
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 849. By Mr. Lee of the 61st: A Bill to be entitled an Act to create the Policy and Evaluation Com mittee for Electronic Data Processing; to provide for the membership of said Committee; and for other purposes.
Referred to the Committee on Judiciary.

HB 850. 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 provide that the term contractor shall be limited to persons contracting with respect to real property improvements; and for other purposes.
Referred to the Committee on Ways and Means.
HR 272-850. By Messrs. Geisinger and Collins of the 72nd, Lane of the 101st, Savage of the 104th, Adams of the 100th, Floyd, Westlake and Davis of the 75th: A Resolution calling a Constitutional Convention and providing for the procedure and other matters relative thereto; and for other purposes.
Referred to the Committee on State of Republic.

HB 851. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1556

JOURNAL OF THE HOUSE,

HB 852. By Mr. Salem of the 51st:
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 tax levied by said Act certain materials used directly in any agricultural farming, ranching, dairy, breeding or animal husbandry; and for other purposes.
Referred to the Committee on Ways and Means.

HB 853. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide additional compensation for cer tain employees of certain counties whose compenseation is fixed by the General Assembly; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 854. By Mr. Connell of the 79th:
A Bill be to entitled an Act to authorize the coroners of certain counties to appoint assistants; to provide for the powers, duties and responsi bilities of such assistants; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 855. By Mr. Connell of the 79th:
A Bill to be entitled an Act to fix the compensation of certain officials in certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 856. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide that in certain counties, the dis trict attorney of the Judicial Circuit of such counties shall receive a sup plement to the salary paid by the State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 857. By Messrs. Strickland of the 56th, Wheeler of the 57th, Matthews of the 63rd, Grantham of the 55th, Rush and Salem of the 51st, Farrar of the 77th, Matthews of the 16th, Collins of the 62nd, Wilson of the 117th and others:
A Bill to be entitled an Act to amend Code Chapter 56-32, relating to property insurance, so as to provide for the payment of 100% of the policy amount or the total fair market value of plants destroyed by hail

MONDAY, MARCH 1, 1971

1557

or other cause under a policy of property or casualty insurance on to bacco; and for other purposes.
Referred to the Committee on Insurance.

HB 858. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that the agents selling hunting, fishing and trapping licenses shall not receive for themselves more than 50(f for each license issued; and for other purposes.
Referred to the Committee on Game and Fish.
HB 859. By Messrs. Triplett of the 93rd, Alien of the 92nd, Blackshear of the 91st, Hill of the 94th, Gignilliat of the 89th, Battle of the 90th and Jones of the 87th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of said Townj and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 860. By Messrs. Melton and Brown of the 32nd:
A Bill to be entitled an Act to amend an Act to reincorporate the City of Fayetteville in the County of Fayette, creating a new charter for said city, so as to provide for an alternative method for receiving and col lecting ad valorem taxes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 861. By Messrs. Larsen of the 42nd and Pinkston of the 81st:
A Bill to be entitled an Act to amend Code Section 26-1705.9, relating to punishment and penalties for illegal use of credit cards, so as to change the punishment provisions of subsection (a) ; and for other pur poses.
Referred to the Committee on Banks and Banking.
HB 862. By Messrs. Griffin and Conger 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 compen sation, so as to change the compensation of the chief deputy and other deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1558

JOURNAL OF THE HOUSE,

HB 863. By Messrs. Thomason and Russell of the 77th:
A Bill to be entitled an Act to amend an Act fixing, prescribing and es tablishing compensation of the elective county officials of DeKalb Coun ty, including the ordinary, the clerk of the superior court, the sheriff and the tax commissioner, so as to provide for changes relative to the compu tation of certain services; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 864. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Taylor County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 865. By Messrs. Wilson, McDaniell, Howard, Kreeger, Atherton, Housley 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 compensation for the investigator; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 866. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards within; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 867. By Messrs. Lee, Odom and Busbee of the 61st:
A Bill to be entitled an Act to amend the Act creating and establishing a new Charter for the City of Albany, so as to change the date for holding city general elections and to fix the date for holding city pri mary elections; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 868. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to authorize the Recorder of the City of Albany to appoint counsel to represent indigent defendants

MONDAY, MARCH 1, 1971

1559

on trial before the Recorder in all cases where the law requires the appointment of such counsel; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 869. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to give the governing authority of Dougherty County the authority to district Dougherty County, so as to provide water and sanitary sewerage services in such districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to provide for a joint Board of Registrars for Dougherty County and the City of Albany; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 273-870. By Messrs. Smith of the 43rd and Chandler of the 34th:
A Resolution to authorize conveyance to the City of Chattanooga, of a tract of land together with the right and privilege, subject to that lease from the State of Georgia to Louisville and Nashville Railroad establish ing a public road crossing over the right-of-way of the Western and Atlantic Railroad at and adjacent to said tract of land; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 274-870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Resolution proposing an amendment to the Constitution so as to au thorize Dougherty County to levy an annual tax upon each motor ve hicle licensed to operate in said County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 275-870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1560

JOURNAL OF THE HOUSE,

HB 871. By Mr. Carter of the 64th:
A Bill to be entitled an Act to provide the compensation of the Lanier County Attorney; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 872. By Mr. Carter of the 64th: A Bill to be entitled an Act to amend an Act placing the sheriff of Lanier County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 873. By Mr. Oxford of the 46th: A Bill to be entitled an Act to amend Code Section 24-1601, relating to fees for justices of the peace, so as to change the fees of the justice of the peace for issuing criminal warrants under the Uniform Act Regu lating Traffic on Highways; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 874. By Mr. Bray of the 31st: A Bill to be entitled an Act to amend Chapter 92-33 of the Code of Georgia, relating to the payment and to the assessment and collection of income taxes, so as to provide penalties for the failure to pay and the underpayment of income taxes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 875. By Mr. Bray of the 31st: A Bill to be entitled an Act to amend Chapter 92-32 of the Code of Geor gia, relating to the preparation and filing of income tax returns and to the furnishing of information so as to provide a different penalty for the failure to file a timely return; and for other purposes.
Referred to the Committee on Ways and Means.
HB 876. By Mr. Bray of the 31st: A Bill to be entitled an Act to amend Chapter 92-33 of the Code of Georgia, relating to the payment and to the assessment and collection of income taxes, so as to provide a new and different manner of applying interest; and for other purposes.
Referred to the Committee on Ways and Means.

MONDAY, MARCH 1, 1971

1561

HB 877. By Mr. Connell of the 79th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the district atttorney of the Augusta Judicial Cir cuit, so as to change the compensation of the chief assistant district at torney; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local legislation.

HB 878. By Mr. Connell of the 79th:
A Bill to be entitled an Act to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Augusta Judicial Circuit from the funds of Richmond County, so as to increase the supplement; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 879. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to amend an Act fixing, prescribing and es tablishing salaries of the elective county officials of DeKalb County, so as to provide additional compensation for the sheriff and the tax com missioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 880. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and pro viding in lieu thereof a salary for the compensation of such officer, so as to change the compensation of the Coroner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 881. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the salary of the Tax Commissioner of Spalding County, which salary shall be paid in addition to the additional annual compensation of $150 for each four-year term or part thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 882. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers, so as

1562

JOURNAL OF THE HOUSE,

to fix the salary of the Clerk of the Superior Court, and the salary of other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 883. By Messrs. Brown and Melton of the 32nd: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Spalding County, so as to change the salary of the Chairman of the Board of Commissioners and the salary of each of the other commissioners, which salaries shall be in addition to the expense al lowance provided for; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 822. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to provide that hearings on re view and decisions thereon shall be within a prescribed time; to prescribe limitations for stays of enforcement; to retain jurisdiction of the sub ject matter in court; and for other purposes.

HB 823. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to create a new charter for the City of Mor row in Clayton County; and for other purposes.

HB 824. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act relating to the sale of motor vehicle license plates in the various counties, so as to provide that the tax commissioner of each county shall be entitled to the 50$ fee pro vided for in subsection (b) of Section 3, and he shall not be required to turn over to the fiscal authority 25 <f for each tag; and for other pur poses.

HB 825. By Messrs. Adams, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Floyd County, so as to provide for the recall of the members of the Board of Commissioners of Floyd County; and for other purposes.

MONDAY, MARCH 1, 1971

1563

HR 263-825. By Mr. Toles of the 9th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the recall of members of the General Assembly; and for other purposes.

HR 264-825. By Messrs. Toles, Adams and Lowrey of the 9th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the recall of county officers of Ployd County, including mem bers of the county board of education; and for other purposes.

HR 265-825. By Mr. Rainey of the 47th:
A Resolution authorizing the conveyance of a certain tract or parcel of land located in Montgomery County to the Carres Land Development Company; and for other purposes.

HR 266-825. By Messrs. Poole, Harris and Roach of the 10th:
A Resolution proposing a constitutional amendment so as to provide that residents of the City of Jasper who are 62 years old or older or who are totally disabled, and have an income of not more than $4,000 per annum shall be granted a homestead exemption of $2,000 for ad valorem taxation by said city; and for other purposes.

HB 826. By Messrs. Hawes of the 95th and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, so as to provide for the exclusion from the consideration or value of the interest or property conveyed the amount of any lien or incumbrance existing prior to the sale and not removed thereby; and for other pur poses.
HB 827. By Messrs. Connell and Dent of the 79th:
A Bill to be entitled an Act to authorize any county or municipality to adopt ordinances relative to the removal and disposal of certain dis carded, dismantled, wrecked, scrapped, ruined or junked motor vehicles; and for other purposes.
HB 828. By Messrs. Kreeger, McDaniell, Housley, Howard, Burruss, Atherton and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the judge of the Cobb County Juvenile Court, so as to change the compensation of the judge of the Cobb County Juvenile Court; and for other purposes.

1564

JOURNAL OF THE HOUSE,

HB 829. By Messrs. Atherton, Wilson, Burruss, Howard, McDaniell, Housley and Kreeger 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 830. By Messrs. Kreeger, McDaniell, Howard, Housley, Atherton and Bur russ of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authortiy, so as to increase the limitation on the amount of bonds the Authority may have outstanding at any one time; and for other purposes.

HB 831. By Messrs. Kreeger, Burruss, Atherton, Housley, McDaniell and Howard 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 have the Clerk of the City of Smyrna Civil Service Board appointed by the Mayor and Council; and for other pur poses.

HB 832. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Powder Springs in the County of Cobb, so as to provide for annexation of territory to the City of Powder Springs; and for other purposes.

HB 833. By Mr. Bennett of the 71st:
A Bill to be entitled an Act to amend an Act relating to excise taxes on cigarettes and cigars, so as to provide that the State Revenue Commis sioner shall have the authority to exempt from the excise tax imposed on the sale of cigarettes and cigars sold on military reservations or to the National Guard or to any reserve unit; and for other purposes.

HB 834. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend Section 81-1005 of the Code of Georgia of 1933, relating to preference in the trial of civil cases when the State is plaintiff; and for other purposes.

HB 835. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan, so as to change the compensation of the Mayor and members of the Board of Aldermen; and for other purposes.

MONDAY, MARCH 1, 1971

1565

HB 836. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit, so as to create the office of assistant district attorney; and for other purposes.

HB 837. By Mr. Longino of the 98th:
A Bill to be entitled an Act to amend Code Section 13-207, relating to bank holding companies, so as to provide that it shall be unlawful for any bank holding company organized under the laws of another state or county to engage in any banking, bank-related or non-banking activi ties within the State of Georgia; and for other purposes.

HE 269-837. By Messrs. Peters of the 2nd, Rainey of the 47th, Hudson of the 48th, Hays, Clements and Snow of the 1st, Poole of the 10th, Chappell of the 42nd, Colwell of the 5th, Lane of the 101st, and others:
A Resolution proposing an amendment to the Constitution so as to pro vide an exemption of $4,000 from all State and County ad valorem taxes on the homestead of each person, who is disabled and is receiving dis ability insurance benefits pursuant to any Act of Congress; and for other purposes.

HB 838. By Messrs. Nunn of the 41st, Thomason of the 77th, Mulherin of the 78th, Knight of the 30th, Atherton of the 117th, Horton of the 95th, and others:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commis sions, so as to authorize planned unit developments which may consist of planned-unit residential developments, planned-unit shopping center developments or planned-unit industrial developments; and for other purposes.

HB 839. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend Code Chapter 92-69, relating to county boards of tax assessors and the powers and duties of said boards, so as to provide that notices of changes made in tax returns shall clearly state the date on which changes shall become final unless notice of arbitration is given; and for other purposes.

HB 840. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Code Section 89-101, relating to persons ineligible to hold public office in this State, so as to exempt from ineligibility for office, persons who are members of the Reserve Components of the Armed Forces of the U. S. and persons serving upon Federal fact-finding and policy making panels; and for other purposes.

1566

JOURNAL OF THE HOUSE,

HB 841. By Messrs. Salem of the 51st, Morgan of the 23rd, Hawes of the 95th, Lewis of the 37th, Brown of the 32nd, Rush of the 51st, Cook of the 95th, Townsend of the 115th and Egan of the 116th:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary and allowance of members and officials of the General As sembly, so as to change the expense allowance received by members of the General Assembly during regular and extraordinary sessions; and for other purposes.

HB 842. By Messrs. Howard, Housley, Kreeger, Burruss and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to extend the jurisdiction of said Court in certain cases involving injuries to the person; and for other purposes.

HR 270-842. By Mr. Levitas of the 77th:
A Resolution proposing an amendment to the Constitution to strike and supersede Article III, Section IV, Paragraph VI, so as to permit members of the Reserve Components of the Armed Forces to serve as members of the General Assembly; and for other purposes.

HB 843. By Messrs. Harrington and Chandler of the 34th:
A Bill to be entitled an Act to authorize and direct the Board of Regents to make direct payments to certain public educational institutions, in cluding any public corporation created by the General Assembly; and for other purposes.

HB 844. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to create the Athens-dark County Charter Commission; and for other purposes.

HB 845. By Messrs. Snow of the 1st, Nunn of the 41st, Bennett of the 81st, Dean of the 13th, Levitas of the 77th, Morgan of the 23rd, Thomason and Russell of the 77th:
A Bill to be entitled an Act to provide for the establishment of the Of fice of State Defender; to repeal an Act known as "The Georgia Crimi nal Justice Act"; and for other purposes.

HB 846. By Messrs. Brown of the 110th, Bond of the lllth, Alexander of the 96th, Marcus of the 105th, Alexander of the 108th, Hood of the 99th, Savage of the 104th, and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the election of candidates from Representative Post 1 and Post 2; and for other purposes.

MONDAY, MARCH 1, 1971

1567

HB 847. By Messrs. Howard of the 117th, Leggett of the 67th, Bohannon of the 20th, Roach of the 10th, Smith of the 3rd, Felton of the 95th, Burruss of the 117th, Williams of the llth, Cheeks of the 78th and many others:
A Bill to be entitled an Act to establish standards to determine what materials are harmful to minors; to prohibit the sale, lending, giving, furnishing, or exhibiting of such materials to minors; and for other purposes.

HB 848. By Messrs. Howard of the 117th, Leggett of the 67th, Bohannon of the 20th, Roach of the 10th, Smith of the 3rd, Felton of the 95th, Burruss of the 117th, Williams of the llth, Cheeks of the 78th and many others:
A Bill to be entitled an Act to establish standards to determine what materials are harmful; to prohibit the sale, lending, giving, furnishing, or exhibiting of certain materials; and for other purposes.

SB 66. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to provide for a civil action to recover penalties for the violation of any of the provisions of this Chapter; and for other purposes.

SB 67. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 88-9, "Air Quality Control'', so as to provide that any person planning to construct or op erate facilities which may result in air pollution be required to obtain a permit; and for other purposes.

SB 69. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to authorize the Board to institute proceedings of mandamus to enforce the provisions of this Act; and for other purposes.

SB 72. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide for civil action to recover penalties for the violations of provisions of this Act; and for other pur poses.

1568

JOURNAL OF THE HOUSE,

SB 153. By Senator Walling of the 42nd:
A Bill to be entitled an Act to create the Citizens Environmental Coun cil; to provide for its duties, membership, appointment and powers; and for other purposes.

SB 238. By Senator Parker of the 31st:
A Bill to be entitled an Act to repeal Code Section 114-403, relating to the right of subrogation by employers and others, as amended; and for other purposes.

SB 189. By Senator Smith of the 18th:
A Bill to be entitled an Act to amend an Act providing an alternative method for extending the boundaries of certain municipalities, so as to make said Act applicable to all incorporated municipalities; and for other purposes.

SB 222. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Colquitt, so as to provide that the Mayor may succeed him self; and for other purposes.

SB 226. By Senator Kennedy of the 4th: A Bill to be entitled an Act to create the Evans County Industrial Development Authority; and for other purposes.
SB 232. By Senator London of the 50th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Pickens County, so as to provide an annual salary for the Tax Commissioner in lieu of fees, commissions and other emoluments with certain exceptions; and for other purposes.

SB 234. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act establishing the Tift County Airport Authority, so as to correct and clarify the provisions of said Act providing for the membership of said Authority; and for other purposes.

SB 236. By Senators Smith of the 34th, Coggin of the 35th, Patton of the 40th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the corporate limits; and for other purposes.

MONDAY, MARCH 1, 1971

1569

Mr. Gaynor of the 88th, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the fol lowing Bills of the Senate and has instructed me to report same back to the House with the following recommedations:
SB 96. Do Pass
SB 179. Do Pass
SB 176. Do Pass Respectfully submitted,
Gaynor of the 88th, Chairman

Mr. Snow of the 1st, 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 142. Do pass Respectfully submitted, Snow of the 1st, Chairman

Mr. Levitas of the 77th, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs 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 recommenda tions :

SB

79. Do Pass, by Substitute

SB

191. Do Pass

SB

192. Do Pass

HR 172-521. Do Pass

HB

201. Do Pass

1570
HB HB HB HB HB HB HB HB HB HB HB HB HB

JOURNAL OF THE HOUSE,
561. Do Pass 662. Do Pass, as Amended 709. Do Pass 800. Do Pass, by Substitute 801. Do Pass 802. Do Pass 803. Do Pass 805. Do Pass 812. Do Pass 813. Do Pass, as Amended 815. Do Pass 817. Do Pass 820. Do Pass
Respectfully submitted, Levitas of the 77th, Chairman

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

HB 101. By Messrs. Farrar of the 77th, and Buck of the 84th: A Bill to amend an Act establishing a Teachers' Retirement System, so as to change the name of the "Georgia Education Association" to the "Georgia Association of Educators"; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 9. By Messrs. Chandler of the 34th, Colwell of the 5th, Toles of the 9th, Sweat of the 65th, Kreeger of the 117th:
A Bill to amend Code Title 91, relative to public property, so as to pro vide for a central inventory of State owned movable personal property; to provide for the duties of the Supervisor of Purchases in connection therewith; and for other purposes.

MONDAY, MARCH 1, 1971

1571

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

HR 205. Messrs. Davis of the 86th and others: A Resolution relative to the Apalachicola, Chattahoochee and Flint Rivers; and for other purposes.
HR 209. By Messrs. Adams of the 100th, Rainey and Bowen of the 47th, and others: A Resolution memorializing Congress and the Corps of Engineers to provide recreation a high priority among management needs of reser voirs; and for other purposes.
HR 213. By Messrs. Sherman of the 80th and Felton of the 95th: A Resolution urging the United States Department of Transportation to consider an alternate route in connection with its Railpax proposal; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 466. By Messrs. Floyd of the 7th, Busbee of the 61st, Harris of the 10th, Williams of the llth and Murphy of the 19th: A Bill to amend an Act creating the Legislative Services Committee, so as to provide duties for the Legislative Budget Analyst; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 3. By Senator Carter of the 14th: A Bill to amend an Act known as the "Georgia Surface Mining Act of 1968", so as to redefine certain terms; to define "government securities"; to authorize the Board to decline to assert jurisdiction under this Act under certain conditions; to clarify the provisions relating to annual license fees; to repeal conflicting laws; and for other purposes.

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

1572

JOURNAL OF THE HOUSE,

SB 158. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to amend Code Chapter 88-5, relating to hospitalization of the mentally ill, so as to provide a limitation on the liability and length of service of guardians ad litem to repeal conflicting laws; and for other purposes.

SB 204. By Senators Zipperer of the 3rd, Riley of the 1st, Overby of the 49th and others:
A Bill to authorize the governing authority of any municipality or coun ty to provide by ordinance for the removal and disposition of abandoned or junk automobiles which have been abandoned on public property or private residential property; to repeal conflicting laws; and for other purposes.
SB 246. By Senator Coggin of the 35th:
A Bill to amend an Act prohibiting any person, firm or corporation from operating or conducting any motor vehicle race or exhibition unless a license shall be first obtained, so as to provide that no license shall be issued until the race track has complied with rules and regulations of the Safety Fire Commissioner; 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 71. By Senator Brown of the 47th:
A Resolution authorizing the conveyance of certain real property located in Hart County, Georgia: and for other purposes.

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

HB 201. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said City; and for other purposes:", as amended, so as to change the amount which the City of Albany may levy and assess against the salaries of employees to fund the cost of pen sions; and for other purposes.

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

MONDAY, MARCH 1, 1971

1573

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 561. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the Clerk of the Superior Court; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 709. By Messrs. Davis and Westlake of the 75th, Bell and Noble of the 73rd and others:
A Bill to be entitled an Act to amend Section 91-8 of the Code pertain ing to sale of public property so as to provide for the sale of county property under certain conditions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 801. By Messrs. Phillips and Johnson of the 29th: A Bill to be entitled an Act to amend an Act authorizing the governing authorities of certain counties to create electrical examining boards, so as to change certain population figures; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1574

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 802. By Carr of the 35th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Washington County, as amended, so as to change the compensation of the full-time deputy 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 803. By Messrs. Black and Edwards of the 45th: A Bill to be entitled an Act to provide that in certain counties of this State the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of traffic laws within 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 805. By Mrs. Merritt and Mr. Oxford of the 46th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ellaville, as amended, so as to change the office of the city clerk recorder from an elected office to an appointed 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 115, nays 0.

MONDAY, MARCH 1, 1971

1575

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

HB 812. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to create a board of commissioners of Telfair 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 115, nays 0.

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

HB 815. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Rockdale County, as amended, so as to change the salary of the tax commissioner and his clerks; and for other purposes.

The report 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 817. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Dalton, as amended, so as to incorporate land lots Nos. 159, 185, 186, 259 and 260 in certain districts 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.

1576

JOURNAL OF THE HOUSE,

HB 820. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend Code Section 24-1801, relating to clerks of county ordinaries, so as to authorize the ordinaries in counties of a certain population to hire a 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 79. By Senator Henderson of the 33rd: A Bill to be entitled an Act to provide that the clerk of the civil-criminal court of certain counties shall be entitled to membership in any retire ment system created by the governing authority of said counties; and 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 Court of Cobb County (formerly known as the Civil and Criminal Court of Cobb County), approved March 26,1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3588), so as to provide that the clerk of said court shall be entitled to membership in any retirement system created by Cobb County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act creating the State Court of Cobb County (form erly known as the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3588), is hereby amended by adding following Section 23, a new section, to be numbered 23A, to read as follows:
"Section 23A. The clerk of said court shall be entitled to membership in any retirement system created by the governing au thority of Cobb County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, MARCH 1, 1971

1577

The report 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 191. By Senator Scott of the 17th: 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 the present corporate limits of said City and to describe the new territory becoming part of the the City of Thomaston; and for other purposes.
The report 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 192. By Senator Scott of the 17th: A Bill to be entitled an Act to amend an Act placing the sheriff of Upson County on an annual salary, as amended, so as to increase the compensation of the sheriff and the chief 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 172-521. By Messrs. Davis, Floyd, Westlake and Granade of the 74th, Collins and Geisinger of the 72nd, Jordan of the 74th and many others: A Resolution creating the DeKalb County Education Study Commission; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

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JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 115, nays 0.

The Resolution, having received the requisite constitutional majority, was passed.
HB 813. By Messrs. Wilson, Atherton, McDaniell, Housley, Kreeger and Burruss of the 117th: A Bill to be entitled an Act to create the Downtown Marietta Develop ment Authority; to provide for the appointment of the members of the the Authority and their terms of office; and for other purposes.
The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 813 as follows:
By inserting between lines 2 and 3 on page 3, the following:
All that tract or parcel of land lying and being in the City of Marietta, Georgia, and being more particularly described as follows:
Beginning at the intersection of the centerline of Church Street and the centerline of Lemon Street; thence running in an easterly direction, along the centerline of Lemon Street, to the centerline of Cole Street; thence running in a southerly direction, along the cen terline of Cole Street, to the centerline of Roswell Street; thence running in an easterly direction along the centerline of Roswell Street, to the centerline of Coryell Street; thence running in a south erly direction, along the centerline of Coryell Street, for a distance of 334 feet, more or less; thence running in a westerly direction, for a distance of 740 feet, more or less, to the centerline of Alexander Street; thence running in a northerly direction, along the centerline of Alexander Street, for a distance of 5 feet, more or less; thence running in a westerly direction, for a distance of 225 feet, more or less; thence running in a southerly direction of 1,003 feet, more or less; thence running in a westerly direction, for a distance of 324 feet, more or less; thence running in a southerly direction, for a distance of 90 feet, more or less; thence running in a westerly di rection, for a distance of 114 feet, more or less; thence running in a southerly direction, for a distance of 135 feet, more or less; to the centerline of Frasier Street; thence running in a westerly direction, along the centerline of Frasier Street, to the centerline of Atlanta Street; thence running in a northerly direction, along the centerline of Atlanta Street, to the centerline of Goss Street; thence running in a westerly direction, along the centerline of Goss Street, to the centerline of Powder Springs Street; thence running in a northerly direction, along the centerline of Powder Springs Street, to the centerline of Trammell Street; thence running in a westerly di rection, along the centerline of Trammell Street, for a distance of

MONDAY, MARCH 1, 1971

1579

110 feet, more or less; thence running in a northerly direction, along the west boundary line of the Southwest Urban Renewal Area (Pro ject GA-R-16), for a distance of 105 feet, more or less, to the west right-of-way line of the Powder Springs Street-Polk Street Con nector (Project SP-1580) ; thence running in a northerly direction along said right-of-way line, for a distance of 40 feet; thence running in a westerly direction, along said Urban Renewal boundary line, for a distance of 45 feet; thence running in a northerly direction, along said boundary line, for a distance of 60 feet, to the west rightof-way line of the said connector; thence running in a northerly di rection, along said right-of-way line, for a distance of 70 feet, more or less; thence running in a westerly direction, along said Urban Renewal boundary line, for a distance of 130 feet; thence running in a northerly direction, along said boundary line, for a distance of 82.6 feet; thence running in a northeasterly direction, along said boundary line, for a distance of 130 feet; thence running in a wester ly direction, along said boundary line, for a distance of 40 feet; thence running in a northerly direction, along said boundary line, for a distance of 25 feet, thence running in a westerly direction, along said boundary line, for a distance of 10.4 feet; thence running in a north westerly direction, along said boundary line for a distance of 130 feet, to the south right-of-way line of Crescent Circle; thence running in a northerly direction, for a distance of 70 feet, more or less; thence running in a westerly direction, along said boundary line, for a distance of 260 feet; thence running in a northerly direction, along said boundary line, for a distance of 16.7 feet; thence running in a westerly direction, along said boundary line, for a distance of 127.5 feet; thence running in a southerly direction, along said boundary line for a distance of 204 feet, more or less; thence running in a westerly direction, along said boundary line for a distance of 139 feet, more or less; thence running in a northerly direction, along said boundary line, for a distance of 42 feet, more or less; thence running in an easterly direction, along said boundary line, for a distance of 14 feet, more or less; thence running in a northerly direction, along said boundary line, for a distance of 60 feet, more or less; thence running in a westerly direction, along said boundry line, for a dis tance of 58 feet, more or less; thence running in a northerly di rection, along said boundary line, for a distance of 303 feet, more or less; to the north right-of-way line of Henderson Street; thence running in an easterly direction, along said right-of-way line, for a distance of 25 feet, more or less; thence running in a northerly di rection along said boundary line, for a distance of 95 feet, thence running in a easterly direction, along said boundary line, for a dis tance of 100 feet; thence running in a northerly direction, along said boundary line, for a distance of 53.9 feet; thence running in an easterly direction, along said boundary line, for a distance of 96 feet; thence running in a northerly direction, along said boundary line, for a distance of 86.2 feet; thence running in an easterly direc tion, along said boundary line, for a distance of 139.3 feet; thence running in a northerly direction, along said boundary, for a dis tance of 360 feet, to the centerline of Whitlock Avenue; thence running in a westerly direction, along said centerline, for a dis tance of 550 feet, more or less; thence running in a northerly di rection, for a distance of 445 feet, more or less; thence running in an easterly direction, for a distance of 230 feet, more or less; thence running in a northerly direction for a distance of 296.9 meet, more

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JOURNAL OF THE HOUSE,

or less; thence running in a westerly direction, along said boundary line, for a distance of 20 feet; thence running in a northerly direc tion, along said boundary line, for a distance of 420 feet, to the centerline of Polk Street; thence running in an easterly direction, along said centerline to the point of beginning.

The report 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, as amended.

HB 662. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to provide for a new charter for the City of Waynesboro; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 662 as follows:
By striking subsection "r" of Section 1.04, lines 18 through 30 of page 6, in its entirety; and
By striking from line 31 of page 6, the following:

and inserting in lieu thereof the following: "r", and
By striking from line 3 of page 7, the following:

and inserting in lieu thereof the following: "s", and
By striking from line 5 of page 7, the following :

MONDAY, MARCH 1, 1971

1581

and inserting in lieu thereof the following: "t", and

By striking from line 8 of page 7, the following: "v",

and inserting in lieu thereof the following: "u".

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.
HB 800. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to amend an Act creating a Board of Commis sioners for Henry County, as amended, so as to change the purchasing procedures; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a Board of Com missioners for Henry County, approved August 8, 1921 (Ga. Laws 1921, p. 490), as amended, so as to increase the surety bond of the Chairman and other members of the Board; to provide for the em ployment of a certified public accountant for the purpose of making an annual continuous audit of County finances and financial records; to change the purchasing procedures; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a Board of Commissioners for Henry County, approved August 8, 1921 (Ga. Laws 1921, p. 490), as amended, is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7, to read as follows.
"Section 7. Before entering upon the discharge of their duties, the Chairman and other members of the Board shall subscribe an oath before the Ordinary of Henry County for the true and faithful

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JOURNAL OF THE HOUSE,

performance of their duties and that they are not the holders of any unaccounted for public funds. The Chairman shall give a satisfactory surety bond to be approved by the Ordinary of Henry County and payable to the Ordinary or his successor in office and filed in the office of the Ordinary, in the sum of twenty-five thousand dollars ($25,000.00), conditioned upon the faithful performance of the duties of his office. In addition, each of the other members of the Board shall give a satisfactory surety bond to be approved by the Ordinary of Henry County and payable to the Ordinary or his successor in office and filed in the office of the Ordinary, in the sum of ten thousand dollars ($10,000.00), conditioned upon the faithful performance of the duties of their respective offices. The premiums for said bonds shall be paid out of the County Treasury."

Section 2. Said Act is further amended by adding a new section immediately following Section 7, to be designated Section 7A, to read as follows:

"Section 7A. The Board each year shall obtain bids and employ a certified public accountant for the purpose of making an annual continuous audit of County finances and financial records. The accountant so employed shall be paid by the Board out of County funds and shall perform a complete audit of the financial records of the County for the ensuing fiscal year, pointing out any irregularities found to exist, and reporting the results of such audit to the Board at least quarterly. Each quarterly and annual report submitted to the Board shall be available for public inspection in the same manner as other records in such office. The Board shall cause a statement of the financial condition of the County as of December 31 and June 30 of each year to be published in the official organ of Henry County."

Section 3. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10, to read as follows:

"Section 10. The Board of Commissioners shall be the sole purchasing agent in said County, and shall execute all contracts for the purchase of all articles, goods, wares, materials or mer chandise for the use of said County. Before contracting to buy articles, goods, wares, material or merchandise which amount in bulk to more than two hundred fifty dollars ($250.00), it shall be the duty of said Board of Commissioners to have submitted to them at least three (3) competitive bids from dealers in the articles, good, wares, materials or merchandise sought to be purchased (except that emergency repairs shall be treated as services even though they may include parts or other materials), and they shall from the same quality of goods accept the lowest and best bid, and such bids, as well as all invoices of everything purchased, shall be kept on file by the Clerk in the office of the Board of Commis sioners. In determining whether articles, goods, wares, materials or merchandise are of the same quality, the Board may consider the utility of such items for the specific purpose for which needed, and the cost and availability of service for such items, insofar as

MONDAY, MARCH 1, 1971

1583

determinable from bids and from inspection and past experience. The requirement of three (3) bids shall not apply to the purchase of necessary items if fewer than three (3) dealers in such items are accessible, provided a bid or bids are obtained from the ac cessible dealer or dealers. The requirement of three (3) bids shall not apply to the purchase of items (including office supplies) which any county officer is legally required to obtain or keep or which the Board is legally required to furnish to such offices. No Com missioner shall receive any rebates, discounts or perquisites on account of any contracts or purchases they may make. Said Chair man shall have the right in only cases of emergency to employ a particular work or service for the County, and then in an amount not to exceed two hundred fifty dollars ($250.00) for the whole of said work or service, which he shall report to the next meeting of the Board."

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 115, nays 0.

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

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

SR 71. By Senator Brown of the 47th:
A Resolution authorizing the conveyance of certain real property lo cated in Hart County; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 158. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 88-5, relating to hospitalization of the mentally ill, so as to provide a limitation on the liability and length of service of guardians ad litem; and for other purposes.
Referred to the Committee on Welfare.
SB 204. By Senators Zipperer of the 3rd, Riley of the 1st, Overby of the 49th and others:
A Bill to be entitled an Act to authorize the governing authority of any municipality or county to provide by ordinance for the removal and

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JOURNAL OF THE HOUSE,

disposition of abandoned or junk automobiles which have been aban doned on public property or private residential property; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 246. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act prohibiting any person, firm or corporation from operating or conducting any motor vehicle race or exhibition unless a license shall be first obtained, so as to provide that no license shall be issued until the racetrack has complied with rules and regulations of the Safety Fire Commissioner; and for other purposes.
Referred to the Committee on Motor Vehicles.

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

HB 44. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to provide that the clerks of the superior courts shall not be re quired to file any civil case or proceeding until a deposit has been made with said clerk on account of cost; and for other purposes.

The following Senate amendment was read:
Senator Webb of the llth moves to amend HB 44 by adding on page 2, line 12, after the word "cost" a comma instead of a period, and the following:
"provided that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect."

Mr. Bennett of the 71st moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom

Berry Black Blackshear Bond Bostick Bowen

MONDAY, MARCH 1, 1971

1585

Brantley, H, H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dorminy Drury Edwards Evans Ezzard Felton Ployd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Gunter Ham Harrington

Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee,W. J. (Bill) Lee, W. S. Lewis Logan Lowrey
Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin

Mullinax Nessmith
Noble Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Sherman Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Toles Triplett Tripp Turner Vaughn
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Bohannon Buck Carter Coney, J. L. Cook Dailey Dean, J. E.

Dean, N. Dixon Egan Farrar Gary Granade Hadaway

Hamilton Hill, B. L. Hill, G. Hood Isenberg Johnson Jordan

1586
Leggett Levitas Longino McDonald Murphy Patterson Pickard

JOURNAL OF THE HOUSE,

Russell, W. B. Savage Shepherd Sims Snow Sorrells Thomason

Thompson, Townsend Wamble Westlake Mr. Speaker

On the motion, the ayes were 155, nays 0.

The motion prevailed and the Senate amendment to HB 44 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the Senate substitute to the same:

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others: A Bill to be entitled an Act to create a State Athletics Commission; and for other purposes.
Mr. Pickard of the 84th moved that the House insist on its position in sub stituting SB 2 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Pickard of the 84th, Lane of the 101st and Bray of the 31st.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 92. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and many others: A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein, and the purposes provided for herein; and for other purposes.

MONDAY, MARCH 1, 1971

1587

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

The motion prevailed.

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

Messrs. Floyd of the 7th, Murphy of the 19th and Busbee of the 61st.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 517. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, so as to change the annual license fee for applicants for licenses to practice chiropractic, and to change certain requirements respecting renewal certificates; and for other purposes.

The report 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 1.

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

HB 518. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill to be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, so as to change the subjects which must be covered in examinations of applicants for licenses to practice chiropractic; and for other purposes.

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

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JOURNAL OP THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S, P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Farrar Pelton Ployd, J. H. Floyd, L. R. Fraser

Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays, Hill, B. L. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McD'aniell McDonald Melton Merritt Miles

Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L, L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Thompson Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood

MONDAY, MARCH 1, 1971

1589

Voting in the negative was Mr. Williams.

Those not voting were Messrs.:

Adams, John Alien Barfield Bennett, J. T. Bohannon Bostick Bo wen Carter Collier Collins, S. Cook Dailey Egan Ezzard

Greer Hamilton Hill, G. Howell Isenberg Jones, Herb Jordan Keyton Knight Larsen, W. W. Leggett Longino Lowrey Miller

Patterson Pickard Russell, H. P. Russell, W. B.
Salem Snow Sorrells Thomason Toles Townsend Triplett Wamble Westlake Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 1.

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

HR 182-578. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st and Floyd of the 7th:
A Resolution relative to a Management Review Section in the office of the Legislative Budget Analyst; 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 112, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 158-462. By Mr. Chandler of the 34th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia; and and for other purposes.

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

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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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Black Blackshear Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans

Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L, Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan
Keyton King Knight Knowles Kreeger
Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee,W. J. (Bill) Lee, W. S.

Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts
Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.
Salem Savage Scarborough Shanahan

Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Strickland Sweat Thomason

MONDAY, MARCH 1, 1971

1591

Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware

Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams, W. M. Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Barfield Berry Bohannon Bond Buck Collier Cook

Dailey Hamilton Iseiiberg Leggett Longino Miller Patterson Pickard

Sims Snow Sorrells Stephens Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 540. By Messrs. Murphy of the 19th, Busbee of the 61st, Floyd of the 7th, Russell of the 70th, Snow of the 1st, Harrington of the 34th, Collins of the 72nd, and Felton and Greer of the 95th: A Bill to be entitled an Act to prohibit every department, bureau, board, institution, commission, office or other agency of the Executive Branch of State Government from maintaining or operating a print shop without the prior written approval of the Budget Bureau; and for other purposes.
The following amendments were read and adopted:
Mr. Murphy of the 19th moves to amend HB 540 by striking from Section 1, line 19 the word "other".
Mr. Murphy of the 19th moves to amend HB 540 by striking Sec tion 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:
"Section 3. The Budget Bureau shall publish specific direc tives and establish priorities whereby departments, bureaus, boards,

1592

JOURNAL OP THE HOUSE,

institutions, commissions, offices and other agencies which are not authorized to maintain and operate print shops may fulfill their in-house duplicating requirements."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton
Barfield Battle Bell
Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen
Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D.

Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison
Hawes Hays

Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M.
Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb
Jones, J. R. Jordan Keyton King
Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald

Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt
Nunn Odom Oxford Patterson Patten Pearce Peters

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1593

Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.
Salem Savage Scarborough Shanahan Shepherd Sherman Sims

Smith, H, R. Smith, J. R, Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Tbles Townsend Triplett Tripp Turner Vaughn
Ware Westlake Wheeler, J. A, Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Brantley, H. H. Cook Dailey Hamilton

Hood Larsen, G. K. Longino McDaniell Pickard

Snow Thomason Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 180, nays 0.

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

The following Resolution of the House was read and adopted:
HR 277. By Messrs. Davis, Ployd, Granade and Westlake of the 75th:
A RESOLUTION
Commending the Honor Pages of South DeKalb County; and for other purposes.
WHEREAS, the members of the General Assembly representing South DeKalb County sponsored a Page Day contest for the seventh grade students of that area; and
WHEREAS, the contest provided that Page Day would be March 2, 1971, and that the Pages selected by their schools to serve on that day would be Honor Pages; and

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JOURNAL OF THE HOUSE,

WHEREAS, the Honor Pages were selected on the basis of essays written by them on State government or other subjects of civic interest; and

WHEREAS, the seventh graders of said area responded to the contest with enthusiasm and dedication and demonstrated remarkable ability and understanding in the essays written by them; and
WHEREAS, the Honor Pages are outstanding young Georgians and set an excellent example for all young people of our State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the young persons named below are hereby declared to be Honor Pages and are hereby commended for being selected by their schools to serve as Honor Pages: Debbie Aldridge ..--.--------_.._------_--._-----_.___-__ Wesley Chapel School Kathleen Anderson _._.--..--___.__---.--......___--_-.--...._----.Snapfinger School Tom Ariel ..._.,,_-____...__.--.....--____---_,,__----_--_,,_--.Chapel Hill School Douglas Bentley ...........__.______....._.--___._.--.--.._-____--...Bouldercrest School Vincent Bentley --...-...----__--_.------_,,_.--Columbia Elementary School Mike Chaffin ___.,,______,,,,---._,,__----____...__-_____._......_Wadsworth School Ricky Harris --_--__--_------_--._----__-------___..._._-______. Skyhaven School Mark Hendrix __......_._.--~______.--_..~--_-_____..--____-_----__Flat Shoals School Carl Herring __..............__.____,,..----,,_____....______........_________.......Toney School Brenda King .__..,,........--,,_____----_________.______Alexander Hooper School Cathy Knight ________________________________________..Rainbow Elementary School Cynthia McDonald --_---,,_--_.------_--------__....-.----..Knollwood School Eva McLendon ___.,,____-.._..............__.,,.._._..__.__--.-Peachcrest School Ginger Newman ___._.__--...__..__..--..-_._____.----_____.._.....Glen Haven School Fred Pearson __._...__._.--__._____.__..-__._...._.--_.______....._____.___.Midway School Mark Roberts ___--__......--__.__..._,,.__.___..._--.--___.......--__Canby Lane School Mike Rumble _--------.------.__----_--_.--..------_.-.._.. Leslie J. Steele School

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to each Honor Page named above.

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 112. By Mr. Vaughn of the 74th: A Bill to be entitled an Act to amend Code Section 92-1403, relating to

MONDAY, MARCH 1, 1971

1595

the taxation of motor fuel, so as to provide for an increase in the motor fuel excise tax; and for other purposes.

The following amendment was read and adopted:
Messrs. Vaughn of the 74th and Davis of the 86th move to amend HB 112 as follows:
By striking from line 21 and line 26 on page 1, the figure "8%" and inserting in lieu thereof the figure "7%";
and by striking from line 7 and line 17 on page 2 the words "two cents" and inserting in lieu thereof the words "one cent".
An amendment, offered by Mr. Salem of the 51st, was read and lost.
The following amendment was read:
Mr. Levitas of the 77th moves to amend HB 112 as follows:
By inserting in the title, after the phrase "so as to provide for an increase in the motor fuel excise tax;",
the following:
"to authorize and direct the Director of the State Highway Department to prepare and submit a report containing certain information to the General Assembly;".
By adding at the end of quoted paragraph (A) (1) of Code Sec tion 92-1403 of Section 1 a new paragraph (A) (1.1) of Code Section 92-1403, to read as follows:
"(1.1) The State Highway Director is hereby authorized and directed to prepare and submit to the Governor and each member of the General Assembly a report at least thirty (30) days prior to the beginning of the 1973 Session of the General Assembly show ing the expenditure of funds derived from the tax on the sale or use of motor fuel which the State started collecting July 1, 1971. The report shall contain detailed and itemized information ex plaining specific projects and other purposes for which the funds were expended from July 1, 1971, through September 30, 1972. The report shall also contain detailed and itemized information explaining specific projects and other purposes for which the State Highway Department proposes to expend said funds during the 1973-74 biennium."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Alien Battle Bell Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brown, B. D. Brown, S. P. Buck Burruss Busbee Collier Collins, S. Coney, G. D. Conger Connell Cook Daugherty Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Edwards Egan

Evans Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Greer Hamilton Harrington Hill, B. L. Hill, G. Horton Howard Howell Isenberg Jones, J. R. King Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Marcus Maxwell McDaniell McDonald Melton

Merritfc Miller Moyer Mullinax Noble Northcutt Odom Patterson Pearce Phillips, L. L. Phillips, W. R. Pinkston Rainey Reaves Roach Russell, A. B. Russell, W. B. Savage Scarborough Sherman Sorrells Strickland Sweat Thomason Thompson Town send Triplett Vaughn Ware Westlake Wheeler, Bobby Whitmire Wilson

Those voting in the negative were Messrs.

Adams, John Atherton Brantley, H. L. Bray Carr Carter Chance Chandler Chappell Clements Cole Collins, M. Colwell Coney, J. L. Davis, E. T. Dean, N. Drury Floyd, J. H.

Grahl Grantham Griffin Gunter Hadaway Ham Harris Harrison Hays Hudson, C. M. Hudson, Ted Hutchinson Johnson Keyton Knight Knowles Lambert Lane, W. J.

Lewis Lowrey Mason Matthews, C. Matthews, D. R. McCraeken Miles Milford Moore Morgan Mulherin
Murphy Nessmith Oxford Patten Peters Phillips, G. S. Poole

Potts Ross Rush. Russell, H. P. Salem

MONDAY, MARCH 1, 1971

1597

Shanahan Smith, H. R. Smith, V. T. Snow Stephens

Toles Turner Wheeler, J. A. Williams Wood

Those not voting were Messrs.:

Adams, Marvin
Alexander, W. M. Barfield Bennett, J. T. Black Brown, C. Cheeks Dailey Ezzard

Hawes
Hood Housley Jessup Jones, Herb Jordan Larsen, W. W. Logan Longino

Mauldin
Nunn Pickard Shepherd Sims Smith, J. R. Tripp Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 99, nays 79.

The amendment was adopted.

The following amendment was read and adopted:
Mr. Busbee of the 61st moves to amend HB 112 as follows:
By renumbering Section 6 as Section 7 and by adding a new Section 6 to read as follows:
Section 6. Georgia Code Section 92-1403, as amended, par ticularly by an Act approved February 28, 1966 (Georgia Laws 1966, p. 61), is hereby further amended by striking from Para graph K thereof the words "not to exceed five and one-half cents" and inserting the words "of all of the state tax on such gasoline except one cent" and by striking from Paragraph K (1) the words, "but not to exceed five and one-half cents per gallon" and inserting in lieu thereof the words "all except one cent per gallon" and by adding in the caption after the words "motor fuel" in line 12 on page one the words "to provide for certain refunds:"

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:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, John Alexander, W. H. Alien Atherton Battle Bell Berry Black Blackshear Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Egan Farrar Felton Fraser Gary

Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Hadaway Ham Hamilton Harris Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutehinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knig-ht Knowles Kreeger
Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McCracken

McDaniell Melton Miller Moore Mover Mulherin Mullinax Northcutt Nunn Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Poole Potts Reaves Roach Ross Rush Russell, W. B. Shanahan Shepherd Sherman Smith, H. R. Smith, V. T. Snow Sorrells Strickland
Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, G. D. Barfield Bennett, J. T. Bennett, Tom Bohannon Bowen

Brantley, H. H. Collins, M. Collins, S. Conger Davis, W. Edwards

Floyd, J. H. Floyd, L. R. Granade Gunter Harrington Lane, Dick

MONDAY, MARCH 1, 1971

1599

Lane, W. J. Mauldin Maxwell McDonald Merritt Miles Milford Morgan

Murphy Nessmith Noble Odom Patterson Phillips, W. R. Rainey Russell, H. P.

Salem Savage Scarborough Stephens Sweat Westlake

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Bond Collier Dailey Evans Ezzard

Harrison Hawes Hood Jordan Larsen, W. W. Longino Pickard

Pinkston Russell, A. B. Sims Smith, J. R. Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 135, nays 40.

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

Messrs. Collins of the 54th, Hawes of the 95th, Bond of the llth and Ezzard of the 102nd stated that they had been called from the floor of the House when the roll was called on HB 112, as amended, and wished to be recorded as voting "aye".

Mr. Evans of the 81st stated that he had been called from the floor of the House when the roll was called on HB 112, as amended, and wished to be re corded as voting "nay".
Mr. Dixon of the 65th stated that he had inadvertently voted "aye" on the passage of HB 112, as amended, and wished to be recorded as voting "nay".
By unanimous consent, HB 112, as amended, was ordered immediately trans mitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 9. By Messrs. Chandler of the 34th, Colwell of the 5th, Toles of the 9th, Sweat of the 65th, and Kreeger of the 117th: A Bill to be entitled an Act to amend Code Title 91, relative to public property, so as to provide for a central inventory of State owned mov-

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able personal property; to provide for the duties of the Supervisor of Purchases in connection therewith; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency in Govern ment moves to amend HB 9 as follows:
By striking from Section 2 on line 27 of page 3, the following: "striken",
and by inserting in lieu thereof the following: "stricken".
Mr. Chandler of the 34th moved that the House agree to the Senate amend ment.
On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr

Carter Chance Chandler Chappell Cheeks Clements
Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy

Drury Edwards Evans Ezzard Parrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L.

Hill, G. Horton Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey
Marcus Matthews, C. Mauldin Maxwell

MONDAY, MARCH 1, 1971

1601

McCracken McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts
Rainey Reaves Rush

Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett, J. T. Black Brantley, H. H. Dailey Egan Floyd, J. H. Hadaway Harris Hood

Housley Howard Hudson, C. M. Jordan Longino Mason Matthews, D. R. McDaniell Patten Pickard

Roach Ross Russell, A. B. Sorrells Stephens Thompson Wamble Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 166, nays 0.

The motion prevailed and the Senate amendment to HB 9 was agreed to.

The following Bill of the House was taken up for the purpose of considering

1602

JOURNAL OP THE HOUSE,

the Senate's insistence on its position in substituting the same:

HB 119. By Messrs. Buck of the 84th, Bostick of the 63rd, Bowen of the 47th and others:
A Bill to be entitled an Act to establish a State Commission on Compen sation to assist the General Assembly in setting the compensation of constitutional State officers and full-time heads of State agencies, au thorities, boards, bureaus, commissions, committees and departments whose compensation is set by Act of the General Assembly; and for other purposes.
Mr. Buck of the 84th moved that the House insist on its position in disagree ing to the Senate substitute and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Buck of the 84th, Chandler of the 34th and Bostick of the 63rd.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 101. By Messrs. Farrar of the 77th and Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing a Teachers' Retirement System, so as to change the name of the "Georgia Education Association" to the "Georgia Association of Educators"; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act establishing a retirement sys tem for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 3, 1965 (Ga. Laws 1965, p. 112), and an Act approved April 25, 1969 (Ga. Laws 1969, p. 672), so as to amend subsection (5) of Section 1 by deleting "Georgia Education As-

MONDAY, MARCH 1, 1971

1603

sociation" and "Georgia Teachers and Education Association" and by inserting in lieu thereof "Georgia Association of Educators"; to change the name of the "Secretary of the Georgia Education Association, ex officio" and the "Executive Secretary of the Georgia Teachers and Edu cation Association" to the "Executive Secretary of the Georgia Associa tion of Educators, ex officio" and the "Associate Executive Secretary of the Georgia Association of Educators, ex officio"; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by
an Act approved March 3, 1965 (Ga. Laws 1965, p. 112), and an Act approved April 25, 1969 (Ga. Laws 1969, p. 672), is hereby amended by striking from the fourth sentence of subsection (5) of Section 1, the following:

"In the event the Georgia Education Association and any fulltime employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Education Association and any full-time employee thereof,",

and by inserting in lieu thereof the following:

"In the event the Georgia Association of Educators and any fulltime employee thereof or the Georgia High School Association and any full-time employee thereof,".

Section 2. Said Act is further amended by striking in their entirety subparagraphs (c) and (d) of subsection (2) of Section 6, which read as follows:

"(c) The Secretary of the Georgia Education Association, exofficio, and the Executive Secretary of the Georgia Teachers and Education Association, ex-officio.

(d) One member, a school administrator or a school principal and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Geor gia Education Association in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided, however, that the two members herein referred to shall first be tippointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946.",

and by inserting in lieu thereof new subparagraphs (c) and (d), which shall read as follows:

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"(c) The Executive Secretary of the Georgia Association of Educators, ex officio, and the Associate Executive Secretary of the Georgia Association of Educators, ex officio.

(d) One member, a school administrator or a school principal and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Geor gia Association of Educators in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided, however, that the two members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one from a term from the date of appointment to June 30, 1946."

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

Mr. Farrar of the 77th 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.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W .M. Atherton
Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee

Carr Carter Chandler Chappell Cheeks Clements
Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Farrar Felton

Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger
Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M.

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Keyton King Knight Knowles
Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lowrey Marcus Mason Matthews, C.
Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton

MONDAY, MARCH 1, 1971

1605

Merritt
Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy
Nessmith Noble Nunn
Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach
Ross Rush Russell, A. B. Russell, H. P.

Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman
Smith, H. R. Smith, J. R.
Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson
Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Alien Chance Colwell Dailey Dean, Gib Dean, J. E. Egan Ezzard Hill, B. L.

Hood Jones, Herb Jordan Larsen, W. W. Logan Longino McCracken Northcutt

Phillips, G. S. Pickard Reaves Sims Sorrells Wamble Wilson Mr. Speaker

On the motion, the ayes were 170, nays 0.

The motion prevailed and the Senate substitute to HB 101 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:

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JOURNAL OF THE HOUSE,

HB 598. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to authorize the establishment of a life insurance program for certain employees of the State, certain sub divisions thereof, members of the General Assembly, and certain annui tants; and for other purposes.

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, G. D. Adams, John Alexander, W. H. Alien Atherton Barfield Battle Bell Bennetfc, J. T. Bennett, Tom Berry Black Blackshear Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Felton Floyd, J. H. Fraser Gaynor Geisinger Gignilliat Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M.

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller

Moore Morgan Mulherin Mullinax Murphy Nessmith Northcutt Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole

MONDAY, MARCH 1, 1971

1607

Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells

Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Bohannon Bowen Brantley, H. H. Collier Dailey Drury Ezzard Farrar Floyd, J. R.

Gary Grahl Granade Gunter Hood Howell Jordan Lewis Longino Moyer Noble

Nunn Patterson Pickard Rainey Russell, W. B. Savage Smith, J. R. Stephens Wamble Ware Mr. Speaker

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

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

HB 736. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, as amended, so as to change pro visions relating to payment of interest on loans guaranteed by the Cor poration ; and for other purposes.

The report 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.

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JOURNAL OF THE HOUSE,

HB 737. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Assistance Authority, as amended, so as to provide for purchase of serv ices in locating debtors and collecting fund owed to the Authority; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John
Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Bennett, Tom Berry Blackshear Bohannon
Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger Connell Daugherty

Davis, E. T. Davis, W. Dean, Gib Dean, J. E.
Dean, N. Dent Dixon Dorminy Edwards Egan
Evans Felton Floyd, L. R. Gaynor Gei singer Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson

Isenberg Johnson Jones, Herb Jones, J. R.
Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Milford
Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith
Noble

Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Ross Rush

MONDAY, MARCH 1, 1971

1609

Russell, A. B. Russell, H. P. Russell, W. B. Salem
Savage Scarborough Shanahan Shepherd Sherman Sims
Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens

Strickland Sweat Thomason Thompson Toles Triplett Turner Vaughn Ware Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Barfield
Bennett, J. T. Black Bostick Bowen Brantley, H. H. Chandler Cook Dailey Drury Ezzard Farrar

Floyd, J. H. Fraser Gary Hill, B. L. Hood Howell Jessup Jordan King Longino Matthews, D. R. McDonald Merritt

Miles Miller Pickard Pinkston Reaves Roach Townsend Tripp Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 0.

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

HB 738. By Mr. Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission to provide for granting of scholarship, as amended, so as to provide that terms and conditions governing award, repayment and deferment of repayment shall be required in cash with interest or by practicing in an approved field in a community or at a site in Georgia approved by the Commission; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1610

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon

Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Gei singer Gignilliat Grahl Grantham Greer Griffin Gunter Ham Hamilton Harrington Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Reaves Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims

Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland

MONDAY, MAECH 1, 1971

1611

Sweat Thomason Thompson Toles Triplett Tripp

Turner Ware Westlake Wheeler, Bobby Wilson

Those not voting were Messrs.:

Alexander, W. M. Bar field Black Brantley, H. H. Dailey Floyd, J. H. Granade Hadaway Harris Hill, B. L. Hood

Hudson, C. M. Jordan Longino Mason Moore Peters Phillips, W. R. Pickard Rainey Roach Savage

Stephens Townsend Vaughn Wamble Wheeler, J. A. Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 0.

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

HR 196-665. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Brown of the 110th, Thomason of the 77th and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change tht provisions relating to the sale of liquors on election days; 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 II, Section V, Paragraph I of the Constitution is hereby amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I, to read as follows:
"Paragraph I. Sale of liquors on election days. The General Assembly shall by law forbid the sale of alcoholic beverages in this State or any political subdivision thereof during the hours of voting on all days for the holding of an election in the area in which such election is held and prescribe punishment for any violation of the same."

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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 writ ten or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide that the General Assembly shall by law forbid the sale
NO ( ) of alcoholic beverages in this State or any political subdivision thereof during the hours of voting on all days for the holding of any election?"

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 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, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Blackshear Bond Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Burruss Busbee Carr Carter Chandler Cole Collier Collins, S. Conger Connell

Cook Daugherty Davis. E. T. Davis, W. Dean, Gib Dent
Dixon Egan Evans Ezzard Farrar Gary Gaynor Geisinger Gigriilliat Grantham Greer Griffin Hamilton Harrington Harrison Hawes Hays Hill, B. L.

Hill, G. Horton Housley Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Keyton King Knight Kreeger Lambert Larsen, G. K. Lee, W. S. Levitas Logan Marcus Matthews, C. Mauldin Maxwell McCracken Melton Merritt

Miles Milford Morgan Moyer Mulherin Mullinax Nunn Odom Oxford Pearce

MONDAY, MARCH 1, 1971

1613

Phillips, G. S. Phillips, L. L. Potts Reaves Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shanahan Sherman

Smith, H. R. Smith, J. R. Snow Sorrells Strickland Thomason Thompson Townsend Wheeler, J. A. Wilson

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Berry Black Bohannon Bostick Bray Brown, S. P. Buck Chappell Clements Collins, M. Coney, G. D. Coney, J. L. Dean, N. Dorminy Drury Edwards Floyd, L. R.

Fraser Grahl Granade Hadaway Ham Harris Hood Howell Johnson Knowles Lane, Dick Leggett Lewis Lowrey Matthews, D. R. McDonald Miller Moore Murphy Nessmith

Northcutt Patterson Patten Pinkston Poole Roach Ross Rush Salem
Savage Shepherd Smith, V. T. Stephens Sweat Toles Turner Westlake Whitmire Williams Wood

Those not voting were Messrs.:

Adams, John Alien Chance Cheeks Colwell D alley Dean, J. E. Felton Floyd, J. H. Gunter Howard

Jones, Herb Jones, J. R. Jordan Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Longino Mason McDaniell Noble Peters

Phillips, W. R. Pickard Rainey Sims Triplett Tripp Vaughn Wamble Ware Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 102, nays 60.
The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

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Mr. Geisinger of the 72nd served notice of motion that at the proper time he would ask the House to reconsider its action in failing to give the requisite two-thirds constitutional majority to HR 196-665.

Mr. Rush of the 51st 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 734. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to provide for an extended benefits program; and for other purposes.

By unanimous consent, further consideration of HB 734 was postponed until March 2,1971.

The Acting-Speaker announced the House recessed until 1:45, o'clock, P.M.
AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules,, the following Bills of the House were taken up for consideration and read the third time:

HB 551. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act providing that in all criminal trials in the courts of this State on behalf of the accused that he was mentally incompetent at the time the acts charged against him were committed, the judge shall require verdicts of acquittal, so as to provide that such person shall be confined in a State hospital for the mentally ill for not more than 1 year; and for other purposes.

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend HB 551 by striking the words "one year" on line 24, page 2 and inserting in lieu thereof tha words "hospitalization ordered by the trial judge".

MONDAY, MARCH 1, 1971

1615

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, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Battle Bell Blackshear Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent
Dorminy
Drury
Egan
Evans
Ezzard
Farrar
Floyd, L. R.

Fraser Geisinger Gignilliat Grahl Granade Grantham Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.

Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan
Shepherd
Sherman
Sims
Smith, H. R.
Smith, J. R.
Smith, V. T.
Snow

1616
Thomason Thompson Townsend Triplett

JOURNAL OF THE HOUSE,

Tripp Turner Vaughn Ware

Westlake Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Adams, John Bennett, Tom Carter

Conger Griffin Hill, G.

Hudson, Ted Toles

Those not voting were Messrs:

Alien Barfield Bennett, J. T. Berry Black Bohannon Bostick Bowen Buck Collins, M. Colwell Dailey Dixon Edwards Felton

Floyd, J. H. Gary Gaynor Greer Gunter Hill, B. L. Hood Jones, Herb Jordan Larsen, W. W. Longino Miller Noble Patten Pearce

Pickard Pinkston Rainey Roach Sorrells Stephens Strickland Sweat Wamble Wheeler, Bobby Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 8.

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

HB 279. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to provide that notwithstanding any law, rule or regulation to the contrary, an employee of State Government shall be authorized to run for and hold office in any government of any municipality having a population of 1,000 persons or less; and for other purposes.

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:

MONDAY, MARCH 1, 1971

1617

Those voting in the affirmative were Messrs:

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bennett, J. T. Berry Blackshear Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Coiling, M. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Edwards Ezzard Farrar Felton Fraser Gary Gaynor

Geisinger Gignilliat Grahl Granade Grantham Greer Hadaway Harrington Harris Harrison Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Keyton Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. S. Levitas Lewis Logan Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Moyer Mulherin Mullinax Murphy

Nessmith Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Poole Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Townsend Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, John Bell Bennett, Tom Bohannon Bray Brown, S. P.

Collins, S. Coney, G. D. Evans Ham Hawes

Lowrey Noble Phillips, W. R. Scarborough Toles

1618

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alien Black Chandler Colwell Conger Cook Dailey Dean, Gib Dean, J. E. Drury Egan Floyd, J. H. Floyd, L. R. Griffin Gunter

Hamilton Hill, B. L. Hill, G. Hood Johnson Jones, Herb Jordan King Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Longino Marcus Mason

Matthews, D. R. Miles Miller Moore Morgan Northcutt Pickard Pinkston Potts Sims Thompson Vaughn Wamble Westlake Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 16. The Bill, having received the requisite constitutional majority, was passed.

HB 409. By Messrs. Hadaway of the 27th, Hudson of the 28th, Busbee of the 61st, Edwards of the 45th, Roach of the 10th, Knowles of the 22nd, Dailey of the 53rd and Felton of the 95th:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to preparation for and conduct of primaries and elections, so as to provide that whenever any candidate for party nomination is unopposed, his name shall appear on the primary ballot but the votes cast for him shall not be counted; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Georgia Code Section 34-1102, re lating to the form of the official primary ballot, as amended, so as to provide that whenever any candidate for party nomination is unopposed, his name shall not be voted on by the electors, but shall be listed on the bottom of the ballot as unopposed and certified as the party nominee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Georgia Code Section 34-1102 (c), relating to the form of the official primary ballot, is hereby amended by inserting in the first sentence of that subparagraph between the words "all" and "candi dates", the word "opposed" and by inserting the following language immediately after the last sentence of subparagraph (c) :

MONDAY, MARCH 1, 1971

1619

"Whenever any candidate for party nomination is unopposed, his name shall not be voted on by the electors, but shall be listed on the bottom of the ballot as unopposed and certified as the party nomi nee."

so that when amended, subparagraph (c) of Georgia Code Section 34-1102 will read as follows:
" (c) Immediately under the directions, the names of all opposed candidates, 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 quali fied, 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. Whenever any candidate for party nomination is unopposed, his name shall not be voted on by the electors, but shall be listed on the bottom of the ballot as unop posed and certified as the party nominee."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Mr. Howell of the 60th moves to amend the Committee substitute to HB 409 by adding on line 13, Section 1 after "nominees," a new sen tence to read as follows:
"For certification, the unopposed candidate shall receive a number of votes equal to the total number of votes cast in the primary of his party."

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, G. D. Adams, John Adams, Marvin Alien Atherton

Bennett, Tom Berry Black Bohannon Bostick

Bowen Brantley, H. L. Bray Brown, C. Brown, S. P.

1620
Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, N.
Dent
Dixon
Dorminy
Drury
Edwards
Egan
Ezzard
Farrar
Floyd, L. R.
Gary
Gaynor
Geisinger
Grahl
Granade Grantham
Griffin
Hadaway
Ham Harrington
Harris
Harrison
Hawes

JOURNAL OF THE HOUSE,

Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S.
Leggett
Le vitas
Lewis
Logan
Lowrey
Marcus
Matthews, C.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Morgan
Moyer
Mulherin
Mullinax
Murphy

Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough
Shanahan
Sherman
Sims
Smith, H. R.
Smith, J. R.
Snow
Sorrells
Strickland
Sweat
Thompson
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Wilson

Those voting in the negative were Messrs.:

Alexander, W. H. Bond Brown, B. D.

Evans Fraser Moore

Stephens Williams

MONDAY, MARCH 1, 1971

1621

Those not voting were Messrs.:

Alexander, W. M. Barfield Battle Bell Bennett, J. T. Blackshear Brantley, H. H. Colwell Dailey Daugherty Dean, Gib Dean, J. E. Felton Floyd, J. H.

Gignilliat Greer Gunter Hamilton Hill, B. L. Hood Horton Jones, Herb Jordan Knowles Longino Mason Matthews, D. R.

McCracken Noble Phillips, G. S. Pickard Pinkston Ross Savage Shepherd Smith, V. T. Thomason Wamble Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 8.

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

HB 274. By Messrs. Greer of the 95th, McDaniell of the 117th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the State Building Administrative Board, so as to increase the membership of said Board; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. Laws 1969, p. 546), as amended by an Act approved March 24, 1970 (Ga. Laws 1970, p. 734), so as to increase the membership of said Board; to change the pro visions relative to a quorum; to provide for certain advisory com mittees; to delete a provision relative to the establishment of a task force to advise the Board; to delete certain provisions relative to the inspection of factory-built housing; to provide for all matters relative to the foregoing; to provide that certain Sections of this Act shall not become become effective until funds are made available by appropriation by the General Assembly to carry out the provisions of said Sections; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OF THE HOUSE,

Section 1. The Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. Laws 1969, p. 546), as amended
by an Act approved March 24, 1970 (Ga. Laws 1970, p. 734), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:

"Section 2. State Building Administrative Board Created: Membership, Terms of Office.

(a) There is hereby created within the executive branch of the State government the State Building Administrative Board, hereinafter referred to as the 'Board', which shall be a State agency and a budget unit of the executive branch of State government. Said Board shall be composed of twelve (12) members as follows:

(1) The Georgia Safety Fire Commissioner, or his designee as an ex officio member with full voting privileges.

(2) The Director of the Department of Public Health or his designee as an ex officio member with full voting privileges.

(3) The Secretary of State or his designee as an ex officio member with full voting privileges.

(4) One representative from municipal government appointed by the Governor from a list of three names submitted to him by the Board of Directors of the Georgia Municipal Association.

(5) One representative of county government appointed by the Governor from a list of three names submitted to him by the Board of Directors of the Association of County Commissioners of Georgia.

(6) One representative of home builders appointed by the Governor from a list of three names submitted to him by the Home Builders Association of Georgia.

(7) One representative of savings and loan institutions ap pointed by the Governor from a list of three names submitted to him by the Georgia Savings and Loan League, Inc.

(8) One representative of the profession of architecture ap pointed by the Governor from a list of three names submitted to him by the Georgia Association, American Institute of Architects.

(9) One representative of the consulting engineering profes sion engaged in civil, mechanical, structural or electrical practice to be appointed by the Governor from a list of three names sub mitted to him by the Consulting Engineers Council of Georgia.

(10) One representative of the mobile home industry appointed by the Governor from a list of three names submitted to him by the Georgia Mobile Home Association.

MONDAY, MARCH 1, 1971

1623

(11) One representative of contractors appointed by the Governor from a list of three names submitted to him by the Georgia Branch, Associated General Contractors of America.

(12) One electrical contractor from the State at large ap pointed by the Governor.

(b) Membership on the Board does not constitute public office and no member shall be disqualified from holding public office by reason of his membership.

(c) All appointments shall be for a term of four years. A member shall serve until his successor has been duly appointed and qualified. The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the Board as required by the provisions of this Act. Any appointive member who, during his term, shall cease to meet the qualification for original appointment shall thereby forfeit his membership on the Board. The Governor shall have a period of thirty (30) days from the effective date of this Act to appoint the members repre senting the various organizations named in subsection (a) of this Section. If these organizations fail to submit names within the time described, the Governor shall proceed to appoint one representative from each such organization without their recommendation."

Section 2. Said Act is further amended by striking from the last sentence of Section 4 the word and figure, "Four (4)" and inserting in lieu thereof the word and figure, "Seven (7)", so that when so amended Section 4 shall read as follows:

"Section 4. Organization of the Board; First Meeting, Organi zation, Rules and Regulations. Be it further enacted that, within thirty (30) days after its appointment, the Board shall meet on call by the Joint Secretary of the State Examining Boards. The Joint Secretary shall serve as Secretary to the Board in all matters as set forth in Chapter 84-1, Code of Georgia of 1933, as amended. The Board shall elect from its members a chairman and such other officers as it may deem necessary for such terms as it may desig nate in its rules and regulations. The Board shall adopt such rules and regulations as it may deem necessary for the proper discharge of its duties, in accordance with the Georgia Administra tive Procedure Act (Ga. L. 1964, p. 338). The chairman may ap point members to such committees as the work of the Board may require. Seven (7) members of the Board shall constitute a quorum."
Section 3. Said Act is further amended by adding a new section between Sections 4 and 5 to be designated Section 4A and to read as follows:
"Section 4A. Advisory Committees. For the purpose of assist ing the Board in carrying out the provisions of Section 5 of this Act, the Board shall appoint such advisory committees as it deems necessary and appropriate. Said advisory committees may have as

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JOURNAL OF THE HOUSE,

members appropriate professional and technical personnel, members of the governing bodies of local governments and such other per sonnel as the Board deems necessary or advisable. All members of such advisory committees shall serve without compensation and shall not be eligible for reimbursement of travel and other expenses incurred by them as members of such committees."

Section 4. Said Act is further amended by striking the last sentence of the first paragraph of Section 5 in its entirety so that when so amended the first paragraph of Section 5 shall read as follows:

"Be it further enacted that the Board shall have the authority to appoint from among its members, a division to be charged with the preparation of a housing code; a division to be charged with the preparation of a building code; a division to be charged with the preparation of a plumbing code; a division to be charged with the preparation of an air conditioning and heating (warm air and hydronic) code; a division to be charged with the preparation of an electrical code; and a division to be charged by the preparation of a gas code. Each of said prepared codes shall be submitted to and approved by a majority of the members of the Board."

Section 5. Said Act is further amended by striking subsections (c) and (d) of Section 7 in their entirety.

Section 6. The provisions of Sections 1 and 2 of this Act shall not become effective until funds are made available by appropriation by the General Assembly to carry out the provisions of said Sections.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted: Mr. Noble of the 73rd moves to amend the Committee substitute to
HB 274 by changing the period on page 3, line 2 to a comma and adding the following language:
"and the Georgia Society of Professional Engineers".
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 0.

MONDAY, MARCH 1, 1971

1625

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

Mr. Levitas of the 77th moved that HB 274, by substitute, as amended, be immediately transmitted to the Senate.
On the motion, the ayes were 89, nays 47.
The motion was lost.

HB 273. By Messrs. Greer of the 95th, McDaniell of the 117th and Levitas of the 77th:
A Bill to be entitled an Act to provide for the certification of factorybuilt housing and for the establishment of uniform health and safety standards and inspection procedures for factory-built housing; and for other purposes.

The following Committee amendment was read:
Th e Committee on Industry moves to amend House Bill No. 273 as follows:
By striking from line 12 of page 3, line 19 of page 4, line 29 of page 5, line 1 of page 6, or wherever the same appears, the following:
", and the United States Department of Housing and Urban De velopment",
and by inserting in lieu thereof the following:
"and the Federal Housing Administration's Minimum Production Standards".

The following amendment to the Committee amendment was read and adopted:
Mr. Levitas of the 77th moves to amend the Committee amendment to HB 273 by changing the word "Production" to Property".

The Committee amendment, as amended, was adopted.

1626

JOURNAL OF THE HOUSE,

The following amendment was read:

Mr. King of the 86th moves to amend HB 273 as follows:
By adding a new paragraph at the end of subsection (a) of Section 3 to be designated paragraph (4) and to read as follows:
"(4) This Section shall not apply to factory-built housing which is inspected and approved by a local government agency hav ing an established building inspection bureau, department or agency and having adopted building code regulations which are reasonably consistent with standards established by the Building Officials Con ference of America, the International Conference of Building Of ficials, the Southern Building Code Congress, the National Fire Protection Association, and the Federal Housing Administration's Minimum Protection Standards. Factory-built housing, which has been inspected and approved by a local government agency at the place of, and during the time of, manufacture in accordance with the above stated established standards, may be certified by the local inspection agency for location within any local jurisdiction throughout the State of Georgia, provided that the local agency has submitted such standards to the Board and the Board has approved the same."
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, G. D. Adams, John Adams, Marvin Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Berry Black Blackshear Bowen Brantley, H. L. Bray Brown, C. Brown, S. P. Busbee Carter Chance Cheeks Clements Cole

Collins, M. Collins, S. Coney, J. L. Conger Connell Cook Davis, E. T. Dean, Gib Dean, N. Dent Dorminy Edwards Ezzard Felton Floyd, J. H. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Griffin Hadaway

Ham Harrington Harris Harrison Hawes Hays Hood Horton Hudson, C. M. Hudson, Ted Hutchinson Johnson Jordan King Knight Knowles Lane, Dick Lane, W. J. Lee, W. S. Logan Lowrey Mason Matthews, C.

Matthews, D. R. Maul din Maxwell Melton Merritt Milford Miller Morgan Moyer Mullinax Murphy Nunn Odom Patten

MONDAY, MARCH 1, 1971

1627

Pearce Peters Phillips, L. L. Pickard Pinkston Poole Rainey Reaves Roach Russell, A. B. Salem Shanahan Shepherd Sherman

Smith, V. T. Sorrells Strickland Sweat Thompson Toles Turner Vaughn Wheeler, Bobby Wheeler, J. A. Whitniire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bell Collier Colwell Coney, G. D. Davis, W. Dean, J. E. Evans Farrar

Granade Hamilton Isenberg Jones, J. R. Larsen, G. K. Leggett Le vitas Miles

Nessmith Noble Ross Russell, W. B. Scarborough Smith, H. R.

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Buck Burruss Carr Chandler Chappell Dailey Daugherty Dixon Drury Egan Floyd, L. R. Gary Greer Gunter

Hill, B. L. Hill, G. Housley Howard Howell Jessup Jones, Herb Keyton Lambert Larsen, W. W. Lee, W. J. (Bill) Lewis Longino Marcus McCracken McDaniell McDonald Moore Mulherin Northcutt Oxford

Patterson Phillips, G. S. Phillips, W. R. Potts Rush Russell, H. P. Savage Sims Smith, J. R. Snow Stephens Thomason Townsend T'riplett Tripp Wamble Ware Westlake Mr. Speaker

On the adoption of the amendment, the ayes were 111, nays 22.

The amendment was adopted.

1628

JOURNAL OF THE HOUSE,

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Howard Howell Hudson, C. M. Hudson, Ted Hutehinson Isenberg Jessup Johnson Jones, J. R. King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Lowrey Marcus Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan

Shepherd Sherman Sims Smith, H. R. Smith, J. R, Sorrells Strickland

MONDAY, MARCH 1, 1971

1629

Sweat Thompson Toles Townsend Tripp Turner Vaughn

Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson , Wood

Those not voting were Messrs.:

Alexander, W. M. Brantley, H. H. Buck Chandler Collier Dailey Egan Felton Geisinger Gunter Hill, B. L. Housley

Jones, Herb Jordan Key ton Knowles Lambert Lewis Longino Mason Matthews, D. R. McCracken McDonald Moore

Murphy Phillips, G. S. Russell, H. P. Salem Smith, V. T. Snow Stephens Thomason Triplett Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Levitas of the 77th moved that HB 273, as amended, be immediately transmitted to the Senate.
On the motion, the ayes were 89, nays 87.
The motion was lost.
HB 276. By Messrs. McDaniell of the 117th, Cook of the 95th, Battle of the 90th and Noble of the 73rd: A Bill to be entitled an Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, so as to change the definition of the practice of land surveying; and for other purposes.

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The following Committee substitute was read:

A BILL

To be entitled an Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, approved March 8, 1945 (Ga. Laws 1945, p. 294), as amended, particularly by an Act approved March 9, 1955 (Ga. Laws 1955, p. 611), an Act approved March 9, 1956 (Ga. Laws 1956, p. 679), and an Act approved March 25, 1958 (Ga. Laws 1958, p. 358), so as to change the definition of an "Engineer-in-Training"; to change the definition of the practice of land surveying; to provide qualifications for board mem bers; to provide qualifications for applicants; to change the provisions relative to affixing a seal; to provide for the buildings to be covered by this Act; to provide for temporary permits; to provide exceptions; to change the provisions relative to disciplinary procedures; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, approved March 8, 1945 (Ga. Laws 1945, p. 294), as amended, particularly by an Act approved March 9, 1955 (Ga. Laws 1955, p. 611), an Act approved March 9, 1956 (Ga. Laws 1956, p. 679), and an Act approved March 25, 1958 (Ga. Laws 1958, p. 358), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The term 'Professional Engineer' as used in this Act, shall mean a person who is qualified by reason of his knowledge of mathematics, the physical sciences, and the principles by which mechanical properties of matter are made useful to man in structures and machines, acquired by professional education and practical experience, to engage in the practice of engineering as hereinafter defined.

(b) The term 'Engineering' as used in this Act shall mean the practice of the art and science by which mechanical properties of matter are made useful to man in structures and machines, and shall include any professional service, such as consultation, investi gation, evaluation, planning, designing, or responsible supervision of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, pro cesses, works or projects, wherein the public welfare, or the safe guarding of life, health or property is concerned or involved, when such professional service requires the application of engineering principles and data and training in the application of mathematical and physical sciences. A person shall be construed to practice or offer to practice professional engineering, within the meaning of this Act, who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents or holds himself out as able or qualified to perform, or who does perform any of the services

MONDAY, MARCH 1, 1971

1631

hereinbefore set out. Nothing contained in this Act shall include the work ordinarily performed by persons who operate or maintain machinery or equipment.

(c) The term 'Engineer-in-Training' as used in this Act shall mean a person who:

(1) Is a graduate of an engineering curriculum of four years or more from a school or college approved by the Board as of satisfactory standing and who in addition, has successfully passed a written examination in the fundamental engineering subjects; or

(2) Has had eight years or more of experience in engineering work of a nature satisfactory to the Board, reduced by any equiva lent educational qualifications, and has successfully passed a written examination in the fundamental engineering subjects; and

(3) Who shall have received from the Board, as hereinafter defined, a certificate stating that he has successfully passed this portion of the examination as provided in Section 24 of this Act.

(d) The term 'Land Surveyor' as used in this Act shall mean a person who engages in the practice of land surveying as herein after defined.

(e) The practice of land surveying within the meaning and intent of this Act includes the application of mathematics and the principles, laws and techniques by which the facts of size, shape, topography, location or relocation, orientation, natural and manmade appurtenances are determined, monumented or remonumented, reported or plotted, including subdivisions, condominiums and sub surface measurements where engineering is not involved; and de scribing of property for use in legal instruments as it affects real property and property rights.

(f) The term 'Board' as used in this Act shall mean the State Board of Registration for Professional Engineers and Land Sur veyors, provided for by this Act."

Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows:

"Section 5. (a) A State Board of Registration for Profes sional Engineers and Land Surveyors, is hereby created whose duty it shall be to administer the provisions of this Act. The Board shall consist of four Professional Engineers and one Land Surveyor, who shall be appointed by the Governor from among nominees recom mended by the representative engineering or surveying societies in the State and shall have the qualifications required by Section 6 of this Act. The members of the State Board of Registration for Professional Engineers and Surveyors, now in office, shall con
stitute the first Board under this Act, and shall continue in office

1632

JOURNAL OF THE HOUSE,

for the remainder of their respective unexpired terms, and until their successors are appointed and qualified, as members of State Board of Registration for Professional Engineers and Land Sur veyors herein created.
(b) On the expiration of the term of any member, the Governor shall in the manner hereinbefore provided appoint for a term of five years a registered Professional Engineer or Land Surveyor,, subject to Section 5 (a) above, having the qualifications required by Section 6 of this Act, to take the place of the member whose term of said Board is about to expire. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been duly appointed and shall have qualified.

(c) Every member of the Board shall receive a certificate of his appointment from the Governor. Each member of the Board first appointed hereunder shall receive a certificate of registration under this Act from said Board."

Section 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as fol lows:
"Section 6. That each member of the Board shall be a citizen of the United States and a resident of this State, and shall have been engaged in the practice of engineering or land surveying for at least twelve years and shall have been in responsible charge of important engineering or land surveying work for at least five years. Responsible charge of engineering or land surveying teach ing may be construed as responsible charge of important engineer ing or land surveying work respectively."

Section 4. Said Act is further amended by inserting after the first sentence and before the second sentence of Section 11-A the following:

"In pursuing equitable remedies, it shall not be necessary that the Board allege or prove that it has no adequate remedy at law.",

so that when so amended Section 11-A shall read as follows:

"Section 11-A. The Board is authorized, empowered and di rected to bring suit in any court of competent jurisdiction to en force the provisions of this Act by petition for injunction or other appropriate legal or equitable remedy. In pursuing equitable remedies, it shall not be necessary that the Board allege or prove that it has no adequate remedy at law. It shall be the duty of the Department of Law to represent the Board in any such proceeding."

Section 5. Said Act is further amended by striking Section 16 in its entirety and inserting a new Section 16 to read as follows:

"Section 16. That a roster showing names and places of busi ness of all registered Professional Engineers and all registered

MONDAY, MARCH 1, 1971

1633

Land Surveyors shall be prepared by the Secretary of the Board during the month of January each year, commencing one year from the date this Act becomes effective. Copies of this roster shall be mailed to each person so registered upon request, and placed on file with the Secretary of State. A copy of this report shall be available to any person upon request."

Section 6. Said Act is further amended by striking Section 18 in its entirety and inserting in lieu thereof a new Section 18 to read as follows:

"Section 18. That the following shall be considered as mini mum evidence satisfactory to the Board that the applicant is qualified for registration as a Professional Engineer.

(a) Graduation in an approved engineering curriculum of four academic years or more from a school or college approved by the Board as of satisfactory standing and the successful passing of a written examination in the fundamental engineering subjects, unless the applicant has been issued an Engineer-in-Training certifi cate; and a specific record of an additional four years or more of experience in engineering work of a character satisfactory to the Board, and indicating that the applicant is competent to practice professional engineering. (In counting years of experience, the Board at its discretion may give credit not in excess of one year, for satisfactory graduate study in engineering), provided that in a case where evidence presented in the application does not appear to the Board conclusive nor warranting the issuing of a certificate of registration, the applicant may be required to present further evidence for the consideration of the Board, and shall also be re quired to pass a written examination in the principles and practice of engineering; or

(b) Successfully passing a written, or written and oral, examination designed to show knowledge and skill approximately that attained through graduation in an approved academic four years engineering curriculum and a specific record of eight years or more of experience in engineering work of a character satis factory to the Board and indicating that the applicant is competent to practice professional engineering; or

(c) A graduate of a four-year college curriculum in engineer ing or related science, with a specific record of at least twenty years of lawful practice in engineering work of which at least ten years have been in responsible charge of important engineering work, and of a grade and character which indicates to the Board that the applicant may be competent to practice engineering and who has passed a written examination in the principles and practice of engineering, and is otherwise qualified, shall be registered to practice engineering in this State."

Section 7. Said Act is further amended by striking Section 19 in its entirety and by inserting- in lieu thereof a new Section 19, to read as follows:

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"Section 19. That the following shall be considered as mini mum evidence to the Board that the applicant is qualified for regis tration as Land Surveyor.

(a) Graduation from a school or college approved by the Board as of satisfactory standing, including the completion of an ap proved course in surveying; and an additional two years or more of experience in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying; or

(b) Successfully passing a written, or written and oral, examination in surveying prescribed by the Board; and a specific record of six years or more of experience in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying.

Section 8. Said Act is further amended by striking Section 26 in its entirety and inserting in lieu thereof a new Section 26 to read as follows:

"Section 26. That each registrant hereunder shall, upon regis tration, obtain a seal of the design authorized by the Board, bear ing the registrant's name and the legend, 'Registered Professional Engineer' or 'Registered Land Surveyor'. Each seal shall also pro vide space for stating the registrant's certificate number. Plans, specifications, plats, and reports issued by a registrant shall be stamped with the said seal and countersigned by the registrant dur ing the life of the registrant's certificate; but it shall be unlawful for anyone to stamp or seal any document with said seal after the certificate of the registrant named thereon has expired, or has been revoked, or has been suspended unless said certificate shall have been renewed, or reissued. No plans, specifications, plats, or reports shall be stamped with the seal of a registrant unless such registrant has personally performed the engineering or land surveying work involved: provided, however, that when the registrant has not personally performed the engineering or land surveying work re flected in any plan, specification, plat or report, he may affix his seal thereto only after he has reviewed the work embodied in such plan, specification, plat, or report and has satisfied himself com pletely that such work is accurate. No registrant shall affix his seal to any plan, specification, plat, or report unless he has assumed the responsibility for the accuracy of the work involved. Any regis trant who has affixed his seal to any plan, specification, plat, or report prepared by another without having first reviewed the same, shall be deemed to have committed a fraudulent act of misconduct in the practice of Professional Engineering or Land Surveying."
Section 9. Said Act is further amended by striking Section 28 in its entirety and inserting in lieu thereof a new Section 28 to read as follows:
"Section 28. (a) Renewal of certificates of registration by Professional Engineers and Land Surveyors may be effected at any

MONDAY, MARCH 1, 1971

1635

time during the month of December for a period of one year by the payment of a fee of ten ($10.00) dollars. The failure on the part of any registrant to renew his certificate upon expiration in the month of December when notified, as required hereinbefore, shall not de prive such person of the right of renewal, but the fee to be paid for the renewal of-the certificate, if not paid by March 1, shall be the regular renewal fee plus an additional fee of ten ($10.00) dollars for each year the certificate is not renewed.

(b) Should a registered Professional Engineer or Land Sur veyor who has not engaged in the practice of his profession, fail and refuse to renew or validate his certificate for a period of five years, in order for such person to renew his certificate he shall file application therefor, and submit himself to such examination as may be determined by the Board and shall pay therefor the sum of twenty-five ($25.00) dollars in addition to the fees required in the preceding paragraph."
Section 10. Said Act is further amended by striking Section 29 in its entirety and inserting in lieu thereof a new Section 29 to read as follows:
"Section 29. A firm, corporation, co-partnership or an as sociation may engage in the practice of professional engineering or land surveying in this State, provided such practice is carried on under the direction of Professional Engineers or Land Surveyors respectively, who are principals, officers, or full time employees of said firm, corporation, co-partnership or association, and who are registered in this State.

A professional corporation which has elected to become subject to the Georgia Professional Corporation Act, may engage in the practice of professional engineering or land surveying in this State."
Section 11. Said Act is further amended by striking Section 30 in its entirety and inserting in lieu thereof a new Section 30 to read as follows:

"Section 30. That on or after the passage and approval of this Act, it shall be unlawful for this State or any of its political sub divisions such as a county, city, town, township or school district, or agencies thereof, or for any private or commercial entity, to engage in the construction of any work or structures involving professional engineering, which by the nature of their function or existence could adversely affect or jeopardize the health, safety or welfare of the public, unless the plans and specifications have been prepared under the direct supervision or review of, and bear the seal of, and the construction executed under the direct supervision of or review by, a registered Professional Engineer, or Architect; pro vided that nothing in this Section shall be held to apply to any construction including alterations of which the completed cost is less than fifty thousand ($50,000.00) dollars, or commodity ware
houses of which the completed cost is less than $100,000.00 (one

1636

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hundred thousand dollars) or to remodeling of buildings when there is no structural work involved and the total cost does not exceed $100,000.00 (one hundred thousand dollars), or to private resi dences, non-commercial farm buildings, or to residence buildings not exceeding two stories in height excluding basements."

Section 12. Said Act is further amended by striking subsection (a) of Section 32 in its entirety and inserting in lieu thereof a new subsec tion (a) to read as follows:

"Section 32. The following persons shall be exempt from the provisions of this Act, to-wit:

(a) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein the profession of engineering or land surveying, when such practice does not exceed in the aggregate more than 60 days in any calendar year, provided such person is legally qualified by registration to practice the said profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this Act, and provided further that such person receives from the Board a tempo rary permit, after application in writing and payment of a fee of fifty ($50.00) dollars for a definite period of time as determined by the Board but not to exceed one year to do a specific job; how ever, no right to practice engineering or land surveying shall accrue to such applicant with respect to any other works not set forth in said permit.",

and by adding after subsection (f) of Section 32 a new subsection, to be numbered subsection (g), to read as follows:

"(g) This Act shall not be construed to prevent or affect the practice of professional engineering and land surveying with respect to utility facilities by any public utility subject to regulation by the Georgia Public Service Commission, Federal Communications Com mission, Federal Power Commission, or like regulatory agencies, including its parents, affiliates, or subsidiaries; or by the officers and employees of any such public utility including its parents, affiliates, or subsidiaries; provided that this exception does not extend to any engineer or land surveyor engaged in the practice of professional engineering or land surveying whose compensation is based in whole or in part on a fee, or to any engineering services performed by the above referenced utility companies not directly connected with work on their facilities."

Section 13. Said Act is further amended by striking Section 34 in its entirety and inserting in lieu thereof a new Section 34 to read as follows:

"Section 34. The Board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found guilty of:

MONDAY, MARCH 1, 1971

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(a) The commission of any fraud or deceit in obtaining a certificate of registration.

(b) Any gross negligence, incompetence, or unprofessional conduct in the practice of professional engineering or land survey ing as a registered engineer or land surveyor.

(c) Affixing his seal to any plan, specification, plat or report except as provided in Section 26 of this Act.

(d) The conviction of any act which would constitute a felony or a crime involving moral turpitude in the State of Georgia.

(e) Any violation of the provisions of this Act or any rule or regulation promulgated by the Board pursuant to the powers con ferred on it by this Act.

'Unprofessional conduct', as referred to in subsection (b) herein for the purposes of this Section, shall be defined as a violation of those standards of ethics and professional conduct for Professional Engineers and Land Surveyors which have been adopted and promulgated hitherto by the Board pursuant to the power con ferred upon it to promulgate rules and regulations to effectuate the duties and powers conferred on it by this Act. Appeals from any decision of the Board shall be taken as appeals are taken under the Georgia Administrative Procedure Act."

Section 14. If any section of this Act, either pre-existing or hereby added or amended, or if any rule, regulation or order there under, or if the application of such provision to any person or circum stance shall be held invalid, the remainder of this Act and the applica tion of such provision of this Act or such rule, regulation or order to persons or circumstances, other than those as to which it is held in valid, shall not be affected thereby. Further, nothing herein shall be construed as prejudicing the existing rights of any person whomso ever.
Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:
Mr. Nunn of the 41st moves to amend the Committee substitute to HB 276 by striking on page 4, lines 16 and 17 the words "where engineering is not involved".
Mr. Noble of the 73rd moves to amend the Committee substitute to HB 276 by striking on page 12 beginning on line 28 (after $50,000.00), the rest of the section down to line 33 beginning with the words "or to private residences".

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Mr. Gunter of the 6th moves to amend the Committee substitute to HB 276 by striking the language on lines, 19, 20 and 21 of page 6 which reads as follows:

"In pursuing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law."

Mr. Isenberg of the 67th moves to amend the Committee substitute to HB 276 by adding on line 18, page 8 after the word "science" the word "or".

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter

Chandler Cheeks Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat

Grahl Granade Grantham Griffin Gunter Hadaway Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton Knowles Kreeger Lane, Dick

Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Maxwell McDaniell McDonald Melton Merritt Miles Moore Morgan Moyer Mulherin Nes smith

MONDAY, MARCH 1, 1971

Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.

Salem Savage Scarborough Shanahan Shepherd Sherman Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson
Toles Triplett Tripp Turner Vaughn Westlake Wheeler, J. A, Whitmire Wilson

1639

Those voting in the negative were Messrs.:

Chappell Dean, Gib Dixoii Ham Harrington

Knight Larsen, W. W. Lee, W. S. Mauldin Milford

Miller Mullinax Strickland Wheeler, Bobby Williams

Those not voting were Messrs.:

Blackshear Chance Clements Collins, M. Dailey Davis, E. T. Egan Ezzard Greer Hamilton

Jordan King Lambert Longino Mason McCracken Murphy Oxford Phillips, G. S.

Sims Smith, H. R. Stephens Sweat Townsend Wamble Ware Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 15.

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

Mr. Levitas of the 77th moved that HB 276, by substitute, as amended, be immediately transmitted to the Senate.

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 89, nays 47.

The motion was lost.

HB 430. By Messrs. Greer of the 95th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to change the provisions relative to the exercise of the power of eminent domain; to provide a certain option for owners of real property in an urban redevelopment area; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend House Bill 430 by striking in the caption the words:
"to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity for bids, to another public body or to a nonprofit association or corporation operated for the purpose of providing low and moderate income housing and related purposes or to a non profit association or corporation operated exclusively for educational, scientific, literary, cultural, charitable or religious purposes;",
and, by striking Section 3 and renumbering the remaining sections accordingly.

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, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bennett, J. T. Bennett, Tom Berry Black Blackshear

Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Cheeks

Clements Cole Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Dent Dixon Drury Egan

Evans Fraser Gaynor Gignilliat Grahl Greer Hadaway Hamilton Harris Harrison Hawes Hays Hood Horton Housley Hudson, C. M. Hutchinson Jessup Johnson Jones, Herb King Knight Knowles Lee, W. S.

MONDAY, MARCH 1, 1971

1641

Le vitas Marcus Maxwell McCracken McDaniell Melton Merritt Miles Miller Morgan Moyer Mulherin Mullinax Nessmith Nunn
Odom Oxford Patten Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole

Potts Rainey Reaves Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shepherd Sherman Smith, H. R. Smith, J. R.
Snow Sorrells Sweat Thompson Townsend Triplett Tripp Turner Ware Wilson

Those voting in the negative were Messrs.:

Bell Bohannon Chance Chappell Collier Collins, S. Davis, W. Dean, Gib Dean, J. E. Dorminy Floyd, L. R. Gary Geisinger Granade

Grantham Griffin Ham Harrington Howard Hudson, Ted Isenberg Jones, J. R. Kreeger Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Lewis

Lowrey Mason Matthews, D. R. Mauldin Noble Patterson Phillips, W. R. Strickland Toles Westlake Wheeler, Bobby Whitmire Williams

Those not voting were Messrs:

Adams, John Barfield Brantley, H. H.
Bray Burruss Chandler Collins, M. Colwell Conger Dailey Dean, N.

Edwards Ezzard Farrar Felton Floyd, J. H. Gunter Hill, B. L. Hill, G. Howell Jordan Keyton

Lambert Lane, Dick Larsen, G. K. Logan Longino Matthews, C. McDonald Milford Moore Murphy Northcutt

1642
Peters Roach Ross Rush Salem

JOURNAL OP THE HOUSE,

Shanahan Sims Smith, V. T. Stephens Thomason

Vaughn Wamble Wheeler, J. A. Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 106, nays 41.

The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Levitas of the 77th moved that HB 430, as amended, be immediately transmitted to the Senate.
On the motion, the ayes were 89, nays 47.
The motion was lost.
HB 741. By Mr. Miller of the 83rd: A Bill to be entitled an Act to provide for the Department of Labor a supplemental appropriation; and for other purposes.
The report 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 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 440. By Messrs. Snow of the 1st, Gunter of the 6th, McCracken of the 36th, Russell of the 77th and Lee of the 61st: A Bill to be entitled an Act to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the qualifications of persons eligible for appointment as assistant district attorneys in said circuits; and for other purposes.

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

MONDAY, MARCH 1, 1971

1643

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Cheeks Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar

Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harris Harrison Hawes Hays Hood Horton Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin

Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Roas Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat

1644
Thomason Thompson Toles Triplett Tripp

JOURNAL OF THE HOUSE,

Turner Ware Westlake Wheeler, Bobby Whitmire

Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Bell Blackshear Brantley, H. H. Buck Chandler Clements Dailey Dean, J. E. Drury Egan

Floyd, L, R. Harrington Hill, B. L. Hill, G. Howell Hudson, C. M. Johnson Jones, Herb Jordan Longino Matthews, D. R.

Murphy Patten Pinkston Sims Stephens Townsend Vaughn Wamble Wheeler, J. A Mr. Speaker

On the passage of the Bill, the ayes were 163, 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 adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 119. By Messrs. Buck of the 84th, Bostick of the 63rd, Bowen of the 47th and others:
A Bill to establish a State Commission on compensation to assist the General Assembly in setting the compensation of constitutional State officers and full time heads of State agencies, authorities, boards, bureaus, commissions, committees and departments whose compensa tion is set by Act of the General Assembly; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Smith of the 18th, Holley of 22nd, and Coggin of the 35th:

The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference thereon:

MONDAY, MARCH 1, 1971

1645

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to be entitled an Act to amend an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), so as to increase the excise tax on cigarettes; to impose an excise tax on cigarettes held or possessed by every dealer or distributor of cigarettes on the effective date on this Act; and for other purposes.

The following report of the Committee of Conference was read: Mr. President:
Mr. Speaker:
Your Conference Committee on House Bill 123 has met and submits the following report and recommendation:

That the House recede from its position and agree to the Senate amend ments to said Bill.
Respectfully submitted,
/a/ Steve Reynolds Senator, 48th District
/s/ Stanley Smith Senator, 18th District
/s/ Maylon London Senator, 50th District
/s/ George D. Busbee Representative, 61st District
/s/ Quimby Melton, Jr. Representative, 32nd District
/s/ Philip M. Chandler Representative, 34th District

Mr. Melton of the 32nd moved that the report of the Committee of Conference on HB 123 be adopted.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Bell Berry Bohannon Brown, C.

Brown, S. P. Burruss Busbee Carr Chandler Chappell Cheeks Clements

Cole Collier Colwell Coney, G. D. Connell Daugherty Davis, E. T. Dean, Gib

1646
Dean, J. E. Drury Edwards Egan Ezzard Farrar Fraser Geisinger Gignilliat Grahl Greer Griffin Gunter Hadaway Ham Hamilton Harrington Hays Hood Horton Howard Howell Isenberg Jones, J. R.

JOURNAL OF THE HOUSE,

King Knight Knowles Kreeger Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W S. Leggett Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Milford Miller Moore Mullinax Noble Northcutt Oxford

Patterson Pearce Peters Phillips, W. R. Pinkston
Rainey Roach Russell, W. B. Savage Shanahan Shepherd Smith, H. R. Smith, V. T. Snow Thomason
Toles Tripp Turner Ware Wheeler, Bobby Whitmire Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. M. Alien Atherton Battle Bennett, Tom Black Blackshear Bond Bostick Bowen
Brantley, H. H.
Brantley, H. L.
Brown, B. D.
Buck
Carter
Chance
Collins, M.
Collins, S.
Coney, J. L.
Cook
Davis, W.
Dean, N.
Dent
Dixon
Dorminy

Evans Felton Floyd, J. H. Floyd, L. R. Gaynor Granade Grantham Harris Harrison Hawes
Hill, B. L.
Housley Hudson, Ted
Hutchinson
Jones, Herb
Keyton
Lane, W. J.
Le vitas
Lewis
Logan
Marcus
Matthews, D. R.
McCracken
Miles
Morgan

Moyer Mulherin Murphy Nunn Odom Patten Phillips, G. S. Pickard Poole Potts
Reaves
Ross
Rush
Russell, H. P.
Salem
Scarborough
Sherman
Smith, J. R.
Sorrells
Stephens
Strickland
Sweat
Thompson
Triplett
Westlake

MONDAY, MARCH 1, 1971

1647

Those not voting were Messrs.:

Barfield Bennett, J. T. Bray
Conger Dailey Gary Hill, G. Hudson, C. M. Jessup

Johnson Jordan Lane, Dick Longino Lowrey Mason Nessmith Phillips, L. L.

Russell, A. B. Sims Townsend Vaughn Wamble Wheeler, J. A. Williams
Mr. Speaker

On the motion, the ayes were 95, nays 75.

The report of the Committee of Conference on HB 123 was rejected.

Messrs. Jessup of the 49th and Russell of the 14th stated that they had been called from the floor of the House when the roll was called on the motion to adopt the report of the Committee of Conference on HB 123, and wished to be recorded as voting "aye".

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.

1648

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 2, 1971

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

The following prayer was offered by Rev. Max Hill, Pastor, Lynmore United Methodist Church, Macon, Georgia:
Our Heavenly Father:
We are thankful for the heritage that has brought our nation and state to where they are today. May the combined knowledge, talent, wisdom, and ability of these men of state be so ordered as to reflect the inner power of a greater Being. Grant, O Lord, that these here today may perpetuate those Godly principles of brotherhood, honor, and in tegrity as were fostered and practiced by those who walked side by side in the yesterdays.
0 Father, empower the minds of these noble men of our state with wisdom, Godliness, and Christian ideals. Be with the weak to make them strong and with the strong to make them gentle. Grant that our station in life may not make us less sensitive to the needs of the less privileged. O Lord, be our guiding Shepherd as we walk among men in the everyday affairs of living.
Grant 0 Father that when we cannot see clearly nor understand the actions of others, we may try hard to be considerate, patient, and Chris tian in our judgments. May our prayer be that those in opposition may be lead into the discovery of human love and Christian respect--one for another.
When the daylight turns into darkness, and we are weak and ex hausted from the trials of the day, let us reach for the hand that never fails, the love that ever dwells, and the faith that ever glows. When we are worn threadbare and our patience thin, lift us up and fortify our souls so we can be strong and secure in Thy ways.
For it in Thy Holy Name we pray. Amen.

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

Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield

Battle Bell Bennett, J. T. Bennett, Tom Berry Black

Blackshear Bohannon Bostick Bowen Brantley, H. L. Bray

Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Coiling, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger
Gignilliat
Grahl
Grantham
Greer
Griffin
Gunter
Hadaway
Ham
Harrington
Harris
Harrison

TUESDAY, MARCH 2, 1971

164&

Hawes Hays Hill, G. Hood Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith

Noble Northcutt Nunn Oxford Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles
Triplett
Tripp
Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

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.

1650

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.

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, March 2, 1971, and submits the following:

HR

13. School Retirement System, Credit for Services.

HB

19. Criminals Trials, Accused Testify.

HB

20. Criminal Cases, State's Right to Appeal.

HB

42. Teacher Retirement, Credit for Service.

HB 111. G.B.I. Division of the Department of Law.

HB 140. Education, Local Units, Amount to Raise.

HB 196. Employees Retirement System, Interest.

HB 221. Motor Vehicles, License Suspended.

HB 265. Air Transportation Director, Qualifications.

HB 267. Capital Felonies, Plead Guilty.

HB 277. Accused Furnished List of Witnesses.

HB 345. Atlanta Judicial Circuit, Additional Judges.

HB 377. Uniform Commercial Code, Implied Warranty.

HB 382. Dumping of Trash, Hauling Across Boundaries.

HB 405. Education, School Bus Bodies.

HB 422. Juries, Judge Allowed to Disperse During Trial.

HB 424. Misdemeanor, Reduce Number of Jurors P. P.

TUESDAY, MARCH 2, 1971

1651

HR 144-425. Misdemeanor Cases, Jury.

HB 492. Public Utilities, Rates.

HB 496. Dentistry, Practice of.

HB 516. Judges Emeritus, Expense and Mileage.

HB 554. Public Contractors, Bonds.

HB 555. Obscene Materials, Distributing.

HB 560. Board of Corrections, Inmate Training.

HB 569. Fire Departments, Disputes.

HB 582. Medical Services, Blood, Tissues.

HB 595. Cities-Alcoholic Beverages Referendum.

HR 192-658. Convey Property, Baldwin County.

HB 698. Trust or Private Foundation, Net Income.

HB 734. Employment Security Law, Benefits P. P.

HB 764. Insurance, Property Value.

HB 765. Insurance Policies, Cancellation of.

HB 797. Tenants Holding Over, Summons.

HB 809. Public Assistance Act, Repayment of Sums.

HB 819. Agricultural Commodity, Surplus Pools.

SB

141. Grants, Students, Certain Schools.

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.

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

HB 884. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 885. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Leigslation.

HB 886. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Carroll County, so as to change the compensation of said commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 887. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Carroll County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 888. By Messrs. Hill of the 94th, Triplett of the 93rd, Gaynor of the 88th, Jones of the 87th, Blackshear of the 91st, Alien of the 92nd, Gignilliat of the 89th and Battle of the 90th:
A Bill to be entitled an Act to amend an Act providing for salaries for the Board of Aldermen of the City of Savannah, so as to amend said amendatory Act to change the salary of the Board of Aldermen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 889. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia in Toombs County, so as to establish the board of education of the City of Vidalia; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 890. By Messrs. Smith and Adams of the 29th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Lamar County, so as to change the compensation of the members of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, MARCH 2, 1971

1653

HB 891. 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; to provide their terms of office and qualifications; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 892. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Irwin County, known as the fee system; to provide in lieu thereof an annual salary; to define governing authority of Irwin County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 893. By Messrs. Griffin and Conger of the 68th:
A Bill to be entitled an Act creating a Small Claims Court in Decatur County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 276-893. By Messrs. McDaniell of the 117th, Vaughn of the 74th, and Dean of the 19th:
A Resolution creating the Corridor Loop Study Committee; and for other purposes.
Referred to the Committee on Rules.

HB 894. By Messrs. Davis, Floyd, Granade and Westlake of the 75th, Bell and Noble of the 73rd, Russell, Levitas and Thompson of the 77th, Dean of the 76th, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act pertaining to county road system so as to strike the population requirements and insert in lieu thereof the figure of 600,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 895. By Messrs. Davis, Floyd, Granade and Westlake of the 75th, Bell and Noble of the 73rd, Levitas, Russell and Thompson of the 77th, Vaughn of the 74th, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act creating the DeKalb County Recorder's Court, so as to delete from said Act, the provision that the Recorder's Court shall be held in the county seat and to provide in lieu

1654

JOURNAL OF THE HOUSE,

thereof that the Recorder's Court may be held at such place or places as may be designated by the Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 896. By Mr. Leggett of the 67th:
A Bill to be entitled an Act to amend Code Section 77-110, relating to duties of the Sheriff, so as to provide that sheriffs shall be authorized to take prisoners to secure municipal jails in their county when the county jail is in an unsafe condition; and for other purposes.
Referred to the Committee on Judiciary.

HB 897. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act authorizing the governing authority of certain counties to provide for building codes and other codes, so as to change the population and census figures; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 898. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Glynn County, so as to change the compensation of the members of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 899. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick, so as to change the terms of office of the commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 278-899. By Messrs. Leggett and Isenberg of the 67th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Glynn County to license and regu late businesses and persons 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 State Planning & Community Affairs--Local Legislation.

TUESDAY, MARCH 2, 1971

1655

HB 900. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Good Hope, in the County of Walton, so as to change the term of the mayor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 901. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 92-6402, relating to the payment of taxes to the county in which returns are made, so as to change certain of the population figures and census contained there in ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 902. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to the certain of law libraries in certain counties, so as to change certain of the popula tion figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 903. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act providing for emeritus of fices for retiring department heads in certain counties, so as to change certain of the population figures contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 904. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to the creation of a board of elections in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 905. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to certain fees of

1656

JOURNAL OF THE HOUSE,

certain clerks of superior courts, so as to change certain of the popula tion figures contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 906. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to the terms of office of the members of the board of tax assessors in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 907. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act fixing the salaries of ju venile court judges in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 908. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 21-10, relating to the election and qualifications of coroners, so as to change certain popula tion figures contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 909. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 23-1704, relating to the bonds of certain contractors in certain counties, so as to change cer tain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 910. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 91-804A, relating

TUESDAY, MARCH 2, 1971

1657

to the sale of public property, so as to change certain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 911. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend the Urban Redevelopment Law, so as to change certain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 912. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 21-105, relating to fees of coroners, so as to change certain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 913. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act providing for the creation of certain emeritus offices in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 914. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways of this State, so as to change certain of the popu lation figures and census contained therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 915. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide certain minimum standards prerequisite to the original incorporation of a municipality, so as to provide for new municipalities to be created

1658

JOURNAL OF THE HOUSE,

within 3 miles of existing municipalities under certain conditions; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 916. By Messrs. Bennett of the 71st, Lee of the 61st, Hudson of the 48th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 114-305, relating to the time of filing workmen's compensation claims, so as to provide a penalty to any employer who willfully fails to file a claim for compen sation with the Workmen's Compensation Board when an accident occurs which is or may be covered by workmen's compensation; and for other purposes.
Referred to the Committee on Judiciary.
HB 917. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to provide for a vote of the people in a cer tain designated area of the City of Jesup so as to allow such people to express their desire as to whether they wish to remain within the city limits of the City of Jesup or have the area affected removed from the city limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 918. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, so as to provide for the setting of salaries of the Sheriff, the Clerk of the Superior Court, and the Chief Deputy Clerk of the Superior Court within minimum-maximum limits; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 919. By Messrs. Coney of the 118th and Snow of the 1st:
A Bill to be entitled an Act to amend Code Chapter 26-99, relating to miscellaneous crimes, so as to provide that it shall be unlawful for any person to sell within this State any soft drink, malt beverage, or any other beverage intended for human consumption, when contained in glass bottles unless the bottles are required to be returned for deposit; and for other purposes.
Referred to the Committee on Judiciary.

TUESDAY, MARCH 2, 1971

1659

HB 920. By Messrs. Coney of the 118th, Howard of the 117th, Snow of the 1st, Lee of the 61st, Murphy of the 19th, Vaughn of the 74th and Lambert of the 25th:
A Bill to be entitled an Act to amend an Act prohibiting the sale or de livery of certain harmful materials to minors, so as to provide for additional definitions; to provide that it shall be unlawful to advertise X-rated motion pictures except in a certain manner; and for other purposes.
Referred to the Committee on Judiciary.

HB 921. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Hiltonia, in the County of Screven, so as to repeal the provisions relative to intoxicating beverages; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 922. By Messrs. Brown, Pinkston and Scarborough of the 81st, Coney of the 82nd, Miller of the 83rd, Hawes of the 95th and Thomason of the 77th;
A Bill to be entitled an Act to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that under certain circumstances an elector may cast his vote in any election district located within the county of his residence; and for other purposes.
Referred to the Committee on State of Republic.
HB 923. By Messrs. Lane of the 101st, Adams of the 100th, Ezzard of the 102nd, Stephens of the 103rd and others: 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 279-923. By Messrs. Cole, Turner and Smith of the 3rd: A Resolution proposing an amendment to the Constitution so as to au thorize the Board of Water, Light and Sinking Fund Commissioners of the City of Dalton to operate a system of telephonic communications and issue revenue bonds to finance such activities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Leigslation.

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JOURNAL OF THE HOUSE,

HB 924. By Messrs. Morgan of the 23rd, Thomason of the 77th, Harrison of the 58th, Hutchinson of the 61st, Sorrells of the 24th, Snow of the 1st, Vaughn of the 74th, Lee of the 61st, Lane of the 101st and others:
A Bill to be entitled an Act to amend the "Georgia Criminal Justice Act", so as to provide for an affidavit in support of proof of indigency; and for other purposes.
Referred to the Committee on Judiciary.

HB 925. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County upon an annual salary, so as to change the compensation of the sheriff and certain other personnel within the sheriff's office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 926. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Metter, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 927. By Messrs. Evans, Bennett, Brown, Pinkston and Scarborough of the 81st, Coney of the 82nd, and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb Country, so as to provide that said Board shall have the power and authority to contract for the education of exceptional children and to expend funds for such purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 928. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Southwestern Judicial Circuit, so as ta change the compensation of said official court reporter; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 929. By Messrs. Nessmith of the 44th, Russell of the 70th, Whitmire of thellth, Hudson of the 48th, Reaves of the 71st, Lane of the 44th, Williams.

TUESDAY, MARCH 2, 1971

1661

of the llth, Carr of the 35th, Matthews of the 63rd, Smith of the 43rd and many others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumer' Sales Tax Act", so as to exempt certain ma chinery and equipment from the provisions of said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HR 280-929. By Mr. Bray of the 31st: A Resolution compensating Rufus Carter O'Neal; and for other purposes.
Referred to the Committee on Appropriations.

HR 281-929. By Messrs. Geisinger of the 72nd, Smith of the 3rd, Lee of the 61st, Murphy of the 19th and Nunn of the 41st:
A Resolution creating the Bail Bond Study Committee; and for other purposes.
Referred to the Committee on Rules.

HB 930. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, so as to change the counties to which the 1969 amendatory Act applies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 931. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to set the scale of salaries for clerical em ployees of Rabun County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 932. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing for the use of voting machines in all elections in certain counties, so as to change the applicability of said Act to different counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OP THE HOUSE,

HB 933. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a charter for theCity of Newton, so as to change the date of election of the mayor and council of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 934. By Messrs. Westlake of the 75th, Atherton of the 117th, Alexander of the 108th, Bell of the 73rd, Ross of the 26th, Logan of the 16th, Max well of the 17th, Russell of the 14th, Sorrells of the 24th and Wheeler of the 18th:
A Bill to be entitled an Act to provide for the medical education and training of additional Georgia residents; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 282-934. By Messrs. Cook of the 95th, Lane of the 101st and Adams of the 100th: A Resolution authorizing and directing the Secretary of State to return a portrait of Mr. Francis Robert Goulding to Mr. Randolph Goulding; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 935. By Mr. Hadaway of the 27th: A Bill to be entitled an Act to provide that the members of the Board of Commissioners of Twiggs County shall reside within specified militia districts, but that each said member shall be elected by the qualified voters of Twiggs County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 936. 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 term of court for Habersham County; and for other purposes.
Referred to the Committee on Judiciary.
HB 937. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th: A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Environment Compact"; to enact said compact into law; and for other purposes.
Referred to the Committee on State of Republic.

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1663

HB 938. By Messrs. Hawes and Greer of the 95th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that the sale of distilled spirits of alcoholic beverages may take place on Sundays between the hours of 12:01 a.m. and 2:00 a.m.; to provide that said distilled spirits may be sold on election days be ginning one hour following the closing of the polls; and for other purposes.
Referred to the Committee on Temperance.

HR 283-938. By Messrs. Lee, Northcutt and Gary of the 21st:
A Resolution creating the Clayton Justice of the Peace Study Com mission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 284-938. By Mr. Gaynor of the 88th:
A Resolution authorizing the conveyance of quit claim deed of certain property in Chatham County, Georgia, title to which is claimed by the State of Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 939. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Butts County, so as to change the provisions relative to taking bids for purchases and sales; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 940. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to create the Butts County Water Authority and to authorize such Authority to acquire and maintain projects em bracing sources of water supply and distribution and sale of water and related facilities to individuals, private concerns, governmental agencies and municipalities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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

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JOURNAL OF THE HOUSE,

HB 849. By Mr. Lee of the 61st:
A Bill to be entitled an Act to create the Policy and Evaluation Com mittee for Electronic Data Processing; to provide for the membership of said Committee; and for other purposes.

HB 850. 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 provide that the term contractor shall be limited to persons contracting with respect to real property improvements; and for other purposes.

HR 272-850. By Messrs. Geisinger and Collins of the 72nd, Lane of the 101st, Savage of the 104th, Adams of the 100th, Floyd, Westlake and Davis of the 75th:
A Resolution calling a Constitutional Convention and providing for the procedure and other matters relative thereto; and for other purposes.

HB 851. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of said City; and for other purposes.

HB 852. By Mr. Salem of the 51st:
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 tax levied by said Act certain materials used directly in any agricultural farming, ranching, dairy, breeding or animal husbandry; and for other purposes.

HB 853. By Mr. Connell of the 79th: A Bill to be entitled an Act to provide additional compensation for cer tain employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.
HB 854. By Mr. Connell of the 79th: A Bill to be entitled an Act to authorize the coroners of certain counties to appoint assistants; to provide for the powers, duties and responsi bilities of such assistants; and for other purposes.
HB 855. By Mr. Connell of the 79th: A Bill to be entitled an Act to fix the compensation of certain officials in certain counties; and for other purposes.

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1665

HB 856. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide that in certain counties, the district attorney of the Judicial Circuit of such counties shall receive a supplement to the salary paid by the State; and for other purposes.

HB 857. By Messrs. Strickland of the 56th, Wheeler of the 57th, Matthews of the 63rd, Grantham of the 55th, Rush and Salem of the 51st, Farrar of the 77th, Matthews of the 16th, Collins of the 62nd, Wilson of the 117th and others:
A Bill to be entitled an Act to amend Code Chapter 56-32, relating to property insurance, so as to provide for the payment of 100% of the policy amount or the total fair market value of plants destroyed by hail or other cause under a policy of property or casualty insurance on to bacco; and for other purposes.

HB 858. By Mr. Harris of the 10th:
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 provide that the agents selling hunting, fishing and trapping licenses shall not receive for themselves more than 50<f for each license issued; and for other purposes.

HB 859. By Messrs. Triplett of 93rd, Alien of the 92nd, Blackshear of the 91st, Hill of the 94th, Gignilliat of the 89th, Battle of the 90th and Jones of the 87th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of said Town; and for other purposes.

HB 860. By Messrs. Melton and Brown of the 32nd: A Bill to be entitled an Act to amend an Act to reincorporate the City of Fayetteville in the County of Fayette, creating a new charter for said city, so as to provide for an alternative method for receiving and col lecting ad valorem taxes; and for other purposes.
HB 861. By Messrs. Larsen of the 42nd and Pinkston of the 81st: A Bill to be entitled an Act to amend Code Section 26-1705.9, relating to punishment and penalties for illegal use of credit cards, so as to change the punishment provisions of subsection (a) ; and for other purposes.
HB 862. By Messrs. Griffin and Conger of the 68th: A Bill to be entitled an Act to amend an Act placing the Sheriff of

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JOURNAL OF THE HOUSE,

Decatur County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the chief deputy and other deputies; and for other purposes.

HB 863. By Messrs. Thomason and Eussell of the 77th: A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing compensation of the elective county officials of DeKalb county, including the ordinary, the clerk of the superior court, the sheriff and the tax commissioner, so as to provide for changes relative to the computation of certain service; and for other purposes.
HB 864. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Taylor County; and for other purposes.
HB 865. By Messrs. Wilson, McDaniell, Howard, Kreeger, Atherton, Housley and Burruss of the 117th: A Bill to be entitled an Act to amend an Act creating the Cobb Ju dicial Circuit, so as to change the compensation for the investigator; and for other purposes.
HB 866. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards within; and for other purposes.

HB 867. By Messrs. Lee, Odom and Busbee of the 61st:
A Bill to be entitled an Act to amend the Act creating and establishing a new Charter for the City of Albany, so as to change the date for holding city general elections and to fix the date for holding city primary elections; and for other purposes.

HB 868. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to authorize the Recorder of the City of Albany to appoint counsel to represent indigent defendants on trial before the Recorder in all cases where the law requires the appointment of such counsel; and for other purposes.

HB 869. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to give the governing authority of Dougherty County the authority to district Dougherty County, so as to provide water and sanitary sewerage services in such districts; and for other purposes.

TUESDAY, MARCH 2, 1971

1667

HB 870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to provide for a joint Board of Registrars for Dougherty County and the City of Albany; and for other purposes.

HR 273-870. By Messrs. Smith of the 43rd and Chandler of the 34th:
A Resolution to authorize conveyance to the City of Chattanooga, of a tract of land together with the right and privilege, subject to that lease from the State of Georgia to Louisville and Nashville Railroad establishing a public road crossing over the right-of-way of the Western and Atlantic Railroad at and adjacent to said tract of land; and for other purposes.

HR 274-870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Resolution proposing an amendment to the Constitution so as to au thorize Dougherty County to levy an annual tax upon each motor vehicle licensed to operate in said County; and for other purposes.

HR 275-870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County; and for other purposes.

HB 871. By Mr. Carter of the 64th: A Bill to be entitled an Act to provide the compensation of the Lanier County Attorney; and for other purposes.
HB 872. By Mr. Carter of the 64th: A Bill to be entitled an Act to amend an Act placing the sheriff of Lanier County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 873. By Mr. Oxford of the 46th: A Bill to be entitled an Act to amend Code Section 24-1601 relating to fees for justices of the peace, so as to change the fees of the justice of the peace for issuing criminal warrants under the Uniform Act Regulating traffic on Highways; and for other purposes.

HB 874. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend Chapter 92-33 of the Code of Geor gia, relating to the payment and to the assessment and collection of in come taxes, so as to provide penalties for the failure to pay and the underpayment of income taxes; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 875. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend Chapter 92-32 of the Code of Georgia, relating to the preparation and filing of income tax returns and to the furnishing of information so as to provide a different penalty for the failure to file a timely return; and for other purposes.

HB 876. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend Chapter 92-33 of the Code of Georgia, relating to the payment and to the assessment and collection of income taxes, so as to provide a new and different manner of applying interest; and for other purposes.

HB 877. By Mr. Connell of the 79th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the district attorney of the Augusta Judicial Cir cuit, so as to change the compensation of the chief assistant district attorney; and for other purposes.
HB 878. By Mr. Connell of the 79th: A Bill to be entitled an Act to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Augusta Judicial Circuit from the funds of Richmond County, so as to increase the supplement; and for other purposes.
HB 879. By Mr. Thomason of the 77th: A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing salaries of the elective county officials of DeKalb County, so as to provide additional compensation for the sheriff and the tax commissioner; and for other purposes.

HB 880. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compensation of the Coroner; and for other purposes.

HB 881. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change

TUESDAY, MARCH 2, 1971

1669

the salary of the Tax Commissioner of Spalding County, which salary shall be paid in addition to the additional annual compensation of $150 for each four-year term or part thereof; and for other purposes.

HB 882. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers, so as to fix the salary of the Clerk of the Superior Court, and the salary of the sheriff of the State Court, and the salary of the Ordinary; and for other purposes.

HB 883. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Spalding County, so as to change the salary of the Chairman of the Board of Commissioners and the salary of each of the other commissioners, which salaries shall be in addition to the ex pense allowance provided for; and for other purposes.

SR 71. By Senator Brown of the 47th:
A Resolution authorizing the conveyance of certain real property located in Hart County; and for other purposes.

SB 158. By Senators Rowan of the 8th, Kidd of the 25th and Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 88-5, relating to the hospitalization of the mentally ill, so as to provide a limitation on the liability and length of service of guardians ad litem; and for other purposes.
SB 204. By Senators Zipperer of the 3rd, Riley of the 1st, Overby of the 49th and others:
A Bill to be entitled an Act to authorize the governing authority of any municipality or county to provide by ordinance for the removal and disposition of abandoned or junk automobiles which have been abandoned on public property or private residential property; and for other pur poses.
SB 246. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act prohibiting any person, firm or corporation from operating or conducting any motor vehicle race or exhibition unless a license shall be first obtained, so as to provide that no license shall be issued until the racetrack has complied with rules and regulations of the Safety Fire Commissioner; and for other purposes.

1670

JOURNAL OF THE HOUSE,

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 following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 484. Do Pass. Respectfully submitted, Pickard of the 84th, Chairman.

Mr. McCracken of the 36th District, Chairman of the Committee on Insur ance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance 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:
HB 763. Do Pass, by Substitute. HE 7-17. Do Pass, by Substitute.
Respectfully submitted, McCracken of the 36th, Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary 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 489. Do Pass, by Substitute. HB 827. Do Pass.
Respectfully submitted, Snow of the 1st, Chairman.

TUESDAY, MARCH 2, 1971

1671

Mr. Smith of the 39th District, Chairman of the Committee on Motor Vehicle,, submitted the following report:
Mr. Speaker:

Your Committee on Motor Vehicle 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:

SR 50. Do Pass.

SB 137. Do Pass. HB 821. Do Not Pass.

HB 761. Do Pass. HB 786. Do Pass.

SB 169. Do Pass.

Respectfully submitted,

Smith of the 39th,

Chairman.

Mr. Roach of the 10th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 678. Do Pass, by Substitute. HB 848. Do Pass, as Amended. SB 19. Do Pass. HB 116. Do Pass, by Substitute.
Respectfully submitted, Roach of the 10th, Chairman.

Mr. Chandler of the 34th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property 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 779. Do Pass.

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JOURNAL OF THE HOUSE,

SB 171. Do Pass. HR 273-870. Do Pass. HR 265-825. Do Pass. HR 183-623. Do Pass, by Substitute. HR 59-135. Do Pass, as Amended.
Respectfully submitted, Chandler of the 34th, Chairman.

Mr. Howell of the 60th District, 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 and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HB 721. Without Recommendation. HB 715. Do Pass, as Amended. HB 512. Do Pass, by Substitute. HR 270-842. Do Pass. HB 840. Do Pass.
Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs 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 recommenda tions :
SB 193. Do Pass, as Amended. HR 266-825. Do Pass, as Amended. HB 193. Do Pass, as Amended. HB 194. Do Pass, as Amended.

TUESDAY, MARCH 2, 1971

1673

HB 759. Do Pass.

HB 806. Do Pass.

HB 807. Do Pass.

HB 811. Do Pass.

HB 823. Do Pass.

HB 829. Do Pass.

HB 830. Do Pass.

HB 831. Do Pass.

HB 835. Do Pass.

HB 836. Do Pass.

HB 842. Do Pass.

HB 844. Do Pass.

HB 846. Do Pass.

HB 851. Do Pass.

HB 853. Do Pass, as Amended.

HB 854. Do Pass, as Amended.

HB 855. Do Pass, as Amended.

HB 856. Do Pass, as Amended.

HB 859. Do Pass.

HB 860. Do Pass.

HB 862. Do Pass.

HB 864. Do Pass.

HB 865. Do Pass. HB 866. Do Pass. HB 867. Do Pass. HB 868. Do Pass. HB 869. Do Pass. HB 870. Do Pass. HB 872. Do Pass. HB 880. Do Pass. HB 881. Do Pass. HB 882. Do Pass. HB 883. Do Pass.

Respectfully submitted,

Levitas of the 77th,

Chairman.

1674

JOURNAL OF THE HOUSE,

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 580. By Messrs. Ware, Mullinax and Knight of the 30th:
A Bill to amend an Act creating a new charter for the City of West Point, so as to increase the maximum penalties which may be prescribed for the violation of city ordinances; and for other purposes.

HB 592. By Mr. Peters of the 2nd:
A Bill to amend an Act placing the sheriff of Catoosa County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputies of the sheriff; and for other purposes.

HB 593. By Mr. Grahl of the 40th: A Bill to amend an Act creating a new charter for the City of Port Valley, so as to provide minimum and maximum salaries for the mayor and council; and for other purposes.
HB 596. By Mr. Phillips of the 38th: A Bill to amend an Act placing the clerk of the Superior court of Harris County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 597. By Mr. Phillips of the 38th: A Bill to amend an Act placing the sheriff of Harris County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 601. By Mr. Phillips of the 38th: A Bill to amend an Act placing the ordinary of Harris County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.
HB 603. By Messrs. Wood, Whitmire and Williams of the llth: A Bill to amend an Act amending the charter for the City of Gainesville, so as to change the compensation of the commissioners and the com pensation of the commissioner serving as mayor; and for other purposes.

TUESDAY, MARCH 2, 1971

1675

HB 604. By Messrs. Moore and Gunter of the 6th:
A Bill to amend an Act incorporating the City of Toccoa, so as to pro vide the right, power and authority to construct, repair, maintain, in stall, distribute sell and furnish water, water facilities, sewage service, and sewer facilities to customers, persons, firms and corporations lo cated outside the corporate limits; and for other purposes.

HB 605. By Messrs. Moore and Gunter of the 6th:
A Bill to amend an Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen and providing for a commission manager form of government for said City; and for other purposes.

HB 609. By Mr. Ross of the 26th:
A Bill to require the Chairman of the Board of Commissioners of Taliaferro County to obtain a surety bond; and for other purposes.

HB 611. By Mr. Floyd of the 7th:
A Bill to amend an Act creating the office of Commissioner of Chattooga County, so as to change the compensation of the Commissioner; and for other purposes.

HB 612. By Mr. Floyd of the 7th:
A Bill to amend an Act placing the Clerk of the Superior Court of Chattooga County on a salary basis, so as to change the compensation of said Clerk; and for other purposes.

HB 613. By Mr. Floyd of the 7th: A Bill to amend an Act placing the Ordinary of Chattooga County on a salary basis, so as to change the compensation of the Ordinary; and for other purposes.
HB 614. By Mr. Floyd of the 7th: A Bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to change the compensation of the Sheriff; and for other purposes.
HB 615. By Mr. Floyd of the 7th: A Bill to amend an Act creating the State Court of Chattooga, so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.

1676

JOURNAL OF THE HOUSE,

HB 617. By Mr. Ployd of the 7th:
A Bill to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the Tax Com missioner; and for other purposes.

HB 619. By Mr. Lewis of the 37th:
A Bill to amend an Act providing supplemental compensation for the ordinary of Burke County, so as to change the supplemental compen sation of the ordinary of Burke County; and for other purposes.

HB 642. By Messrs. Chappell and Larsen 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 sheriff; and for other purposes.

HB 643. By Messrs. Chappell and Larsen of the 42nd:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Johnson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 644. By Messrs. Chappell and Larsen of the 42nd:
A Bill to amend an Act creating a board of County Commissioners for Johnson County, so as to change the compensation of the chairman and each of the other members of said board; and for other purposes.

HB 646. By Messrs. Geisinger and Coiling of the 72nd, Westlake and Granade of the 75th and others: A Bill to amend an Act incorporating the City of Doraville, so as to provide for the filling of vacancies; and for other purposes.
HB 655. By Messrs. Roach and Poole of the 10th: A Bill to amend an Act reincorporating the town (now city) of Canton, so as to provide that the recorder's court shall have the authority to set fines up to $300 while sitting to try cases; and for other purposes.
HB 656. By Messrs. Roach and Poole of the 10th: A Bill to amend an Act creating the office of commissioner of Cherokee County, so as to change the provisions relating to the compensation of the clerk serving the office of the commissioner of Cherokee County; and for other purposes.

TUESDAY, MARCH 2, 1971

1677

HB 657. By Messrs. Roach and Poole of the 10th:
A Bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the provisions relating to the compensating of the deputies and clerical assistants of said officers; and for other purposes.

HB 258. By Mr. Levitas of the 77th:
A Bill to amend an Act creating a system of retirement and pension pay for employees of the City of Decatur, so as to provide that excess funds in the city employee retirement fund may be invested subject to the restrictions placed upon investments of domestic life insurance company; and for other purposes.

HB 259. By Mr. Levitas of the 77th:
A Bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur in the County of DeKalb so as to authorize the City of Decatur to close to public use a part of a certain park located within said City; and for other purposes.

HB 268. By Mr. Knowles of the 22nd:
A Bill to authorize the Board of Commissioners of Henry County to levy and collect a license tax from any person, firm or corporation ex cept those subject to regulation by the Georgia Public Service Commis sion who may maintain a place of business in any area outside the in corporated limits of municipalities; and for other purposes.

HB 319. By Messrs. Nunn and Moyer of the 41st:
A Bill to amend an Act creating a board of commissioners of Houston County, so as to provide that the fiscal year for Houston County shall commence on the 1st day of July each year and extend through the 30th day of June the following years, and for other purposes.

HB 332. By Mr. Grahl of the 40th:
A Bill to amend an Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, by changing the salary provisions therein; and for other purposes.

HB 333. By Mr. Grahl of the 40th:
A Bill to amend an Act placing the ordinary of Peach County upon an annual salary in lieu of the fee system of compensation, so as to delete the requirement that the ordinary serve as the clerk of the board of commissioners of Peach County; and for other purposes.

1678

JOURNAL OF THE HOUSE,

HB 334. By Mr. Grahl of the 40th:
A Bill to amend an Act creating a board of Commissioners for Peach County, so as to delete the requirement that the ordinary of Peach County shall be clerk of the board of commissioners; and for other purposes.

HB 340. By Mr. Russell of the 14th:
A Bill to amend an Act placing the sheriff of Oconee County on a salary basis, so as to change the salary of the sheriff; and for other purposes.

HB 383. By Mr. Lewis of the 37th:
A Bill to amend an Act placing the sheriff of Burke County upon an annual salary so as to change the compensation of the sheriff; and for other purposes.
HB 384. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to provide that it shall be unlawful to place political campaign posters, signs and advertisements within the right-of-way of any public street within Clayton County or on any public property or building in said county; and for other purposes.

HB 386. By Mr. Russell of the 14th:
A Bill to provide that the members of the Board of Education of the Barrow County School System shall be authorized to meet and exercise certain powers prior to their taking office; and for other purposes.

HB 401. By Messrs. Nunn and Moyer of the 41st:
A Bill to amend an Act incorporating the City of Centerville, so as to provide the procedures which govern the contest of elections and pri maries in said city; and for other purposes.

HB 499. By Messrs. Johnson and Phillips of the 29th:
A Bill to amend an Act placing the clerk of the Superior Court of Warrent County on a salary in lieu of a fee system of compensation, so as to change the compensation of the clerk of the superior court; and for other purposes.

HB 501. By Messrs. Johnson and Phillips of the 29th:
A Bill to amend an Act providing for the compensation of the ordinary of Warren County, so as to change the compensation of the ordinary;, and for other purposes.

TUESDAY, MARCH 2, 1971

1679

HB 502. By Messrs. Johnson and Phillips of the 29th:
A Bill to amend an Act creating a commissioner of roads and revenues of Warren County, so as to change the compensation of the commissioner of Warren County and the compensation of his clerk, and for other purposes.

HB 525. By Messrs. Farrar, Russell, Thomason and Levitas of the 77th:
A Bill to amend an Act creating the City of Avondale Estates, so as to authorize the amendment of city ordinances; and for other purposes.

HB 533. By Messrs. Murphy and Dean of the 19th:
A Bill to create the Haralson County Water Authority and to authorize such Authority to acquire and maintain self-liquidating projects em bracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corpora tions and municipal corporations; and for other purposes.

HB 623. By Messrs. Black and Edwards of the 45th: A Bill to amend an Act creating the office of Commissioner of Webster County so as to increase the salary of the clerk of the commissioner of Webster County; and for other purposes.
HB 626. By Messrs. Potts, Knight, Mullinax and Ware of the 30th: A Bill to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system, so as to change the provisions relating to the compensa tion for clerical help in the office of ordinary; and for other purposes.
HB 636. By Messrs. Chappell and Larsen of the 42nd: A Bill to consolidate the offices of tax collector of Johnson County into the office of tax commissioner of Johnson County; and for other pur poses.
HB 637. By Messrs. Chappell and Larsen of the 42nd: A Bill to abolish the present mode of compensating the Tax Collector of Johnson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 638. By Messrs. Chappell and Larsen of the 42nd: A Bill to abolish the present mode of compensating the Tax Receiver of Johnson County, known as the fee system; to provide in lieu thereof an annual salary and for other purposes.

1680

JOURNAL OF THE HOUSE,

HB 639. By Messrs. Chappell and Larsen of the 42nd:
A Bill to amend an Act establishing the State Court of Johnson County, so as to change the compensation of the judge and the solicitor of said court; and for other purposes.

HB 640. By Messrs. Chappell and Larsen of the 42nd:
A Bill to amend an Act placing the Ordinary of Johnson County on a salary basis, in lieu of the fee system of compensation, so as to change the compensation of the ordinary; and for other purposes.

HB 641. By Messrs. Chappell and Larsen of the 42nd:
A Bill to place the Ordinary of Laurens County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 534. 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 authorize the sheriff of Haralson County to appoint one addi tional deputy and jailer; and for other purposes.

HB 538. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to amend an Act placing the Sheriff, the Clerk of the Superior Court and the clerk of the City Court (now the State Court) and the ordinary of Hall County on an annual salary in lieu of the fee system of compensation, so as to change the compensation, of the said officers; and for other purposes.

HB 539. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to amend an Act consolidating the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 541. By Mr. Colwell of the 5th:
A Bill to amend an Act supplementing the compensation of the Ordinary of Lumpkin County, so as to change the provisions relative to said supplement; and for other purposes.

HB 550. By Mr. Knowles of the 22nd:
A Bill to amend an Act incorporating the City of Stockbridge as amended, so as to change the method of selecting the recorder; and for other purposes.

TUESDAY, MARCH 2, 1971

1681

HB 564. By Mr. Collins of the 62nd:
A Bill to amend an Act creating a new charter for the City of Camilla, so as to provide for a city manager for said city; and for other purposes.

HB 565. By Mr. Collins of the 62nd:
A Bill to amend an Act amending the charter of Pelham, so as to provide for a system of public schools, so as to provide for a new Board of Education for the public school system of the City of Pelham; and for other purposes.

HB 567. By Messrs. Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Battle of the 90th and others:
A Bill to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to change the salary provisions relating to the mayor and councilmen; and for other purposes.

HB 575. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputy sheriffs; and for other purposes.

HB 576. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary; so as to change the compen sation of the typist; and for other purposes.

HB 579. By Messrs. Ware, Mullinax and Knight 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.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 315. By Messrs. Nunn and Moyer of the 41st: A Bill to amend an Act placing the ordinary of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officer; and for other purposes.

1682

JOURNAL OF THE HOUSE,

HB 316. By Messrs. Nunn and Moyer of the 41st:
A Bill to amend an Act placing the sheriff of Houston County upon an annual salary, so as to change the certain dates relative to the sub mission and approval of budgets by said officer; and for other purposes.

HB 317. By Messrs. Nunn and Moyer of the 41st:
A Bill to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officers; and for other purposes.

HB 318. By Messrs. Nunn and Moyer of the 41st:
A Bill to amend an Act placing the tax commissioner of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officer; and for other purposes.

HB 500. By Messrs. Johnson and Phillips of the 29th:
A Bill to amend an Act placing the sheriff of Warren County on a salary in lieu of a fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.

HB 585. By Mr. Carter of the 64th:
A Bill to create a new board of education of Berrien County and to provide for the election thereof; 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 616. By Mr. Floyd of the 7th:
A Bill to amend an Act consolidating the laws chartering the City of Summerville in the County of Chattooga and granting a new charter therefor, so as to change the day for holding city elections; and for other purposes.

HB 622. By Messrs. Phillips and Johnson of the 29th:
A Bill to reincorporate the City of Harlem in the County of Columbia; to create a new charter for said city; and for other purposes.

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1683

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

HB 625. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to amend an Act establishing the City Court of Coweta County, so as to change the provisions relating to compensation for secretarial help in the office of the solicitor; and for other purposes.

HB 624. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to amend an Act creating a new charter for the City of Newnan in Coweta County, so as to abolish the Water, Sewerage and Light Commission; and for other purposes.

The Senate has agreed to the House amendment, as amended by the Senate, to the following Bill of the Senate, to-wit:

SB 111. By Senators Webb of the llth, Plunkett of the 30th and Dean of the 6th:
A Bill to authorize and direct any electric membership corporation under the laws of the State to redeem capital credits and pay the proceeds thereof to the surviving spouse or certain other family members, of any person who dies intestate owning capital credits in such electric member ship corporation; and for other purposes.

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

HR 77-212. By Mr. Chandler of the 34th:
A Resolution transferring control and jurisdiction over a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract of land or portions thereof to Baldwin County and the City of Milledgeville, and for other purposes.

HR 184-623. By Mr. Knowles of the 22nd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes; and for other purposes.

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JOURNAL OF THE HOUSE,

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

SB 15. By Senator Stephens of the 36th:
A Bill to amend the Act entitled "An Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to county employees . . .", so as to allow credit to Fulton County officers and em ployees for prior service . . .; and for other purposes.

SB 16. By Senator Stephens of the 36th:
A Bill to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions, so as to provide increased pensions and payments; and for other purposes.

SB 129. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to promote the orderly transfer of the executive power in con nection with the expiration of the term of office of a governor and the inauguration of a new governor; and for other purposes.

SB 177. By Senator Holley of the 22nd:
A Bill to revise, classify, consolidate, and supersede previous laws re lating thereto, providing for imposition of licenses, fees and taxes and the disposition thereof, and providing a new "Georgia Insurance Code", so as to provide that insurers may invest in obligations issued; and for other purposes.

SB 178. By Senator Holley of the 22nd:
A Bill to provide that trust funds may lawfully be invested by trustees in obligations issued, assumed or guaranteed by the Asian Development Bank; to repeal conflicting laws; and for other purposes.

SB 186. By Senator Kidd of the 25th:
A Bill to amend an Act entitled "An Act to prohibit the purchase of any passenger automobile by any department, institution, bureau or agency of this State"; to repeal conflicting laws; and for other purposes.

SB 200. By Senator Webb of the llth:
A Bill to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post-trial pro cedures in civil cases, as amended; and for other purposes.

TUESDAY, MARCH 2, 1971

1685

SB 205. By Senators Stephens of the 36th, Cleland of the 55th, Smith of the 34th, and Ballard of the 45th:
A Bill to amend an Act imposing a tax upon the sales, use or other dis position of cigars and cigarettes, as amended, so as to provide that the taxes imposed by this Act shall not be levied when purchased exclusively for the use by the patients at the Ga. War Veterans Nursing Home; and the Ga. War Veterans Nursing Home; and for other purposes.

SB 237. By Senator Starr of the 44th:
A Bill to amend an Act providing for the establishment of fire preven tion districts in Clayton County, as amended, so as to provide for a levy of taxes on property located within such districts; and for other pur poses.

SB 241. By Senator Fincher of the 51st:
A Bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, as amended, so as to change the compensation of the ordinary; and for other purposes.

SB 247. By Senator Coggin of the 35th:
A Bill to amend Code Section 113-1002, relating to a year's support, as amended, so as to provide that the taxes and liens for taxes which are divested by the setting apart of a year's support, shall include all taxes and liens for taxes accruing up to the date that the setting apart becomes final; and for other purposes.

SB 253. By Senator Kidd of the 25th:
A Bill to amend an Act creating and establishing a charter for the town of Ivey, as amended, so as to clarify and make more definite the existing town limits; to repeal conflicting laws; and for other purposes.

SB 256. By Senator Holloway of the 12th:
A Bill to repeal an Act entitled "An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operating as a rolling store"; to repeal conflicting laws; and for other purposes.

SB 257. By Senator Holloway of the 12th:
A Bill to amend Section 92-3216 of the Code of Georgia, relating to the preservation of income tax returns, so as to reduce the period of time during which the State Revenue Commissioner is required to preserve such returns; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 258. By Senator Holloway of the 12th:
A Bill 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 meanings such terms have in the U. S. Internal Revenue Code of 1954 in force and effect on Jan. 1, 1971; 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 64. By Senators Walling of the 42nd and Coverdell of the 56th: A Resolution relative to Georgia's cooperation in the establishment, protection, development, management and promotion of the Appalachian National Scenic Trail; and for other purposes.
SR 77. By Senator Holloway of the 12th: A Resolution to authorize the Department of Revenue to write off uncollected check balances covering sales and use taxes; and for other purposes.
SR 79. By Senators Hudgins of the 15th, Chapman of the 32nd and Henderson of the 33rd: A Resolution creating the Joint Highway Laws Study Committee; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 105. By Senators Smalley of the 28th, Stephens of the 36th, and Johnson of the 38th: A Bill to create Code Title 24A--The Juvenile Court Code of Georgia; to repeal conflicting laws; and for other purposes.
SB 147. By Senator London of the 50th: A Bill to prohibit the use of red electric lamps or lights which, when lighted display flashing or revolving light, upon any motor vehicle except upon law enforcement or firefighting vehicles, or ambulances; to repeal conflicting laws; and for other purposes.
SB 194. By Senators Pincher of the 54th and Smith of the 34th: A Bill to amend an Act prohibiting the sale of beer or wine at a place within one hundred yards of any school or schoolhouse in this State,

TUESDAY, MARCH 2, 1971

1687

so as to prohibit the sale of beer or wine at a place within a certain dis tance of any hospital or church in this State; to repeal conflicting laws; and for other purposes.

SB 199. By Senator Webb of the llth:
A Bill to amend Code Chapter 6-1, relating to cases in which appeals are allowed, as amended, so as to provide for procedures in connection with appeals to the Superior Courts; to provide for notices of appeal and the service thereof; and for other purposes.

SB 201. By Senator Webb of the llth:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial pro cedures, as amended, so as to comprehensively and exhaustively redefine, modernize and supersede the provisions relating to depositions and dis covery and the scope thereof; 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 102. By Senators Hudgins of the 15th, Jackson of the 16th: A Resolution expressing deepest regrets at the passing of Dr. Roy L. Gibson; and for other purposes.
SR 104. By Senators Stephens of the 36th, Kidd of 25th, Fincher of 51st, Ward of 39th, and others: A Resolution commemorating the Disabled American Veterans Fiftieth Anniversary; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 92. By Mr. Smith of the 43rd and others: A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropria tions heretofore or hereafter made for the operation of the agencies of the State provided for herein, and for other purposes.
The President has appointed on the part of the Senate the following Sen ators: Plunkett of the 30th, Coggin of the 35th and Holley of the 22nd.

1688

JOURNAL OP THE HOUSE,

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

HB 142. By Messrs. Connell and Dent of the 79th, Sherman and Smith of the 80th, Miles and Cheeks of the 78th:
A Bill to be entitled an Act to provide the procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of said courts; and for other purposes.

The following amendment was read and adopted:

Mr. Connell of the 79th moves to amend HB 142 as follows:
By striking the language which begins on line 12, which reads as follows:
"; who shall have at least 20 years of service as Judge of said Court; any prior service as Judge, Solicitor, or Assistant Solicitor of any Court of record in Richmond County,",
and by inserting in lieu thereof the following:
", who shall have at least 30 years of service, 10 years of which may be as an employee of the county, and 20 years of which may be as Judge of said Court, or as Judge, Solicitor, or Assistant Solicitor of any Court of record in Richmond County,".
By striking the figure "20" which appears in line 24 of page 1 and by inserting in lieu thereof the figure "30".

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

On the passage of the Bill, as amended, the ayes were 110, nays 0.

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

HB 193. By Messrs. Connell and Dent of the 79th, Sherman and Smith of the 80th, Miles and Cheeks of the 78th:
A Bill to be entitled an Act to provide the procedures whereby a judge

TUESDAY, MARCH 2, 1971

1689

of the Court of Ordinary of any county having a certain population shall be eligible to become a judge emeritus of such court; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 193 as follows:
By inserting after the word "and" which appears on line 15 the following:
"10 years in the employment of the county and".
By striking the figure "60" which appears on line 16 and by inserting in lieu thereof the figure "55".
By striking the word "sixty" which appears on line 22 of page 2 and by inserting in lieu thereof the word "fifty".
By striking the figure "60" which appears on line 23 of page 2 and by inserting in lieu thereof the figure "50".
By inserting at the end of Section 5 the following:
"Provided, however, if the said Judge shall choose to become Judge Emeritus at some point in time beyond his fifty-fifth birth day, he shall receive as compensation two percent more (of the total amount received while a regular Judge as computed on the twelve month period immediately prior to becoming Judge Emeritus) per year for each year beyond his fifty-fifth birthday up to age sixty. Provided, further, in the event the said Judge shall become in capacitated (mentally or physically) prior to reaching age fiftyfive, he shall be deemed to have reached his fifty-fifth birthday for the purposes of receiving the benefits provided by this Act.".

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

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 194. By Messrs. Connell and Dent of the 79th, Sherman and Smith of the 80th, Miles and Cheeks of the 78th: A Bill to be entitled an Act to provide the procedures whereby a judge

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JOURNAL OF THE HOUSE,

of the State Court of any county having a certain population, shall be eligible to become a judge emeritus of such court; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 194 as follows:
By striking from line 14 of page 1 the following: "who shall have at least 15",
and by inserting in lieu thereof the following: "who shall have reached age 60 and shall have at least 30".

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

On the passage of the Bill, as amended, the ayes were 110, nays 0.

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

SB 193. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County; so as to change the compensation of the Chairman, Vice-Chairman and members of said Board of Commis sioners; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 193 as follows:
By adding a new Section 2 to read as follows:
"Section 2. The effective date of this Act shall be the first day of the month following the signature of the Governor or it otherwise becomes law.";
and by renumbering Section 2 as Section 3.

TUESDAY, MARCH 2, 1971

1691

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

On the passage of the Bill, as amended, the ayes were 110, nays 0.

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

HB 759. By Messrs. Davis, Granade, Westlake, and Floyd of the 75th, Collins and Geisinger of the 72nd and many others:
A Bill to be entitled an Act to amend an Act requiring boards of educa tion of certain counties of this State to publish a summary of all receipts and expenditures of said boards, so as to require copies of audits of said boards of education to be available for public inspection; and for other purposes.

The report 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 806. By Messrs, Lane of the 101st, Savage of the 104th, Hawes and Felton of the 95th, Townsend of the 115th and Sims of the 106th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.

The report 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 807. By Messrs. Lane of the 101st, Hawes and Felton of the 95th, Townsend of the 115th and others:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, as amended; and for other purposes.

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

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 811. By Messrs. Brown and Pinkston of the 81st, Bennett of the 81st, Coney of the 82nd, Miller of the 83rd and Evans of the 81st:
A Bill to be entitled an Act to authorize holders of public funds and clerks of court of certain counties who have monies deposited in the registry of their court to turn over such funds to the county treasurer or to the person performing the duties of county treasurer for invest ment; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 823. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to create a new charter for the City of Mor row in Clayton 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.

HB 829. By Messrs. Atherton, Wilson, Burruss, Howard, McDaniell, Housley and Kreeger 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, as amended, so as to change the corporate limits of said city; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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1693

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

HB 830. By Messrs. Kreeger, McDaniell, Howard, Housley, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, as amended, so as to increase the limitation on the amount of bonds the Authority may have outstanding 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 ayes were 110, nays 0.

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

HB 831. By Messrs. Kreeger, Burruss, Atherton, Housley, McDaniell and Howard of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, as amended, so as to have the clerk of the City of Smyrna Civil Service Board appointed by the Mayor and Council; and for other purposes.

The report 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 835. By Messrs. Potts, Knight, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan, as amended, so as to change the compensation of the Mayor and members of the Board of Aldermen; and for other pur poses.

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

1694

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 836. By Messrs. Dean and Mason of the 13th: A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit, as amended, so as to create the office of assistant dis trict attorney; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 842. By Messrs. Howard, Housley, Kreeger, Burruss and Wilson of the 117th: A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to extend the jurisdiction of said Court in cer tain cases involving injuries to the person; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 844. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to create the Athens-Clarke County Charter Commission; to provide for a short title; and for other purposes.

The report 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, MARCH 2, 1971

1695

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

HB 846. By Messrs. Brown of the 110th, Bond of the lllth, Alexander of the 96th, Alexander of the 108th, Hood of the 99th, Savage of the 104th and many others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 266-825. By Messrs. Poole, Harris and Roach of the 10th:
A RESOLUTION
Proposing a constitutional amendment so as to provide that residents of the City of Jasper who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; 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, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Jasper who is sixtytwo years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $4,000.00 per annum, and each resident of the City of Jasper who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceed ing $4,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Jasper as long as any such resident of the City of Jasper actually occupies said homestead as his residence. Provided, however, under this pro vision, there shall be no more than one (1) $2,000.00 exemption per

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JOURNAL OF THE HOUSE,

homestead. The value of the homestead in excess of the above ex empted amount shall remain subject to ad valorem taxation by the City of Jasper. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the gov erning authority of the City of Jasper, or with a person designated by the governing authority of the City of Jasper, giving his age and the amount of income which he receives and the income which mem bers of his family living in his home receive, and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Jasper, or the per son designated by the governing authority of the City of Jasper, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Jasper, or the person designated by the said governing authority, shall pro vide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

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 residents of the City of Jasper who are 62 years of age
NO ( ) or over, or who are totally disabled, and who have an income from all sources, including the income of cer tain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City?"
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 following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HR 266-825 as follows:
By adding after the words "Section 1. Article VII," on line 11, page 1 the following:
"Section 1,".

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1697

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dent Dixon Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl
Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson, C. M. Hudson, Ted
Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King

Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Noble Northcutt Nunn Odom Oxford Patterson Patten Peters
Phillips, L. L. Phillips, W. R.. Pickard Pinkston Poole Potts Rainey Reaves

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Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman

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Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Thomason Toles Townsend Triplett

Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Adams, Marvin
Berry Buck Chappell Colwell Dailey Dorminy Gunter Howard

Lane, W. J.
Longino McCracken McDaniell Moore Murphy Nessmith Pearce Phillips, G. S.

Russell, W. B.
Snow Sorrells Thompson Wamble Wilson Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 170, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
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 132. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to amend Code Chapter 32-19, relating to physical education and training so as to authorize the Ga. State Board of Education to pre scribe a course of study in health and physical education in public schools and to establish standards for its administration; 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:

TUESDAY, MARCH 2, 1971

1699

SB 15. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend the Act entitled "An Act authoriz ing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to county employees . . .", so as to allow credit to Pulton County officers and employees for prior service; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 16. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions, so as to pro vide increased pensions and payments; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 105. By Senators Smalley of the 28th, Stephens of the 36th and Johnson of the 38th: A Bill to be entitled an Act to create Code Title 24A--The Juvenile Court Code of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
SB 129. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a governor and the inauguration of a new governor; and for other purposes.
Referred to the Committee on State of Republic.
SB 132. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th: A Bill to be entitled an Act to amend Code Chapter 32-19, relating to physical education and training, so as to authorize the Georgia State Board of Education to prescribe a course of study in health and physical education in public schools and to establish standards for its admini stration; and for other purposes.
Referred to the Committee on Education.
SB 147. By Senator London of the 50th:
A Bill to be entitled an Act to prohibit the use of red electric lamps or lights which, when lighted display flashing or revolving light, upon any

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motor vehicle except upon law enforcement or firefighting vehicles, or ambulances; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 177. By Senator Holley of the 22nd:
A Bill to be entitled an Act to revise, classify, consolidate, and super sede previous laws relating thereto, providing for imposition of licenses, fees and taxes and the disposition thereof, and providing a new "Geor gia Insurance Code", so as to provide that insurers may invest in obliga tions issued; and for other purposes.
Referred to the Committee on Insurance.

SB 178. By Senator Holley of the 22nd: A Bill to be entitled an Act to provide that trust funds may lawfully be invested by trustees in obligations issued, assumed or guaranteed by the Asian Development Bank; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 186. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act entitled "An Act to pro hibit the purchase of any passenger automobile by any department, in stitutions, bureau or agency of this State"; and for other purposes.
Referred to the Committee on State Institutions and Property,
SB 194. By Senators Fincher of the 54th and Smith of the 34th: A Bill to be entitled an Act to amend an Act prohibiting the sale of beer or wine at a place within one hundred yards of any school or school house in this State, so as to prohibit the sale of beer or wine at a place within a certain distance of any hospital or church in this State; and for other purposes.
Referred to the Committee on Temperance.
SB 199. By Senator Webb of the llth: A Bill to be entitled an Act to amend Code Chapter 6-1, relating to cases in which appeals are allowed, so as to provide for procedures in con nection with appeals to the Superior Courts; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 200. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and cer-

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tain post-trial procedures in civil cases, so as to change the provisions re lating to service of notice by publication; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 201. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and cer tain post-trial procedures, so as to comprehensively and exhaustively re define, modernize and supersede the provisions and discovery and the scope thereof; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 237. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act providing for the establish ment of fire prevention districts in Clayton County, so as to provide for a levy of taxes on property located within such districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 205. By Senators Stephens of the 36th, Cleland of the 55th, Smith of the 34th and Ballard of the 45th:
A Bill to amend an Act imposing a tax upon the sale, use or other dis position of cigars and cigarettes, so as to provide that the taxes imposed by this Act shall not be levied when purchased exclusively for the use by the patients at the Georgia War Veterans' Home and the Georgia War Veterans' Nursing Home; and for other purposes.
Referred to the Committee on Ways and Means.

SB 241. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 247. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Section 113-1002, relating to a year's support, so as to provide that the taxes and liens for taxes which are divested by the setting apart of a year's support, shall in clude all taxes and liens for taxes accruing up to the date that the setting apart becomes final; and for other purposes.
Referred to the Committee on Judiciary.

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SB 253. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the Town of Ivey, so as to clarify and make more definite the existing town limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 256. By Senator Holloway of the 12th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operating as a rolling store"; and for other purposes.
Referred to the Committee on Ways and Means.

SB 257. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Section 92-3216 of the Code of Georgia, relating to the preservation of income tax returns, so as to re duce the period of time during which the State Revenue Commissioner is required to preserve such returns; and for other purposes.
Referred to the Committee on Ways and Means.

SB 258. By Senator Holloway of the 12th:
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 come, so as to conform their meaning to the meanings such terms have in the U. S. Internal Revenue Code of 1954 in force and effect on Janu ary 1, 1971; and for other purposes.
Referred to the Committee on Ways and Means.

SR 64. By Senators Walling of the 42nd and Coverdell of the 56th:
A Resolution relative to Georgia's cooperation in the establishment, pro tection, development, management and promotion of the Appalachian Na tional Science Trail; and for other purposes.
Referred to the Committee on Natural Resources.

SR 77. By Senator Holloway of the 12th:
A Resolution to authorize the Department of Revenue to write off uncollected check balances covering sales and use taxes; and for other purposes.
Referred to the Committee on Ways and Means.

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1703

SR 79. By Senators Hudgins of the 15th, Chapman of the 32nd and Henderson of the 33rd:
A Resolution creating the Joint Highway Laws Study Committee; and for other purposes.
Referred to the Committee on Rules.

Mr. Geisinger of the 72nd moved that the House reconsider its action in fail ing to give the requisite two-thirds constitutional majority to the following Resolution of the House:

HR 196-665. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Horton of the 95th, Davis of the 75th, Brown of the 110th and many others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the sale of liquors on election days; 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, G. D. Adams, John Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Bohannon Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Cheeks Cole Collier Collins, S.

Conger Connell
Cook Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Gary Gaynor Geisinger Gignilliat Grahl Grantham Griffin Hamilton Harrison Hawes Hill, B. L. Hood

Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg King Knowles Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Maxwell Melton Merritt Miles Miller Morgan Moyer Mulherin Mullinax Noble

1704
Northcutt Nunn Odom Patterson Pearce Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole

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Potts Ross Russell, A. B. Russell, W. B. Scarborough Shanahan Shepherd Sherman Sims Smith, H. R.

Stephens Strickland Sweat Thomason Thompson Toles Townsend Vaughn Ware Wheeler, Bobby

Those voting in the negative were Messrs.:

Adams, Marvin Alexander, W. H. Clements Coney, J. L. Floyd, J. H. Fraser
Hadaway Ham Harris Hays Hill, G.

Hudson, C. M. Jordan
Keyton Lane, W. J. Matthews, D. R. Mauldin Milford Moore Nessmith Patten Peters

Those not voting were Messrs.:

Alien Battle Black Blackshear Bond Brantley, H. L. Chandler Chappell Collins, M. Colwell Coney, G. D. Dailey Daugherty Dean, J. E. Farrar Floyd, L. R.
Granade

Greer Gunter Harrington Jessup Johnson Jones, Herb Jones, J. R. Knight Lane, Dick Larsen, W. W. Leggett Lewis Logan Longino Mason Matthews, C. McCracken

Rainey Roach Rush Salem Smith, V. T. Tripp Turner Whitmire Williams Wood
McDaniell McDonald Murphy Oxford Phillips, G. S. Reaves Russell, H. P. Savage Smith, J. R. Snow Sorrells Triplett Wamble Westlake Wheeler, J. A. Wilson Mr. Speaker

On the motion, the ayes were 111, nays 33.

The motion prevailed and the House reconsidered its action in failing to give the requisite two-thirds constitutional majority to HR 196-665.

The following Resolutions of the House were read and adopted:

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1705

HR 285. By Mr. Conger of the 68th:

A RESOLUTION

Extending congratulations to the Honorable Tom Buck; and for other purposes.

WHEREAS, the month of March is known for Shamrocks, wind and certain famous birthdays; and

WHEREAS, one of its famous birth dates belongs to Honorable Tom Buck, distinguished and erudite colleague from Muscogee County; and

WHEREAS, as chairman of the Retirement Committee, he has demonstrated outstanding leadership ability in considering major legis lation coming before him; and

WHEREAS, the urbane Mr. Buck is not only a highly respected member of this body, but also one of its most popular members.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby extend their heartiest congratulations to Honorable Tom Buck on the occasion on his thirty-third birthday.

IT IS 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 Tom Buck.

HR 286. By Mr. Conger of the 68th:

A RESOLUTION

Congratulating Honorable John H. "Jack" Sherman, Jr.; and for other purposes.

WHEREAS, when the March wind begins to blow we are reminded of the birth date of one of our famous colleagues; and

WHEREAS, it is the desire of this Body on this auspicious date to express to Honorable Jack Sherman its heartiest congratulations on this his forty-third birthday; and
WHEREAS, his legislative experience and keen understanding of governmental problems has made him one of the most influential mem bers of the Reapportionment Committee, Insurance Committee and the Committee to secure legislators tickets to the 1971 Master's Golf Tourna ment; and
WHEREAS, his usual polish, astuteness and aplomb have made him one of the most respected and able members of this Body; and

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WHEREAS, Jack, as he is called by his multitude of friends, is one of the best liked persons in State Government and is held in fond affection by every member of this Body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend its heartiest congratulations to the distinguished and able Representative from the 80th District, the Honorable Jack Sherman.

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 Jack Sherman.

HR 287. By Messrs. Vaughn of the 74th, Collins of the 62nd, Hudson of the 48th, Keyton of the 70th and many others:
A RESOLUTION
Urging the United States Department of Agriculture to take certain steps relative to the exportation and importation of cattle; and for other purposes.
WHEREAS, the cattle industry represents a very important sector in the overall agricultural economy of the United States; and
WHEREAS, cattlemen in Georgia and the Southeast are in the forefront in applying modern science and technology in producing su perior cattle; and
WHEREAS, Georgia stands very high in the production of beef cattle which has been accomplished through the use of superior herd sires developed through years of scientific breeding; and
WHEREAS, almost no cattle are exported from the United States because of arbitrary import restrictions of foreign countries; and
WHEREAS, the United States Department of Agriculture has failed to exert the necessary influence to bring about the modification or removal of said arbitrary import restrictions; and
WHEREAS, several foreign countries, particularly Australia and New Zealand, export large quantities of beef to the United States while refusing to accept the importation of breeding stock from this country; and
WHEREAS, the officials of these countries should understand that United States cattlemen are not willing to continue to accept foreign meat shipments into this country while being unable to export breeding cattle to those countries; and
WHEREAS, the United States Department of Agriculture should insist upon reciprocity with countries exporting beef to this country; and

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1707

WHEREAS, having reached a high degree of excellence in breeding superior cattle, the Georgia cattle industry wishes to share this superior ity with other countries by exporting breeding stock thereto.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the United States Department of Ag riculture is hereby urged to take the necessary steps to obtain recipro city agreements with those countries exporting beef to the United States, and in connection therewith, that import quotas on breeding cattle from such countries be substantially reduced or suspended until such time as such agreements are obtained.

BE IT FURTHER RESOLVED that the United States Department of Agriculture take immediate steps to establish an export station in cluding all facilities required or desirable in connection therewith.

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 Richard M. Nixon, Presi dent of the United States; Honorable Clifford Hardin, United States Secretary of Agriculture; Honorable Phil Campbell, Undersecretary of Agriculture; and to each member of the Georgia delegation to the United States Congress.

The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 622. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to reincorporate the City of Harlem in the County of Columbia; and for other purposes.
The following Senate Substitute was read:
A BILL
To be entitled an Act to reincorporate the City of Harlem in the County of Columbia; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, by-laws, rules and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a Recorder's Court; to provide for the appointment of the Recorder; to provide for the qualifi-

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cations and compensation of the Recorder; to provide for the jurisdiction of the Recorder's Court; to provide for appeals from the Recorder's Court; to provide for the payment of court costs; to provide for rules for the Recorder's Court; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

ARTICLE I
CHARTER, CITY LIMITS AND CORPORATE POWERS
Section 1.01. This act shall constitute the whole charter of the City of Harlem, State of Georgia, repealing and replacing the Charter as provided by Georgia Laws of 1870, p. 194; Georgia Laws 1876, p. 166; Georgia Laws 1890-1, p. 624; Georgia Laws 1906, p. 797; Georgia Laws 1913, p. 869; Georgia Laws 1935, p. 1085; Georgia Laws 1943, p. 1416; Georgia Laws 1950, p. 2502; Georgia Laws 1951, p. 2737; and Georgia Laws 1953, p. 2176 as amended. The City of Harlem, Georgia in the County of Columbia, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Harlem, Geor gia, and by that name shall have perpetual succession, may contract and contract with, may sue and be used, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.

Section 1.02. City Boundaries. Be it further enacted, that the boundaries of the City of Harlem shall be as described: A point situate and being 106 feet southerly from the Centerline of West Milledgeville Road and 60 feet westerly from the Centerline of South Louisville Street shall be the center of the City of Harlem and the corporate limits of the City of Harlem shall exist threefourths of a mile in every direction from the said center.
Section 1.03. Corporate Powers. Be it further enacted, that the corporate powers of the city, to be exercised by the City Council may include the following:
(a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to tax ation.
(b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions.
(c) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditures of money for any municipal purpose, or for matters of National or State interest, and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this Charter or the general laws of the State. Such bonding authority

TUESDAY, MARCH 2, 1971

1709

shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is under taken.

(d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the City.

(e) To condemn property, inside or outside the City, for present or future use, and for any corporate purpose deemed necessary by the City Council, under Section 36-202 of the Code of Georgia 1933, or under other applicable public acts.

(f) To acquire, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, an electrical power system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary services rendered, said City may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes.

(g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty years. The Council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission.

(h) To provide for the acquisition, construction, building, op eration and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, housing, public buildings, li braries, sewers, drains, sewerage treatment, airports, hospitals, and
charitable, education, recreation, conservation, sport, curative, cor rective, detentional, penal and medical institutions, agencies and facilities; and other public improvements, inside or outside the City; and to regulate the use thereof, and for such purposes, prop erty may be acquired by the condemnation under Section 36-202 of the Code of Georgia 1933, or other applicable public acts.

(i) To prescribe standards of health and sanitation and to pro vide for the enforcement of such standards.

(j) To provide for the collection and disposal of garbage, rub bish and refuse. Charges or fees and reasonable deposits, may be imposed to cover the costs of such services, which if unpaid, shall constitute a debt which shall be subject to a lien against any prop erty of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. Property of persons served shall not include the owner of

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real property if said debt were incurred by a tenant who was re sponsible for the paying of said charge or fee.

(k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience or general welfare of inhabitants of the City.

(1) To define a nuisance in the City and to provide for its abatement. The Recorder of the City shall have jurisdiction of all
nuisance abatement proceedings in the City. The City may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the City, to be adjudged a nuisance and for its abatement at the
owner's expense upon his failure or refusal to abate the same with in ten days after written notice from the City to do so.

(m) To provide that persons given jail sentences in the Recorder's Court shall work out such sentence in any public works or on the public streets of the City as provided by ordinance; or the Council may provide for the commitment of city prisoners to any county work camps, or jail, by agreement with the appropriate county officers.

(n) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same in violation of any ordinance or lawful orders; also, to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for vio lation of ordinances enacted hereunder.

(o) To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles.

(p) To levy and provide for the collection of special assess ments to cover the costs for any public improvements.

(q) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the Council in such ordinance, rule, regulation, or order but not exceeding the limitations prescribed by this Charter.

(r) To exercise and enjoy all other powers, functions, rights,, privileges and immunities necessary, or desirable to promote or pro tect the safety, health, peace, security, good order, comfort, con venience, morals, and general welfare of the City and its inhabi tants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other

TUESDAY, MARCH 2, 1971

1711

municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addi tion to such powers unless expressly prohibited to cities under the Constitution or applicable public acts of the State.

(s) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the City, and also to levy taxes and to make pay ment from the general revenues and funds of the City for the support of public hospitals and libraries.

(t) To regulate and control public streets, public alleys and ways; and in the discretion of the Council by ordinance to alter, open or close public streets and public alleys and ways without notification.

(u) To exercise the power of arrest through duly appointed policemen.

Section 1.04. Ordinances. Be it further enacted, that all ordi nances, by-laws, rules and regulations, now in force in said City, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the Council of said City.
Section 1.05. Definition. Be it further enacted, that the word "he" shall be construed to include the word "she" and that the City of Harlem shall never in any way discriminate because of sex.

ARTICLE II
CITY GOVERNMENT
Section 2.01. Establishment of City Government. Be it further enacted, that the corporate governmental powers of the City of Harlem shall be vested in a City Council to be composed of a Mayor and four Councilmen. The Mayor and Councilmen shall be elected at large by the qualified voters of the City and shall exercise their powers in such manner as prescribed by this Charter, the Con stitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Harlem.
Section 2.02. Qualifications for Mayor and Councilmen. Be it further enacted, that to be eligible for the office of Mayor or Councilman, elected or appointed, a person must be at least twentyone (21) years of age, must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by state law, must be a registered voter in the City of Harlem, and must be a bona fide resident of the City of Harlem for at least one year next preceding the election in which he offers as a candidate.

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Section 2.03. Election of Mayor and Councilmen. Be it further enacted, that those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law.

On the second Monday in December 1971, and on said date ev ery two years thereafter, a general election shall be held for Mayor and the two Councilmen whose terms of office are expiring. The candidate for Mayor who receives the highest number of votes cast in said election and the two candidates for Councilmen who receive the highest number of votes cast in said election shall be elected for terms of office of two years each and until their successors are duly elected and qualified.

On the second Monday in December 1972, and on said date every two years thereafter, a general election shall be held for the two councilmen whose terms of office are expiring. The two candidates for councilmen in said election who receive the highest number of votes shall be elected for terms of office of two years each and until their successors are duly elected and qualified.
Section 2.04. Terms of Office. Be it further enacted, that the terms of office for Mayor and Councilmen shall begin on the first Monday in January next succeeding the election and shall continue for two years and until their successors are elected and qualified. On said Monday of each year there shall be a ceremony at which the newly elected officials shall take the prescribed oath of office.

Section 2.05. City Council. Be it further enacted, that the gov erning body of said City shall be composed of a Mayor and four Councilmen, in which is vested all corporate, legislative, and other powers of the City, except as otherwise provided in this Act. The Mayor and four Councilmen shall constitute the City Council. The Council shall hold regular public meetings at a stated time and place as provided by ordinance. The Council shall meet in special session on call of the Mayor or on call of the Mayor Pro-tern and two Councilmen, and notice of which has been served on the other mem bers personally or left at their residence at least twelve hours in
advance of the meeting. But such notice of a special meeting shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Such notice of a special meeting shall be considered waived if the Mayor and all Councilmen are present when the special meeting is convened. Only the business stated in the call may be transacted at a special meeting, except by unanimous consent of all members of the Council. The Council shall exercise its powers in public meetings. A majority of the Council shall con stitute a quorum. The Council may, by ordinance, adopt rules and by-laws to govern the conduct of its business, including procedures for compelling the attendance of absent members. The Council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the Council.

Section 2.06. Mayor as Presiding Officer. Bt it further en acted, that the Mayor shall preside at meetings of the Council,

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shall have a vote only in the case of a tie vote by Councilmen: shall have veto power, and the Mayor shall have five (5) days after the meetings of the Council in which to file with the Clerk in writing his dissent, but the Council may at the same meeting or at any subsequent meeting within thirty (30) days, pass any such ordi nance, order or resolution, notwithstanding the veto, by a vote of three-fourths of the total number of Councilmen, to be taken by ayes and nays, and entered upon the minutes; shall be the cere monial head of the City; shall sign ordinances and resolutions on their final passage; may obtain short term loans in the name of the City when authorized by the Council to do so; shall sign deeds, bonds and contracts when authorized by the Council to do so; and shall perform such other duties imposed by this Charter and duly adopted ordinances.

Section 2.07. Mayor Pro-tern. Be it further enacted, that the Council at the first regular meeting in January, and after the newly elected Councilmen have taken office following each regular election, shall elect from its membership a Mayor Pro-tern for a term of one year. Upon the Council's failure to elect a Mayor Pro-tern at its first regular meeting in January of each year, the incumbent councilman not up for election at the previous election who received the highest number of votes, when last elected, shall be declared the Mayor Pro-tern. The Mayor Pro-tern shall perform the duties of the Mayor during his absence from the City or his disability.

Section 2.08. Vacancy in Office of Mayor or Councilmen. Be it further enacted, that a vacancy shall exist if the Mayor or a Councilman resigns, dies, moves his residence from the City, or is absent from four (4) consecutive regular meetings of the govern ing authority, except if granted a leave of absence by the Council, which leave shall be entered upon the minute books; or if he is ad judged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws.
The Council shall appoint a qualified person to fill any such vacancy in the office of Councilman for the remainder of the unexpired term.
At no time shall there be more than one council member so appointed holding office; and if a vacancy occurs on the Council with one member so appointed on the Council, a special election shall be held within a period of forty-five (45) days after the office becomes vacant pursuant to a call of a special election as provided by this Charter; however, if a special election is called pursuant to this Charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the unexpired terms in a special election. Provided, however, if a regular election for the City shall be held within three (3) months after the second vacancy occurs, such second vacancy shall not be filled by appointment but the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election.
In the event a vacancy should occur in the office of the Mayor,

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a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Geor gia, 1933) as it now exists or may hereafter be amended.

Section 2.09. Compensation and Expenses. Be it further en acted, that the Council may determine the salary of the Mayor and Councilmen by ordinance and in accordance with state law. Each Councilman and the Mayor, when authorized by the Council and upon presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office.

Section 2.10. City Clerk. Be it further enacted, that the Council shall appoint a City Clerk who shall be Ex-officio Treasurer. The City Clerk shall be responsible for keeping and preserving the city seal and all records of the Council; attending meetings of the Council
and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each mem ber on each question and each motion considered, and the text of each question and each motion considered, and the text of each resolution or ordinance considered; preparing and certifying the copies of of ficial records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by
the Council or Mayor.

The Council shall require the Clerk, before entering upon dis charge of his duties to give good and sufficient bond in an amount
to be decided by the Council, but not less than Five Thousand ($5,000.00) Dollars, said bond payable to the City of Harlem, for the faithful performance of his duties and to secure against cor ruption, malfeasance, misappropriations or unlawful expenditures.
Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the Council, and the premium thereon shall be paid by the City.

Section 2.11. City Legislation. Be it further enacted, that any action of the Council, having a regulatory or penal effect or required to be done by ordinance under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being voted upon. The affirmative vote of at least a majority of the quorum shall be required to pass any resolution or ordinance. After adoption of or dinances, the City Clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the City Clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the City Clerk.

Section 2.12. Readings. Be it further enacted, that all ordinances
before they are passed shall be read twice, and each reading had at a separate meeting, regular or special, on separate days, and the first reading shall be at a regular meeting of the Mayor and Council; pro vided that both readings of said ordinances may be had at the first meeting, upon unanimous consent of the Council to that effect; pro-

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vided, further that ordinances or resolutions appropriating or involving the expenditure of money or for other than current expenses shall be read twice as above provided and the rule shall not be suspended.

ARTICLE III
ORGANIZATION AND PERSONNEL
Section 3.01. Organization. Be it further enacted, that the City government shall continue as presently organized unless and until other wise provided by ordinance. The Council, by such ordinances, may estab lish, abolish, merge or consolidate offices, positions of employment, de partments and agencies of the City; may provide that the same person shall fill a number of offices and positions of employment; may trans fer or change the functions and duties of offices, positions of employ ment, departments and agencies of the City and may prescribe the duties and compensations of any office or position of employment.
Section 3.02. Administrative Duties of Mayor. Be it further en acted, that the Mayor shall be the executive head of the City Govern ment, responsible for the efficient and orderly administration of the City's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the City; and the City Attorney shall take such legal action as the Mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the City's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this Charter.
Section 3.03. City Attorney. Be it further enacted, that the Council shall appoint a City Attorney, together with such assistant City At torneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a part; may be the prosecrting officer in the Recorder's Court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor, and other officers and employees of the City, concerning legal aspects of the City's affairs.
Section 3.04. City Manager. Be it further enacted, that the Coun cil may appoint a City Manager. The duties and authority of the City Manager shall be established by ordinance of the Council, and in doing so, the Council may specifically delegate to the City Manager any of the administrative or budgetary duties of the Mayor.
Section 3.05. Oath of Office. Be it further enacted, that before a person takes any office in the City government, he shall take before the Mayor or an officer of the State, authorized to administer oaths, the following such oath or affirmation:
"I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all re spects, observe the provisions of the Charter and ordinances of the City of Harlem, and I will faithfully discharge the duties of---____,,____--._ ....._____-____.._...-..-__.._-_-.-..-.,,...._. So help me God."

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Said oaths, with the officer's jurat attached, shall be written or printed, and when executed, filed with the City clerk.

Section 3.06. Political Activity Prohibited. Be it further enacted, that no officer or employee of the City or any appointed officer or of ficial of the City, other than the Mayor and Councilman, shall continue in the employment of the City after becoming a candidate for nomina tion or election to any City office. Any Council member, other than the Mayor, who runs for Mayor must first resign from the Council.

Section 3.07. Employees' Political Activity. No employee of the City of Harlem may campaign for any candidate for any City office.

Section 3.08. Personal Financial Interest. Be it further enacted, that any City officer or employee who has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City or in the sale of any land, material, supplies or services to the City or to a contractor supplying the City shall make known that interest by announcement at a Council meeting or in writing
to the City clerk and shall refrain from voting upon or otherwise par ticipating in this capacity as a City officer or employee in the making of such sale or in the making or performance of such contract. Any City officer or employee who wilfully conceals such financial interest or wil fully violates the requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit his office
or position. Violation of this section with the knowledge expressed or implied of the person or corporation contracting with or making a sale to the City shall render the contract or sale voidable by the Council.

Section 3.09. City Planning and Renewal. Be it further enacted, that the Council may create and establish a planning commission pur suant to the provisions of general laws as they now exist or as they may hereinafter be amended.

ARTICLE IV FISCAL ADMINISTRATION

Section 4.01. Property Taxes. Be it further enacted, that all proper ty subject to taxation for State or County purposes, assessed as of Janu ary 1 of each year, shall be subject to the property tax levied by the City of Harlem. The Council by ordinance may elect to use the County assessment for the year in which the City taxes are to be levied, or may provide for an independent City evaluation or assessment as pro vided by Georgia law.

Section 4.02. Listing, Assessing and Collecting Taxes. Bt it further resolved, that (a) The Council shall be authorized to prescribe by or dinance the manner in which ad valorem taxes on real and personal property within the corporate limits of the City shall be listed, assessed, and collected.

(b) If an independent city assessment is made, a board of equaliza tion consisting of three freeholders of the City shall be appointed by the

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City Council for such terms and compensation as shall be fixed by or dinance. Said board of equalization shall hear appeals of taxpayers taken within ten days after the City clerk has sent a notice, by ordinary mail, or a new or increased assessment; provided that such notice shall
not be required nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as other wise provided in this section, the Council shall prescribe by ordinance the duties and powers of the board of tax equalization, and the rules
and regulations under which said board shall carry out its responsi bilities.

(c) The board of tax equalization shall have authority to issue subpoenas, administer oaths, and compel the production of records and documents to the same extent as that authority is vested in the Su perior Court of Columbia County, and the authority hereby conferred shall be enforced as similar authority is enforced by said court.

(d) Either the Mayor or any Councilman or taxpayer shall have the right to appeal from any judgment rendered by the board of tax equalization to the Superior Court of Columbia County, provided that such appeal shall be filed in the Superior Court within twenty days after the rendition of the judgment of the board of tax equalization, and shall be in the same form and governed by the same rules as ap peals to the Superior Court from the Court of Ordinary.

Section 4.03. Tax Levy. Be it further enacted that, the Council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the City for the purposes of raising revenues to defray the costs of operating the City government, providing governmental services, and for any other public purpose as determined by the Council in its discretion. The Council is also au thorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Harlem is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104, inclusive.
Section 4.04. Tax Due Dates and Tax Bills. Be it further enacted, that the Council shall provide by ordinance when the taxes of the City shall be due and in what length of time said taxes may be paid, and shall provide by ordinance for the payment of taxes due to the City either in installments or in one lump sum, in its discretion. The Council shall also provide for how and upon what terms such taxes shall be due and payable, and may authorize voluntary payment of taxes prior to the time when due.
Section 4.05. Collection of Delinquent Taxes. Be it further enacted that the Council may provide by ordinance for the collection of delin quent taxes by fi. fa. issued by the City clerk and executed by any police officer of the City or other person appointed by the Council, under the same procedure provided by the laws governing execution of such process from the Superior Courts of Georgia, or by the use of any other legal processes and remedies provided by Georgia law. City property taxes are levied as of the assessment date of January 1 of each year, and shall constitute a lien, which shall be superior to all other liens except that it shall have equal dignity with those of the Federal, State, or County taxes.

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Section 4.06. Special Assessments. Be it further enacted that the Council shall have the power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains or appurtenances, against the abutting property owners, under such terms and conditions as provided by ordinance. Such special assessments shall become delinquent thirty days after their due dates and shall thereupon be subject to a penalty of ten per cent of the amount due in addition to fi. fa. charges, and shall thereafter be subject to interest at the rate of nine per cent per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest and penalties shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with County and City property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for City property taxes.

Section 4.07. Licenses and Occupations Taxes. Be it further en acted, that the Council may provide by ordinance for the levy of such license and occupation taxes upon the residents of the City of Harlem, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any pro fession or calling therein, as the Council may deem expedient for the public health, safety, benefit, convenience or advantage of the City. The Council shall have the power to classify businesses, occupations, pro fessions or callings for the purpose of taxation in any way which may be lawful; to require such persons to procure appropriate licenses; to compel payment for such licenses; and to provide by ordinance rules and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof.

Section 4.08. Sewer, Water, Garbage, and other Service Charges. Be it further enacted that, the Council may provide by ordinance for the assessment and collection of fees, charges or tolls for sewer, water, garbage, and other services rendered within or without the corporate limits of the City of Harlem, in order to defray the cost of providing such services. If unpaid, the service charge shall constitute a lien against any property of persons served, which lien shall be superior to all other liens, except that it shall be of equal dignity with liens for County and City property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes.

Section 4.09. Transfer of Executions. Be it further enacted that, the City clerk of the City of Harlem shall be authorized to transfer or assign any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or tarnsferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the City, the owner of such property in fee simple or lesser interest, shall not lose his right to re deem the property in accord with the requirements of redemption of property sold under State or County ad valorem tax fi. fas., as said requirements now exist or as may be provided by law from time to time.

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Section 4.10. General Obligation Bonds. Be it further enacted, that the Council shall have the power to issue for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issu ances by municipalities in effect at the time said issue is undertaken.

Section 4.11. Revenue Bonds. Be it further enacted, that revenue bonds may be issued by the Council as now or hereafter provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761) as now or here after amended.

Section 4.12. Budget. Be it further enacted, that the City govern ment of Harlem shall be operated on a budget. The Council of Harlem shall, by ordinance, set the fiscal year and set the procedures to be followed in adopting, changing and following the budget.

ARTICLE V ELECTIONS

Section 5.01. Regular Elections. Time for taking and holding of fice. Be it further enacted, that the regular election for Mayor and City Council, or Councilman, as the case may be, shall be held on the second Monday in December of each year. Officials elected at any regular election shall take office on the first Monday in January next follow ing such election.

Section 5.02. Notice of Candidacy. Be it further enacted, that any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the Municipal Superintendent not less than fifteen (15) nor more than forty-five (45) days, as pre scribed by ordinance, prior to the date fixed for the holding of any such election. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the Municipal Superintendent not less than (10) days nor more than thirty (30) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election.

Section 5.03. Qualification of Electors. Be it further enacted, that any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Harlem for at least ninety days next preceding the election in which he desires to vote or for such period as may otherwise be pro vided by the Georgia Municipal Election Code, shall be qualified to register as an elector in any City election held under this Charter.

Section 5.04. Applicability of General Laws. Be it further enacted, that except as otherwise provided by this Charter, the election of all officials of the City of Harlem where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia

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of 1933 as it now exists or may hereafter be amended. Whenever any time period established by the election Code is altered so as to change or supersede any time period provided therein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this Charter and the general law of the State.

Section 5.05. Time of Election. Be it further enacted, that the polls shall be opened from 7 o'clock A.M. local time to 7 o'clock p.m. local time.

Section 5.06. Place of election. Be it further enacted, that the polling place or places for holding elections shall be prescribed by the Council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by Section 34A-604 of the Code of Georgia of 1933 as it now exists or may hereafter be amended.

Section 5.07. Voter Registration. Be it further enacted, that in all elections held in the City of Harlem, whether special or general elec tions, the voters, in addition to the qualifications already prescribed shall be registered as may be prescribed by ordinance.

Section 5.08. Rules. Be it further enacted, that the Council is hereby authorized to enact by ordinance such additional rules consistent with this Charter and general laws as are deemed necessary for the conduct of elections.

Section 5.09. Absentee Ballots. Be it further enacted that the Coun
cil in its discretion is authorized to provide by ordinance for absentee ballots.

ARTICLE VI
RECORDER'S COURT
Section 6.01. Creation. Be it further enacted that there is hereby established a court to be known as the "Recorder's Court, City of Har lem", which shall have jurisdiction and authority to try offenses against ordinances of the said City and to punish for a violation of the same. Such Court shall have power to endorse its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or to persuade another whose testimony is desired or material in any proceeding before said Court, to go or move beyond the reach of the process of the Court; to try all offenses within the terri torial limits of the City of Harlem constituting traffic cases which under the laws of the State of Georgia are placed within the jurisdic tion of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the condi tions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said Court.

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The presiding officer of such Court shall be known as the Recorder. Said Court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets there of. The Court shall sit at a place designated by the Council.

Section 6.02. Recorder. Be it further enacted that (a) No person shall be qualified or eligible to serve as Recorder unless he shall have attained the age of 21 years, shall be qualified to vote in Harlem, and Columbia County, and shall have resided therein at least one year immediately preceding his election. The Recorder shall be appointed by the Council, and shall serve at the discretion of the Council. The com pensation of the Recorder shall be fixed by the Council. Nothing herein shall disqualify the Mayor or any Councilman from serving as Recorder or Recorder pro-tern.

(b) The Recorder pro-tern shall serve in the absence of the Re corder, shall have the same qualifications as the Recorder and shall be appointed by the Council.

(c) Before entering on duties of his office, the Recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the meeting of the Council.
Section 6.03. Jurisdiction. Be it further enacted that the Recorder shall have power to impose fines, costs and forfeitures for the violation of any ordinance of the City of Harlem passed in accordance with this Charter, to an amount not to exceed two hundred dollars ($200.00), to imprison the offenders for a period not more than sixty (60) days, or at labor on the roads and streets or other public works of said City for not more than sixty (60) days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said Recorder shall not have the authority to inflict a greater punishment for con tempt than to impose a fine of one hundred dollars ($100.00) or im prisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Harlem which warrants may be executed by any officer of said City, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of Court of competent jurisdiction to be held in said City. The Recorder's Court shall have also concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State com mitted within the corporate limits of the City of Harlem. The Recorder's Court is specifically invested with all jurisdiction and powers through out the entire area within the corporate limits granted by State laws generally to Mayors, and Recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said Recorder is hereby authorized to administer oaths.
Section 6.04. Right of Appeal. Be it further enacted, that the right of appeal and any bond as may be required to secure the costs on ap peal to the Superior Court of Columbia County from the Recorder's

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Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have ten (10) days to file his appeal. An appeal to the Superior Court shall be a de novo proceeding.

Section 6.05. Court Costs. Be it further enacted, that in all cases in the Recorder's Court of the City of Harlem, the costs incurred and allowable herein may be computed under the provisions of the laws of
the State of Georgia fixing costs in the justice of the peace courts of said State, or the City Council may establish a schedule of fees to defray the costs of operation and the City shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the Superior Court for violations of State law. The Council may also provide a uniform scale of costs of the clerk and police of ficers of the said City for all services in the arrest and prosecution of offenders in the Recorder's Court and in the issuance and collection of tax and other executions; and for their collections and payment into the City treasury. The Recorder, or the City clerk in the Recorder's name, is hereby authorized to issue subpoenas to compel the attendance of witnesses to said Recorder's Court, and to issue such other processes as may be necessary to the proper administration of said Court.

Section 6.06. Rules for Court. Be it further enacted, that with the approval of the Council, the Recorder shall have full power and au thority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the Council may adopt in part or in toto the rules and regulations relative to the procedures of the opera tion of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the City Clerk and shall be available for public inspection.

ARTICLE VII SEVERABILITY

Section 7.01. Severability. Be it further enacted, that in the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

ARTICLE VIII REPEALER

Section 8.01. Repealer. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.

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ARTICLE IX EFFECTIVE DATE

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Mr. Phillips of the 29th moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 622 was agreed to.

TJ.B 616. 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 in the County of Chattooga and granting a new charter therefor, so as to change the day for holding city elections; and for other purposes.
The following Senate Substitute was read:
A BILL
To be entitled an Act to amend an act consolidating the laws char tering the City of Summerville in the County of Chattooga and granting a new charter therefor, approved March 28, 1961 (Ga. Laws 1961, p. 2658), as amended, so as to change the days for holding city elections; to change the dates for qualifying to run for mayor or councilman; to close a certain portion of a certain street and to transfer the public right, interest and title therein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act consolidating the laws chartering the City of Summerville in the County of Chattooga and granting a new charter therefor, approved March 28, 1961 (Ga. Laws 1951, p. 2658), as amended, is hereby amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. The first election for mayor and councilmen of said city held under this Act shall be held on the second Saturday in De cember, 1961. At that time there shall be elected a mayor and five (5) councilmen from the city at large. The councilman shall be designated as councilman seat no. 1, councilman seat no. 2, coun-

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oilman seat no. 3, councilman seat no. 4, and councilman seat no. 5. The mayor and councilman seat no. 1 and councilman seat no. 2 shall take office January 1, 1962, and serve until January 1, 1966, or until their successors are elected and qualified. Councilman seat no. 3, councilman seat no. 4, and councilman seat no. 5 shall take office January 1, 1962, and serve until January 1, 1964, or until their suc cessors are elected and qualified. After the first election to be held in 1961, there shall be a biannual election on the first Saturday in November of each year for the mayor and the councilmen of the City of Summerville whose term expires in said year. All persons elected at such election shall take office on January 1, next follow ing their election and serve for a term of four (4) years, or until their successors are elected and qualified. To be eligible to run for the office of mayor and councilman of said city, a person shall qualify with the city clerk of said city between November 12, 1961, and noon November 28, 1961, for the elections to be held in that year. For the regular biannual elections, a person shall qualify with the city clerk of said city during the period between the first Saturday in October and by 12:00 o'clock noon on the third Saturday in October of each election year. Elections to be held from 7:00 a.m. to 7:00 p.m. at the city hall in Summerville, Georgia."
Section 2. Said Act is further amended by striking from the third sentence of Section 10 the words, "second Saturday in December" and in serting in lieu thereof the words, "first Saturday in November", so that when so amended Section 10 shall read as follows:
"Section 10. In the event that the office of mayor or of counman of the City of Summerville should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than forty (40) days from the time such vacancy occurs under the same rules and regulations that govern regular elections in said city. The clerk of said city shall cause notice of the holding of such election, and the time and place thereof, to be published once a week for two (2) weeks prior to said election in the newspaper in which the sheriff's advertisements for Chattooga County are published. In the event that such vacancy in the office of mayor occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tern for the remainder of the term; and provided, further, in the event such vacancy should occur within six (6) months prior to the regular biannual election to be held on the first Saturday in November, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tern, who shall serve until such regular biannual election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. If vacancy occurs in office of councilmen for any reason within six (6) months of regular election no special election is to be called; in the event a majority of the council shall resign, or vacate office then in that event a special election shall be called under the same provisions as provided for vacancies occurring prior to six (6) months of regular election. To be eligible for election in any special election authorized by this Section, a person shall qualify with the city clerk not less than ten (10) and not more than twenty (20) days prior to the date of the election. In the event that

TUESDAY, MARCH 2, 1971

1725

the council cannot for want of a quorum and any other reason call the elections authorized by this Section, it shall be the duty of the Ordinary of Chattooga County to issue the call for the elections."

Section 3. Said Act is further amended by adding a new section between Sections 21 and 22 to be designated Section 21A and to read as follows:

"Section 21A. That portion of land, within the corporate limits of the City of Summerville, known as the Old Dixie Highway and more particularly described as follows: Beginning at a point on the east side of U. S. Highway #27, said point being south 28 43 minutes west 28.3 feet from State Right-of-Way marker; thence south 56 10 minutes east 20 feet to the east side of old Right-ofWay to Dixie Highway; thence in a southwesterly direction 140
feet to the east side of U. S. Highway Right-of-Way; thence north 28 43 minutes east 140 feet to the point of beginning, is hereby closed. All the right, title and interest of the public in said portion of Old Dixie Highway is hereby transferred to the property owners abuting said portions."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Ployd of the 7th moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 616 was agreed to.

HB 315. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the ordinary of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officer; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 315 as follows:
By striking in its entirety line 17 and substituting in lieu thereof the following:
"thereof the word 'June', and by striking the word 'fall' and

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substituting in lieu thereof the word 'existing', so that when so amended, Section 4 shall read as follows:

'Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of June after receiving the budget, the ordinary shall be authorized to appeal to an arbitration committee composed of the existing term of the grand jury of the superior court of Houston oCunty. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final.' "

Mr. Nunn of the 41st moved that the House agree to the Senate amendment.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 315 was agreed to.

HB 316. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary, so as to change the certain dates relative to the submission and approval of budgets by said officer; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 316 as follows:
By striking in its entirety line 17 and substituting in lieu thereof the following:
"thereof the word 'June', and by striking the word 'fall' and substituting in lieu thereof the word 'existing', so that when so amended, Section 4 shall read as follows:
'Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of June after receiving the budget, the sheriff shall be authorized to appeal to an arbitration committee composed of the existing term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final.' "

TUESDAY, MARCH 2, 1971

1727

Mr. Nunn of the 41st moved that the House agree to the Senate amendment.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 316 was agreed to.

HB 317. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officers; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB :317 as follows:
By striking in its entirety line 17 and substituting in lieu thereof the following:
"thereof the word 'June', and by striking the word 'fall' and substituting in lieu thereof the word 'existing', so that when so amended, Section 4 shall read as follows:
'Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of June after receiving the budget, the clerk shall be authorized to appeal to an arbitration committee composed of the existing term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final.' "

Mr. Nunn of the 41st moved that the House agree to the Senate amend ment.

On the motion, the ayes were 105, nays 0. The motion prevailed and the Senate amendment to HB 317 was agreed to.

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HB 318. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Houston County upon an annual salary, so as to change certain of the dates relative to the submission and approval of budgets by said officer; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 318 as follows:
By striking in its entirety line 17 and substituting in lieu thereof the following:
"thereof the word 'June', and by striking the word 'fall' and substituting in lieu thereof the word 'existing', so that when so amended, Section 4 shall read as follows:
'Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of June after receiving the budget, the tax commissioner shall be authorized to appeal to an arbitration committee composed of the existing term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final.' "

Mr. Nunn of the 41st moved that the House agree to the Senate amendment.

On the motion, the ayes were 105, nays 0. The motion prevailed and the Senate amendment to HB 318 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 141. By Senators Gillis of the 20th, Bateman of the 27th, Plunkett of the 30th and Hamilton of the 26th:
A Bill to be entitled an Act to implement Article VII, Section 1, Para graph 1 of the Constitution of Georgia which authorized the General

TUESDAY, MARCH 2, 1971

1729

Assembly to provide for grants to citizens of Georgia attending col leges or universities in this State which are not branches of the Uni versity System; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to implement Article VII, Section I, Paragraph I of the Constitution of Georgia which was ratified by the people of Geor gia at the general election held November 3, 1970 and which authorized the General Assembly to provide for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia; to grant to each eli gible student attending an approved institution of higher learning the sum of $400.00 per academic year; to define terms; to provide that the grants provided for in this Act shall be administered by the Georgia Higher Education Assistance Authority pursuant to procedures devised and implemented by said authority; to authorize the authority to promul gate reasonable rules and regulations for carrying out the provisions and purposes of this Act; to provide for certification of eligible students by institutions; to provide for refund of grants paid when an eligible student shall not be enrolled and carrying a minimum academic load, as prescribed; to provide for auditing of approved institutions; to pro vide for periods when there are not enough funds to provide each eligible student with a, full grant for the terms requested; to provide a penalty for false statement or misrepresentation; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The General Assembly declares that there exists within the State of Georgia a number of accredited independent colleges and universities whose facilities could be used effectively in the public in terest by the grant of financial assistance to citizens of this State who choose to attend such colleges, thereby reducing the costs to the tax payers of Georgia below the cost of providing similar instruction to such students at the University System. This Act, therefore, is adopted as a means of providing higher education opportunities to citizens of this State in utilizing the educational facilities and resources of ac credited private colleges and universities in this State more effectively.
Section 2. There is hereby granted to each eligible student attend ing an approved institution of higher learning the sum of $400.00 per academic year, which shall be distributed to the student as hereinafter provided.
Section 3. Definitions. The term "eligible student", as used herein, applies to any person who

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(a) is a citizen of Georgia at least twelve months prior to the date of registration at an institution of higher learning in Georgia; and

(b) attends or plans to attend and carry a minimum academic load at an approved institution as a:

(1) freshman during the 1971-72 academic year;

(2) freshman or sophomore during the 1972-73 academic year;

(3) freshman, sophomore or junior during the 1973-74 aca demic year;

(4) undergraduate student during any academic year following the 1973-74 academic year;

(c) is not enrolled in a course of study leading to a degree in the ology, divinity or religious education.

The term "eligible student", as used herein, shall not apply to any person who knowingly promotes or engages in any activity which is determined by the approved institution's governing body to be detri mental to the institution.

The term "academic year" shall mean at least two semesters, if the institution is on the semester system; two trimesters, if the institu tion is on the trimester system; and three quarters, if the institution is on the quarter system.

The term "approved institution" shall mean any educational institu tion of higher learning located in Georgia, which is not a branch of the University System of Georgia and which is accredited by the Southern Association of Colleges and Schools, and which shall have an academic program not comprised principally of sectarian instruction or prepara tion of students for a religious vocation, and which is not presently receiving State funds under the Junior College Act of 1958, as amended.

Section 4. The grants provided for herein shall be applied for by each person wishing to receive same and shall be administered by the Georgia Higher Education Assistance Authority (hereafter, the au thority) pursuant to procedures devised and implemented by said au thority which is not in conflict with this Act. The authority is authorized to promulgate such rules and regulations and define terms as may be reasonable and proper in order to carry out the provisions and pur poses of this Act. The authority shall not approve any grant until there has been received from an appropriate officer of the approved institution a certification that the student applying for said grant is an eligible student. Upon receipt of such certification, in proper form, the authority shall remit, at such times as it shall prescribe, said grant to the approved institution on behalf and to the credit of the student.

Section 5. In the event a student on whose behalf a grant has been paid shall not be enrolled and carrying a minimum academic load as of

TUESDAY, MARCH 2, 1971

1731

the fifteenth classroom day following the beginning of the school term for which such grant was paid, the institution shall refund to the au thority the amount of grant paid on behalf of such student for such term.

Section 6. Each approved institution shall be subject to examina tion by the State Auditor for the sole purpose of determining whether such institution has properly certified eligibility and enrollment of stu dents and credited grants paid to the behalf of such students. However, nothing in this Act shall be construed to interfere with the authority of such institution to determine admissibility of students, nor to control their own curriculum, philosophy, purpose or administration. In the event it is determined that an institution knowingly or through error certified an ineligible student to be eligible for a grant hereunder, the amount of the grant paid to the institution pursuant to such certification shall be refunded by the institution to the authority in accordance with regulations of the authority.

Section 7. In the event there are not enough funds to provide each eligible student with a full grant for the terms requested, each eligible student shall receive a reduced but equal share of funds then available for the remainder of the academic year within the fiscal period covered by the current appropriation.

Section 8. Any person who shall knowingly make of furnish any false statement or misrepresentation, or who shall accept such statement or misrepresentation knowing the same to be false, for the purpose of enabling an ineligible student to wrongfully obtain a grant hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, be punished as for a misdemeanor.

Section 9. This Act is pursuant to authority granted by Article VII, Section I, Paragraph I of the Constitution of Georgia, which amend ment is contained in Ga. Laws 1970, p. 1140, and which was ratified by the people of Georgia at the general election held November 3, 1970.

Section 10. 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 declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

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An amendment, offered by Mr. Smith of the 80th, was read and lost.

The following amendment was read:

Mr. Egan of the 116th moves to amend the Committee substitute to SB 141 by striking Section 11, and substituting a new Section 11 as follows:
"This Act shall become effective on July 1, 1972.";
and by striking lines 25 and 26 on page 2.

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, Marvin Alexander, W. H. Alien Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, J. L. Connell

Cook Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Farrar Felton Floyd, L. B. Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Hadaway Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Horton Howell Hudson, C. M. Hudson, Ted

Hutchinson Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Marcus Matthews, C. Matthews, D. R. Maxwell McDonald Melton Merritt Miles Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt

Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole
Potts Rainey Reaves

TUESDAY, MARCH 2, 1971

Roach Ross Rush Russell, W. B. Salem Savage Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Strickland Sweat

Thomason Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Wood

Those voting in the negative were Messrs.

Adams, John Alexander, W. M. Atherton Coney, G. D. Dean, Gib Evans Floyd, J. H. Eraser Ham

Howard Isenberg Leggett Lowrey Mason Mauldin Milford Odom Pinks ton

Russell, A. B. Russell, H. P. Scarborough Stephens Toles Townsend Wilson

Those not voting were Messrs.:

Adams, G. D. Barfield Chappell Colwell Conger Dailey Ezzard Granade Gunter

Harrison Hood Housley Johnson Larsen, W. W. Longino McCracken McDaniell Moore

Murphy Shepherd Sherman
Snow Thompson Wheeler, Bobby Williams Mr. Speaker

On the adoption of the amendment, the ayes were 144, nays 25. The amendment was adopted. An amendment, offered by Mr. Smith of the 80th, 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.

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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, John Adams, Marvin
Alexander, W. M. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blaekshear Bohannon Bond Bos tick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier
Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dorminy
Edwards Farrar Felton Floyd, L. R. Gary Gaynor

Geisinger Grahl Granade Grantham Greer Griffin Sadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hood Horton Howell Hudson, C. M. Hudson, Ted Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford

Morgan Moyer Mulherin Mullinax Nessmith
Noble Northcutt Nunn Oxford Patter son Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Roach Ross Rush Russell, W. B.
Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason
Toles
Townsend Triplett Tripp Turner
Vaughn
Ware Westlake Wheeler, J. A. Whitmire Williams Wood

TUESDAY, MARCH 2, 1971

1735

Those voting in the negative were Messrs.:

Bennett, J. T. Collins, S. Dean, Gib Dixon Drury Egan Evans
Ezzard
Ployd, J. H.

Fraser Gignilliat Harrison Hill, G. Howard Hutchinson Knowles
Lee, W. S.
Miller

Moore Odom Phillips, W. R. Pickard Russell, A. B. Russell, H. P. Smith, H. R.
Wamble
Wilson

Those not voting were Messrs.:

Adams, G. D. Barfield Buck Chappell Collins, M. Colwell Dailey

Gunter Housley Johnson Larsen, W. W. Longino McCracken Murphy

Reaves Snow Thompson Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 27.

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

Mr. Sweat of the 65th stated that he had inadvertently voted "aye" but in tended to vote "nay" on the passage of SB 141, by substitute, as amended.
The report of the Committee of Conference thereon having been rejected on the previous legislative day, the following Bill of the House was taken up for the purpose of considering the appointment of a second Committee of Conference:

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to be entitled an Act to amend an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), so as to increase the excise tax on ciga rettes; to impose an excise tax on cigarettes; to impose an excise tax on cigarettes held or possessed by every dealer or distributor of ciga rettes on the effective date on this Act; and for other purposes.

Mr. Busbee of the 61st moved that a Committee of Conference No. 2 be appointed to confer with a like committee on the part of the Senate.

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The motion prevailed.

The Speaker appointed as a Committee of Conference No. 2 on the part of the House the following members thereof:

Messrs. Busbee of the 61st, Melton of the 32nd and Chandler of the 34th.

The Speaker Pro Tern announced the House recessed until 1:45 o'clock P.M. AFTERNOON SESSION
The Speaker called the House to order.

The following Resolution of the House was read and referred to the Com mittee on State Institutions and Property:
HR 289. By Messrs. Gunter and Moore of the 6th:
A RESOLUTION
Urging the designation of the Chattooga River as a national wild and scenic river; and for other purposes.
WHEREAS, the Chattooga River of the Savannah drainage is a water supply source of major importance to Lakes Hartwell and Clark Hill and to the Cities of Augusta and Savannah; and
WHEREAS, the Chattooga Riverway is largely composed of lands owned and managed by the U. S. National Forest Services; and
WHEREAS, the multiple use management purposes of this forest are to protect water supplies, conserve prime fish and wildlife habitat; provide compatibly related outdoor recreation activities in natural and primitive forms; manage timber supplies; and conserve environmental aesthetics; and
WHEREAS, both the National and State Scenic Rivers Acts required that the Chattooga River be studied for possible inclusion in the Na tional Scenic Rivers System; and
WHEREAS, there was excellent participation and general agree ment in the findings and recommendations of the Chattooga River Re port by planners of the States of Georgia, North Carolina and South Carolina; and
WHEREAS, the Chattooga River is recognized by many outdoor

TUESDAY, MARCH 2, 1971

1737

recreation resource planners; and by fishermen, whitewater canoeist, primitive campers and other outdoor recreation user groups as the single most significant cold water, white water river of its kind and wild river class in the ten Southeastern States; and

WHEREAS, public meetings were held at Highlands, North Caro lina, and Clayton, Georgia, at which the great majority of those present concurred with the recommendation to include the Chattooga in the National Wild and Scenic Rivers System; and

WHEREAS, management of the Chattooga River as a national wild and scenic river will generate economic benefits to Dillard, Clayton and Tallulah Falls, Georgia, and to other communities in the South ern Highlands.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it strongly endorses the proposal to designate the Chattooga River as a component of the National Wild and Scenic Rivers System.

BE IT FURTHER RESOLVED that the General Assembly does hereby request members of the Georgia Congressional Delegation and the President of the United States to take prompt action to protect this outstanding resource through enactment of legislation establish ing the Chattooga National Wild and Scenic River.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to each member of the Georgia Congres sional Delegation and to the President of the United States.

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

HR 290. By Messrs. Davis of the 86th, Marcus of the 105th, Hutchinson of the 61st, Housley of the 117th and Knowles of the 22nd:

A RESOLUTION

Relative to the enforcement of the provisions of Georgia Laws 1949, p. 1057; and for other purposes.
WHEREAS, the provisions of Georgia Laws, 1949, p. 1057, require that all school buildings must comply with the fire safety rules and regulations promulgated by the Georgia Safety Fire Commissioner and that, in order to insure such standards are met, occupancy permits are required to be secured for such school buildings prior to their occupancy; and
WHEREAS, the latest figures available reflect that 199 school buildings in the State of Georgia do not have such occupancy permits; and

WHEREAS, it is imperative that all buildings intended for occu-

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pancy as schools meet the minimum fire safety requirements prescribed by the Commissioner pursuant to said law; and

WHEREAS, it is the duty and responsibility of the Georgia Safety Fire Commissioner to enforce the provisions of said law.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby respectfully request and urge that the Georgia Safety Fire Commissioner strictly enforce the provisions of Georgia Laws 1949, p. 1057, relative to the requirement that all school buildings must have secured occupancy permits from said Commissioner prior to occupancy.

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 Safety Fire Commis sioner.

HR 291. By Messrs. Larsen of the 42nd, Howard of the 117th, Chappell of the 42nd, Phillips of the 38th and Roach of the 10th:
A RESOLUTION
Relative to the Code of Georgia, unannotated; and for other pur poses.
WHEREAS, The Harrison Company, Publishers, has prepared an unannotated edition of the Code of Georgia; and
WHEREAS, the unannotated edition of the Code of Georgia would be a valuable tool for the use of the members of the House of Repre sentatives in enacting legislation; and
WHEREAS, the unannotated edition of the Code of Georgia would provide the members of the House of Representatives a concise ref erence source of the laws of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the Legislative Fiscal Of ficer shall furnish one copy of the Code of Georgia, Unannotated Edition, to each member of the House of Representatives who may request the same, and the Legislative Fiscal Officer shall contract for supplements to keep said Code of Georgia, Unannotated Edition, current.
BE IT FURTHER RESOLVED that the members of the House of Representatives, when their successors are elected and qualified, shall deliver said Code of Georgia, Unannotated Editions, to their successors. The cost of said Code of Georgia, Unannotated Editions, shall be paid out of funds appropriated to the Legislative Branch of Government.

TUESDAY, MARCH 2, 1971

1739

HR 292. By Messrs. Ross of the 26th, Shanahan of the 8th and Westlake of the 75th:

A RESOLUTION

Creating the Enforced Sterilization Study Committee; and for other purposes.

WHEREAS, many residents of Georgia are on welfare merely be cause they are capable of producing a bountiful supply of illegitimate children; and
WHEREAS, the system under which welfare recipients are com pensated appears to be designed to reward a woman for having ille gitimate children; and
WHEREAS, one State has recently considered legislation which requires enforced sterilization of any person having more than two illegitimate children; and
WHEREAS, it would be a worthwhile use of legislators' time and energy to study this matter to see if it would benefit Georgia to have enforced sterilization implemented here.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Enforced Sterili zation Study Committee, to be composed of five members of the House of Representatives chosen by the Speaker.
The Committee shall do everything necessary to effect the purposes hereinabove provided.
Each member of the Committee shall receive the expenses and al lowances authorized to leigslative members of interim 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 recom mendations and submit same to the Clerk of the House for printing on or before December 1, 1971, 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 293. By Messrs. Cheeks of the 78th, Atherton of the 117th, Northcutt of the 21st, Shanahan of the 8th, Floyd of the 7th and others:
A RESOLUTION
Creating the Bank Ownership and Control Study Committee; and for other purposes.

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WHEREAS, it has come to the attention of the members of this body that certain banks in this State are, through indirect means, ob taining ownership or control of more than one bank; and

WHEREAS, subsection (a) of Code Section 13-207, relating to bank holding companies, provides in part, "On or after the effective date of this Section, it shall be unlawful (1) for any action to be taken which results in a company becoming a bank holding company as defined in this Title; (2) for any bank holding company to acquire or hold direct or indirect ownership or control of more than 5% of the voting shares of any bank . . ."; and

WHEREAS, there is a need on the part of this body for information relative to current practices of the banking industry in this State con cerning control or ownership of banks, either directly or indirectly.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Bank Ownership and Control Study Committee, to be composed of five members of the House of Representatives, to be appointed by the Speaker thereof. The Committee shall conduct a thorough and exhaustive study of the bank ing industry in Georgia and the practices in such industry concerning the ownership or control of more than one bank. The Committee shall be authorized to make such inquiries and investigations as it deems necessary in completing this study, and, in this connection, shall be au thorized to inspect the minutes and records of stock ownership of any or all banks in this State and the officers, directors and employees thereof. The Committee may conduct such meetings and hearings 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 objective and purposes of this Resolution. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than ten days unless an extension of such is granted by the Speaker of the House of Representatives. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of govern ment. The Committee shall make a report of its findings and recommen dations to the 1972 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

HR 294. By Messrs. Edwards of the 45th, Rush of the 51st:
A RESOLUTION
Creating a committee to study the movement of mobile homes four teen feet in width along the highways of the State; and for other pur poses.
WHEREAS, the mobile home industry is a growing and important industry to the State of Georgia; and

TUESDAY, MARCH 2, 1971

1741

WHEREAS, there is a need for additional low-cost housing in this State; and

WHEREAS, the mobile home industry is considering the construc tion of mobile homes fourteen feet in width, so as to provide the citizens of this State who choose to live in such mobile homes with additional living space; and

WHEREAS, information is needed as to the effect which the trans portation of these mobile homes fourteen feet in width along the high ways of the State would have on traffic patterns and highway usages.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the movement of mobile homes fourteen feet in width along the highways of the State to be composed of five members of the House of Repre sentatives, to be appointed by the Speaker of the House of Representa tives. The committee shall conduct a thorough study of the movement of mobile homes fourteen feet in width along the highways of the State. The committee shall be authorized to make such inquiries and investiga tions as it deems necessary in completing this study, and in this connec tion, the committee may conduct such meetings at such places and at such times as it deems necessary or convenient to enable it to fully and faith fully exercise its powers, perform its duties, and accomplish the ob jectives and purposes of this Resolution. The members of the committee shall receive the allowances authorized for legislative members of in terim legislative committees; but shall receive the same for no more than ten days, unless an extension of time is granted by the Speaker of the House of Representatives. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of government. The committee shall make a re port of its findings and recommendations to the 1972 Session of the General Assembly of Georgia at which time the committee shall stand abolished.

HR 295. By Messrs. Farrar of the 77th, Edwards of the 45th, Knowles of the 22nd and Phillips of the 38th:
A RESOLUTION
Creating the Educational Accountability Study Committee; and for other purposes.
WHEREAS, Georgia teachers, in order to become certified, are not required to take and pass the National Teacher Examinations; and
WHEREAS, Georgia teachers, under present law, can achieve cer tification without having to demonstrate any competence, skill or apti tude in teaching, a potential gap in our laws which is deserving of study.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Educational Ac-

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JOURNAL OF THE HOUSE,

countability Study Committee, to be composed of five members of the House of Representatives chosen by the Speaker.

In addition to the legislative members, the committee shall be com posed of the following citizens, who shall serve as noncompensated vot ing members: Mr. Norman Carter, Taylor County Superintendent of Schools; Dr. Edmund Martin, Educational Improvement Council; an appointee of the State Superintendent of Schools; an appointee of the Georgia Association of Educators; and Mr. Leon Lessinger, Georgia State College.

The Committee shall do everything necessary to effect the purposes hereinabove provided.

Each legislative member of the Committee shall receive the expenses and allowances authorized to legislative members of interim study com mittees 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 recom mendations and submit same to the Clerk of the House for printing on or before December 1, 1971, 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 296. By Messrs. Geisinger of the 72nd, Smith of the 3rd, Lee of the 61st and Murphy of the 19th:
A RESOLUTION
Creating the Bail Bond Study Committee; and for other purposes.
WHEREAS, it is evident that the laws relating to bail bonds and to the bail bond business are inadequate to properly control such busi ness; and
WHEREAS, legislation has been introduced seeking to clarify such laws and provide adequate safeguards for the citizens of this State;, and
WHEREAS, it is imperative that the members of the General Assembly be made cognizant of the situation which exists relative to the bail bond business.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Bail Bond Study Committee to be composed of five members of the House to be appointed by the Speaker. The Committee is hereby authorized and directed to-

TUESDAY, MARCH 2, 1971

1743

make a complete study relative to the bail bond business, the laws relative thereto and all other matters relative to such subject.

The Committee is hereby authorized to conduct hearings and to do all things necessary to carry out the purposes of this resolution. The Committee is authorized to work with any similar committee created by the Senate.

The Committee, upon a majority vote of the entire membership thereof is hereby specifically authorized and empowered to issue sub poenas for the Committee requiring the attendance and testimony of witnesses and the production of books, records, papers, documents, data, or other evidence relative to the purposes for which said Committee is created. Such subpoenas shall be issued in the name of the Committee, signed by the Chairman, and may be served by any sheriff, deputy sheriff, or by any member of the Committee. The person making such service shall make his return of the original and a copy, and a copy thereof shall be delivered thereafter to the Chairman of the Committee, who shall preserve the same. No subpoena shall be valid beyond a radius of one hundred miles from the site of any hearing. The Chairman of any member of the Committee shall be authorized to administer oaths to any and all witnesses. Every witness appearing pursuant to sub poena shall be entitled to receive, upon request, the same fee as is pro vided by law for witnesses in the superior courts of Georgia, and where the attendance of witnesses residing outside the county, wherein the hearing is held, is required, they shall be entitled to receive the same sum and expenses as is provided by law for witnesses appearing in the superior courts of Georgia, upon certification thereof by the Chairman of the Committee. Any person, firm, corporation, association or organi zation which fails to appear in response to any such subpoena, as there in required or to produce any papers, documents, books, data, or other evidence, or any person who fails or refuses without legal cause, to answer any questions propounded to him, shall be guilty of civil con tempt. The testimony of such witnesses, or the production of any books, records, documents, papers, data, or other evidence, shall be compelled by the judge of the superior court having jurisdiction, upon a verified certification of such failure, by the Chairman of the Committee to the judge, and it shall be the duty of such said judge to issue an attachment of contempt against such witness, or person, firm, corporation or agency, as in other cases, requiring the same to show cause why he should not be held in civil contempt. Any such action for civil contempt shall be in the jurisdiction where the same is alleged to have occurred. The pro visions of law which relate to the offenses of false swearing and the punishment therefor, shall be applicable to all witnesses testifying be fore the Committee.

The members of the Committee shall receive the allowances autho rized by law for legislative members of interim legislative committees but shall receive the same for not more than 20 days. The funds neces sary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of govern ment. The Committee shall make a report of its findings and recom mendations on or before December 1, 1971, on which date the Committee shall stand abolished.

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HR 297. By Messrs. Gaynor of the 88th, Murphy of the 19th, Pinkston of the 81st, Milford of the 12th and Logan of the 16th:

A RESOLUTION
Creating the Banking Laws Study Committee; and for other pur poses.
WHEREAS, the present "Banking Laws" of the State of Georgia were enacted by the General Assembly in 1919; and
WHEREAS, these laws have been amended on numerous occassions since that time; and
WHEREAS, the banking business in this State has grown im mensely since our present laws were first enacted; and

WHEREAS, it is imperative that a study be initiated to completely revise and modernize the "Banking Laws" of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Banking Laws Study Committee to be composed of five members of the House of Repre sentatives to be appointed by the Speaker of the House of Representa tives; the Attorney General or a member of his Staff designated by him; the Secretary of State or a member of his staff designated by him; the Superintendent of Banks; the President of the Georgia Bankers As sociation or his designee; a member of the State Bar Section on Cor porate, Business and Banking Laws appointed by the President of the State Bar of Georgia; a member of the faculty of the Department of Banking and Finance of the University of Georgia, appointed by the President of the University of Georgia. The Committee is hereby au thorized to conduct a comprehensive and exhaustive study of the bank ing laws of this State and other states. The Committee shall be au thorized to consult with the regulatory authorities of this State and other states and with banking officials in this State and other states in connection with this study. The Committee may conduct such meetings at such places and at such times as it may deem necessary or con venient to enable it to be fully and effectively exercise its powers, per form its duties and accomplish the objectives and purposes of this Reso lution. The legislative members of the Committee shall receive the allow ances authorized for legislative members of interim legislative com mittees. The funds necessary to carry out the provisions of this Resolu tion shall come from the funds appropriated to or available to the legislative branch of government. The Committee shall make a report of its findings and recommendations to the 1972 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

HR 298. By Mr. Pickard of the 84th:
A RESOLUTION
Creating the Public Service Commission Study Committee; and for other purposes.

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1745

WHEREAS, during the present session of the General Assembly several proposals have been introduced dealing with the reorganization, powers, duties and functions of the Georgia Public Service Commission as well as proposed changes in those activities and businesses regulated by said Commission; and

WHEREAS, many of these proposals are far-reaching in effect and should be thoroughly considered and evaluated before action is taken by the General Assembly.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Public Service Commission Study Committee to be composed of five (5) members of the House of Representatives to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive study into all proposals presented to the General Assembly dealing with the Public Service Commission and its powers, duties and functions. The Com mittee shall make a report of its findings and recommendations to the 1972 session of the General Assembly at which time it shall stand abolished.

HR 299. By Messrs. Jones of the 87th, Atherton of the 117th, Floyd of the 75th, Adams of the 100th, Northcutt of the 21st, Phillips of the 50th and Wheeler of the 57th:
A RESOLUTION
Creating the Essential Services of Counties and Municipalities Study Committee; and for other purposes.
WHEREAS, the essential services provided by counties and mu nicipalities to their citizens are of primary interest and should be pro vided with the lowest cost possible.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Essential Serv ices of Counties and Municipalities Study Committee to be composed of seven members of the House of Representatives, to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive investigation into the essential services provided by counties and mu nicipalities and into the ways and means of financing the cost thereof. The Committee shall make a report of its findings and recommendations to the 1972 session of the General Assembly, at which time it shall stand abolished.

HR 300. By Messrs. Salem of the 51st and Lewis of the 37th:
A RESOLUTION
Creating a Comprehensive Vocational Training Program for High Schools Study Committee; and for other purposes.

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WHEREAS, the program of secondary education in Georgia is aca demically oriented, and sufficient only in preparing students for col lege; and

WHEREAS, many high school graduates do not attend college, and many who do attend are not suitable for college; and

WHEREAS, a high school student who is not planning to attend college, or who is not suitable for college, should be able to receive proper training in a certain field in order to be able to obtain a decent job upon graduation; and

WHEREAS, it is of extreme importance to the people of Georgia that all persons receive an adequate education to prepare them to be useful members of society.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Comprehensive Vocational Training Program for High Schools Study Committee to be composed of ten members of the House of Representatives to be ap pointed by the Speaker thereof;. The Committee is directed to study the possibility of creating a comprehensive vocational training program in the high schools of this State. The Committee should consider the following:

(1) A proper time to counsel and test students in order to find the ones best suited for higher academic education.

(2) A curriculum where students who are not suited for col lege or who do not wish to attend college can be trained in a voca tion which they desire, or which is best suited to them.

(3) A high school curriculum which prepares a student for a job so that upon graduation no further schooling is needed.

(4) A proper division of funds which are presently being allo cated for secondary education so as to achieve an effective voca tional curriculum.

(5) Using funds presently earmarked for the purpose of build ing more classrooms, to build a comprehensive vocational program.

BE IT FURTHER RESOLVED that each legislative 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 ten 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 gov
ernment.

BE IT FURTHER RESOLVED that the Committee should issue a final report of its findings to the General Assembly by January 1, 1972.

TUESDAY, MARCH 2, 1971

1747

HR 301. By Messrs. Dailey of the 53rd, Rush of the 51st, Potts of the 30th, Jones of the 87th and others:

A RESOLUTION
Creating the Penal Affairs Study Committee; and for other pur poses.
WHEREAS, there has been considerable publicity concerning the operation of county work camps; and
WHEREAS, it is the opinion of the members of this Body that all county work camps should meet minimum standards or be closed; and
WHEREAS, it is the desire of the members of this Body to stay abreast of the activities in all of the penal systems of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Penal Affairs Study Committee to be composed of seven members of the House of Representatives to be appointed by the Speaker of the House of Repre sentatives. The Committee shall be authorized to investigate and inspect the facilities of any county work camp, State work camp and penal institution in the State of Georgia. The Director of the Board of Cor rections is hereby authorized and directed to cooperate to the fullest extent with the Committee during its deliberations. The Committee may hold such meetings at such places and at such times as it considers ex pedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the allowances authorized for legislative members of interim legis lative committees but shall receive the same for no more than fifteen days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1972 Session of the General As sembly of Georgia, at which time the Committee shall stand abolished.

HR 302, By Mr. Wamble of the 69th:
A RESOLUTION
Creating the University System Admissions Study Committee; and for other purposes.
WHEREAS, there is no uniform criteria, procedures or standards among the various units of the University System of Georgia in relation to the admission practices pertaining to students; and

1748

JOURNAL OP THE HOUSE,

WHEREAS, it appears that there is some virtue in providing for uniform standards, criteria, practice and procedures in relation to the admission of students within the University System of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the University Sys tem Admissions Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive investigation into the need for uniform standards, procedures and criteria for the admis sion of students into the various units of the University System of Georgia. The Committee shall be authorized to meet for a period not in excess of 15 days and shall make a report of its findings and recom mendations to the 1972 session of the General Assembly, at which time it shall stand abolished.

HR 303. By Messrs. Keyton and Russell of the 70th, Collins of the 62nd, Cole of the 3rd and Jessup of the 49th:
A RESOLUTION
Creating the Motor Vehicle Safety Responsibility Study Committee; and for other purposes.
WHEREAS, traffic safety and the aftermath of motor vehicle col lisions are of grave concern to the people of this State; and
WHEREAS, there is a need for information concerning the legal procedures connected with a motor vehicle collision, especially as con cerns the provisions of the Motor Vehicles Responsibility Act.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Motor Vehicle Safety Responsibility Study Committee, to be composed of five members of the House of Representatives. The Committee shall conduct a thorough study of the laws of this State and of other states relative to motor vehicle safety responsibility. The Committee shall be authorized to make such inquiries and investigations as it deems necessary in conducting 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 ac complish the objectives and purposes of this Resolution. The members of the Committee shall receive the expenses and allowances authorized for legislative members of interim legislative committees, but shall re ceive the same for no more than ten days, unless additional days are authorized by the Speaker of the House of Representatives. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of govern ment. The Committee shall make a report of its findings and recommen dations to the 1972 session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

TUESDAY, MARCH 2, 1971

1749

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

HR 304. By Mr. Sherman of the 80th:
A RESOLUTION
Relative to Railpax; and for other purposes.
WHEREAS, the Department of Transportation has recently made a proposal concerning rail transportation systems in the United States, known as Railpax; and
WHEREAS, this proposal includes proposed passenger service routes between New York City and New Orleans, Louisiana, by way of At lanta; and
WHEREAS, the Department of Transportation has recommended that a portion of the route between Columbia, South Carolina, and At lanta be routed through Augusta, Georgia; and
WHEREAS, said route from Atlanta via Augusta, Georgia, will furnish north-south access routes with fewer passenger transfers.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urge Railpax to consider and adopt the route from Atlanta, Georgia, via Augusta, Geor gia, as a portion of the New York to New Orleans passenger route.
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 Railpax.

HR 305. By Messrs. Adams, Lowrey and Toles of the 9th:
A RESOLUTION Commending Investigator Jim Free; and for other purposes.
WHEREAS, Federal, State and local law enforcement officers made a drug raid in Atlanta in early January which was a major blow against the "hard narcotics" traffic in the Atlanta and Rome areas; and
WHEREAS, Investigator Jim Free, who is the drug control officer for the Floyd County Police Department, supplied the "real break" which led to the narcotics crack-down; and
WHEREAS, Investigator Jim Free worked around the clock in gathering evidence for the arrest in the raid; and
WHEREAS, Investigator Free is considered one of the best quali fied narcotics men by the Georgia Drug Inspection Division.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Investi gator Jim Free for his hard work and effort in fighting the unlawful drug business in this area, particularly his effort in bringing about the large scale drug raid in January.

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 Investigator Jim Free.

HR 306. By Messrs. Adams of the 100th, Lane of the 101st, Savage of the 104th, Greer and Felton of the 95th and others:

A RESOLUTION
Commending the Honorable Franklin C. (Pepper) Rodgers, Jr.; and for other purposes.
WHEREAS, the Honorable Franklin C. (Pepper) Rodgers, Jr., has demonstrated outstanding citizenship, coaching abilities and athletic prowess, and has brought fame, honor and prestige to Georgia through his collegiate and professional football careers; and

WHEREAS, known to his friends as Pepper, he was born in At lanta, attended Brown High School, and led his football team to a State championship; and

WHEREAS, he later became a star in football at Georgia Tech, creating a number of records and playing in only one losing game as a collegiate; and

WHEREAS, upon graduation from Georgia Tech, he was a dis tinguished pilot in the Air Force, and while completing his service, was an assistant coach at the Air Force Academy; and

WHEREAS, thereafter, he became offensive coach at the University of Florida, contributing heavily towards Florida's setting a record of the most games won in its history; therefore, enabling the coach of the University of Florida to be named as the Coach of the Year; and
WHEREAS, the Honorable Pepper Rodgers became the offensive coach at U.C.L.A., aiding a low-ranked team to become the conference champion and the Rose Bowl victor, thus giving him the distinction of being the only man to participate in every major bowl, either as a coach or player; and
WHEREAS, he became the University of Kansas Head Coach, and, in his second year there, he was named Big Eight Coach of the Year after taking the Kansas Jayhawks to the Orange Bowl to play Penn State, the number one team in the nation; and
WHEREAS, Pepper Rodgers is now the Head Coach at U.C.L.A.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

TUESDAY, MARCH 2, 1971

1751

REPRESENTATIVES that members of this Body do hereby commend Franklin C. (Pepper) Rodgers, Jr., for his many outstanding achieve ments, and wish him continued success as Head Coach of the U.C.L.A. Bruins.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit a copy of this Resolution to Franklin C. (Pepper) Rodgers, Jr., to the Chancellor of U.C.L.A., and to the Athletic Director.

HR 307. By Messrs. Stephens of the 103rd, Felton of the 95th, Savage of the 104th, Brown of the 110th and many others:
A RESOLUTION
Relative to the salary discrepancy between firemen and policemen in the City of Atlanta; and for other purposes.
WHEREAS, there is a discrepancy in fireman's salaries and po licemen's salaries in the City of Atlanta; and
WHEREAS, the variation in salaries is making it difficult for the Fire Department to hire properly qualified persons; and
WHEREAS, the people of Atlanta deserve proper fire protection by properly qualified and trained persons.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby urge the City of Atlanta to reconsider the proposal to equalize the salaries of firemen and policemen.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to the Mayor, Vice Mayor and each member of the Board of Aldermen of the City of Atlanta.

HR 308. By Messrs. Moyer of the 41st, Hays of the 1st, Russell, Levitas and Farrar of the 77th and many others:
A RESOLUTION
Relative to Disabled American Veterans Fiftieth Anniversary; and for other purposes.
WHEREAS, the Disabled American Veterans is a Federally char tered veterans' organization established for the purpose of providing for the welfare of the service-connected disabled veteran and his de pendents; and

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WHEREAS, during the year 1971, Disabled American Veterans is celebrating its Fiftieth Anniversary; and

WHEREAS, this organization for fifty years has devoted itself to providing service to disabled veterans and their dependents; and

WHEREAS, Disabled American Veterans has also been a leader in sponsoring legislation for the benefit and welfare of our Nation's war time disabled and their loved ones; and

WHEREAS, it is fitting and proper that all Federal, State and local governments give recognition to this outstanding service and take due cognizance of the Fiftieth Year of assisting our Nation's war dis abled by this patriotic and humanitarian organization.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby desire to recog nize and pay tribute to the disabled American Veterans organization upon its Fiftieth Anniversary and does hereby declare the date of May 15th as a special day to honor the Disabled American Veterans.

BE IT FURTHER RESOLVED that this Resolution shall be dis tributed by the Clerk of the House of Representatives to State and local government offices so that they too may appropriately give recog nition to the Disabled American Veterans on this date.

BE IT FURTHER RESOLVED that this Resolution shall be for warded by said Clerk to the Disabled American Veterans National Headquarters with a request that the Resolution be displayed to all delegates attending the Fiftieth National Convention of the Disabled American Veterans which is to be held in Detroit, Michigan, August 8-13, 1971.

HR 309. By Messrs. Greer of the 95th, Phillips of the 29th, Felton of the 95th, Collins of the 62nd and many others:
A RESOLUTION
Expressing regrets at the passing of Honorable Walter R. Mc Donald; and for other purposes.
WHEREAS, Honorable Walter R. McDonald, member of the Public Service Commission, passed away on February 25, 1971; and
WHEREAS, he was born January 18, 1892 in Augusta, attended Richmond County schools, the Georgia Academy for the Blind, Overbrook School for the Blind, Brown College, and graduated from the University of Georgia Law School; and
WHEREAS, he began the practice of law in Augusta in 1914 and was elected to the House of Representatives from Richmond County in 1917, serving as member of the House until 1922; and

TUESDAY, MARCH 2, 1971

1753

WHEREAS, he was elected to the Georgia Public Service Commis sion in 1922, and has served continuously since that time, serving as Chairman from 1937 to 1949; and

WHEREAS, his handicap did not keep him from leading a full and active life; and

WHEREAS, his service as a member of the Public Service Com mission was outstanding and he was recognized and acknowledged as an expert in the field of utility regulation; and

WHEREAS, he was Director of the Freight Rate Section of the Southern Governors Conference and was the prime mover in obtaining equal freight rates between the North and the South; and

WHEREAS, he was President Emeritus of the Georgia Federation of the Blind, and a member of the Board of Trustees of the Community Services for the Blind; and

WHEREAS, he is survived by his wife, a daughter, Mrs. Frank C. Griffin of Waynesboro, and a son, Walter R. McDonald, Jr. of Atlanta.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that profound regrets are hereby expressed at the passing of Honorable Walter R. McDonald and deepest sympathy is hereby extended to the members of his family.

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 members of Mr. McDonald's family.

HR 310. By Mr. Housley of the 117th:
A RESOLUTION
Urging the State Department of Public Health to take immediate steps to abate the air pollution in a certain area of South Cobb County; and for other purposes.
WHEREAS, there are approximately 78 homes ranging in price from $25,000 to $35,000 located on Elmwood Circle and Elmwood Drive near 1-285 in South Cobb County; and
WHEREAS, the facilities of the City of Atlanta, the Georgia Power Company, a cement firm and a lumber yard are causing very serious air pollution problems in said area; and
WHEREAS, the residents of said area have taken all reasonable steps in urging the proper authorities to take the necessary action to abate said air pollution; and

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JOURNAL OP THE HOUSE,

WHEREAS, after two years of urging the persons in charge of the polluting facilities and the persons charged with enforcing the air pollution laws, no action has yet been taken to abate said air pollution.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Department of Public Health is hereby urged to take immediate steps to abate air pollution in that area of South Cobb County hereinabove described.

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 H. Venable, direc tor, Department of Public Health; Honorable William A. Hansell, Di rector, Division of Environmental Health, Department of Public Health; Honorable Robert H. Collom, Jr., Director, Air Quality Control Branch, Division of Environmental Health, Department of Public Health; Hon orable Sam Massell, Mayor of the City of Atlanta; and to Honorable Edwin I. Hatch, President, Georgia Power Company.

HR 311. By Mr. Edwards of the 45th:
A RESOLUTION
Commending and thanking Bill Birdsong; and for other purposes.
WHEREAS, even the worst looking members of the General As sembly have been made to look good because of the sharp eye and pro fessional picture-taking care of Bill Birdsong, photographer to the Governor and General Assembly; and
WHEREAS, the members of the General Assembly, ugly and other wise, are most grateful.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby commends and thanks Bill Birdsong for a job well done.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Mr. Bill Birdsong.

HR 312. By Messrs. Geisinger and Coiling of the 72nd, Floyd of the 75th, Adams of the 100th, Lane of the 101st and Collier of the 54th:
A RESOLUTION
Relative to the preservation of native trees, shrubs and plants; and for other purposes.
WHEREAS, many valuable and beautiful trees, shrubs and plants of this State are on the verge of extinction; and

TUESDAY, MARCH 2, 1971

1755

WHEREAS, past generations have been very wasteful of our heri tage of natural plant life; and

WHEREAS, there needs to be an awakening of public opinion as to the immediate necessity of preserving the beautiful trees, shrubs and plants of this State; and

WHEREAS, the destruction or removal of plant life from public or private lands should be prohibited without permission from the owner; and

WHEREAS, all departments of the State Government should strive to prohibit the wanton and willful destruction of native growth on lands belonging to the State; and

WHEREAS, the plants that should be protected are as follows: all species of ground pine, or club-moss, Lycopodium; climbing fern, Lygodium palmatum; walking fern, Camptosorus rhizophyllum; sea oats, Uniola paniculata; all species of Trillium; bead lily, Clintonia umbellulata and Clintonia boralis; swamp pink, Helonias bullata; all flypoisons and bunch-flowers of the genera Amianthium; Zygadenus, and Melanthium; sunnybells, Schoenolirium, endemic to the Granite Out crops; all native species of lilies, Lilium; spider lily, Hymenocallis; all species and genera of orchids of the family Orchidaceae; Talinums, endemic to the Granite Outcrops; golden-seal, Hydrastis canadensis; all species of pitcher plants, Sarracenia; all species of sundews, Drosera; grass-of-Parnassus, Parnassia; lupines, Lupinus; gay-wings, Polygala paucifolia; silky camellia, Stewartia malocodendron, and mountain camellia, Stewartia ovata; ginseng, Panax quinquefolium; all native species of Azalea and Rhododendron; tar flower, Befaria racemosa; all native species of laurel, Kalmia; Georgia plume, Elliottia racemosa sralax. Galax anhylla; all species of silverbell, Halesia; storax, Styrax grandifolia and Styrax americana; all species of gentians, Gentiana; indian paint brush, Castilleja coccinae; and Georgia feverbark, Pinckneya pubens.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body urges all Georgians to take pride in preserving and cultivating the native trees, shrubs and plants of this State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to the heads of the departments which ad minister the parks, highways, recreation centers, wildlife preserves and for other public areas.

HR 313. By Mr. Dean of the 19th:
A RESOLUTION
Commending the Cedartown High School Future Business Leaders of America; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, the Future Business Leaders of America Chapter at Cedartown High School is one of the finest and most outstanding stu dent organizations in the State; and

WHEREAS, the members of this organization are preparing them selves for useful occupations while taking an active interest in the better ment of the civic, social and political life of their community and State; and

WHEREAS, the manner in which the members of this organization complete all tasks assigned to them reflects credit on the members, their associates, their school, and their community; and

WHEREAS, this outstanding organization is the sponsor of many projects, including the operation of a stenographic bureau to assist teachers, a monthly newsletter, coordination of open house activities at Cedartown High School, a secretary for the day program, entry of a float in the annual homecoming parade and participation in FBLA fall planning conferences; and

WHEREAS, the Cedartown High School Chapter of the FBLA always participates in every event at the State FBLA Convention, hav ing won more honors at the 1970 State Convention than any other Chap
ter in Georgia; and

WHEREAS, under the leadership of a planning committee, composed of Miss Dixie Willis, Miss Holly Peace and Miss Charlotte Timms, the Chapter sponsored a very successful Youth Leadership Day; and
WHEREAS, the 215 dedicated members of this outstanding organi zation have demonstrated their leadership in many other activities; and
WHEREAS, the officers of the Cedartown High School Chapter of the FBLA are: Martha Dyer, President; Ann McElwee, Vice President; Polly Dempsey, Secretary; Sue McDonald, Treasurer; Sharon Morgan, Chaplain; Peggy Lynch, Historian; Nell Skates, Degrees Chairman; Barbara Johnson, Assistant Degrees Chairman; Tony Jones, Parlia mentarian; and Charlotte Timms, Reporter; and
WHEREAS, the Advisors of this outstanding Chapter are: Mrs. Janeen Josey, Mrs. Mary Brewster, Mrs. Sandra Turkett and Miss Alyce Davis.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Cedartown High School Chapter of FBLA for their many outstanding achievements and for their dedicated service to their com munity and State.
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 the Cedartown High School Chapter of the FBLA, to Cedartown High School, and to each person hereinabove named.

TUESDAY, MARCH 2, 1971

1757

HE 314. By Mr. Dean of the 19th:

A RESOLUTION
Commending the Brewster-Cleveland Post No. 86 of the American Legion; and for other purposes.
WHEREAS, the Brewster-Cleveland Post No. 86 of the American Legion of Cedartown, Georgia, is one of the most outstanding civic or ganizations in the State of Georgia; and
WHEREAS, the members of this Post have freely donated many hours to the improvement of the civic, social, political and cultural life of their community and State; and
WHEREAS, this outstanding organization, whose motto is "Service not Self", sponsors and participates in many worthwhile activities, in cluding participation in Boys State, sponsorship of Boy Scout Troop No. 115, sponsorship of a Midget Football Team and their cheerleaders for boys ages 11 through 13, sponsorship of an Annual Christmas Party for Veteran's children and underprivileged children in the community, school lunches for underprivileged children, donation to two local orphanages, the Ethel Harpst Home and Sara Murphy Home, donation of time and money to the local School for Exceptional Children, support of various clubs, departments and athletic activities in the local schools, Christ mas baskets for needy families, and to deceased Veteran's widows and children, provision of an Honor Guard for military funerals for Veterans, participation in Cedartown Red Cross Blood Program and many other worthwhile activities; and
WHEREAS, the Brewster-Cleveland Post No. 86 promotes patrio tism by placing pamphlets on flag etiquette in the schools, and donating flags and flag poles to local schools, orphanages and Boy Scout organiza tions; and

WHEREAS, the officers of this 347 member Post are: Jack Coffman, Commander; Jack Evans, Senior Vice Commander; D. L. Richard son, Junior Vice Commander; Roy Pruitt, Adjutant; Rev. J. B. McAdams, Chaplain; James Graham, Service Officer; J. L. Battson, His torian; James Graham, Finance Officer; Elbert Holbrooks, Sergeant at Arms; and

WHEREAS, the members of the Executive Board are: Sorrels God win, Olin Franklin and Ben Ferguson.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Brewster-Cleveland Post No. 86 of the American Legion for their many outstanding contributions to the civic, social, economic, political and cultural life of their community and State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap-

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JOURNAL OF THE HOUSE,

propriate copy of this Resolution to the Brewster-Cleveland Post N<x 86 of the American Legion and to each person hereinabove named.

HR 315. By Mr. Dean of the 19th:

A RESOLUTION
Commending the Rockmart High School Yellow Jackets Football Team; and for other purposes.
WHEREAS, the Rockmart High School Yellow Jackets Football Team is one of the most outstanding football teams in the State of Georgia; and
WHEREAS, this Region 4A team compiled the amazing record of nine wins as against only one loss during the 1970 season; and
WHEREAS, the members of this team displayed amazing offensive and defensive abilities which can only be attributed to the outstanding drive, determination, and physical conditioning of the members of this team and the high caliber of the coaching staff; and
WHEREAS, the members of this team are: Chris Williams, Phil Statham, Butch Culver, Alton Mitchell, Ronnie Davis, George Woolfrok, Denny Brumbelow, David Henderson, Steve Shelly, Randy Grogan, Wil liam Hudson, Steve Mason, John Jones, Don Wolfe, Van Keller, Bob Carlton, Rickey Sorrells, Dan Casey, Earl Smith, Keith Sorrells, Tim Yarbrough, Chan Cook, Rickey Morgan, David Williams, Eugene Sigers, Randy Stone, Randy Goss, Charles Goss, Mike Statham, Lee Simpkins, Olie Gaston, Tony Coalson, Jeff Ellis, Lanny Ealey, Robert Williams, Bill Dean, Lee Hayes, Randy Maulding, Keith Lindsey, Carl Hayes and Freddie Dunn; and
WHEREAS, the captains of the Yellow Jackets are: Randy Stone, Butch Culver and Eugene Sigers; and
WHEREAS, Principal Bill Keller and Coaches Ed Pharo, Guy Rutland and Bill Powell have set an outstanding example of leader ship and good sportsmanship for the members of this team; and
WHEREAS, Phil Patat and David Brumbelow are the trainers of this team and Kirt Sproull, Lowell Pinkard, Rufus Mitchell and Ken neth Borders are managers of the Yellow Jackets; and

WHEREAS, Sheila Paschal, Lisa Thompson, June Thompson, Nan Johnson, Nancy Cole, Barbara Fulford, Marty McRae and Nancy Collum have provided outstanding moral support to the team through their excellent abilities as cheerleaders.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart Yellow Jackets Football Team, their Principal,

TUESDAY, MARCH 2, 1971

1759

coaches, trainers, managers and cheerleaders for their outstanding record of achievement and for the sportsmanship which they have dis played during the 1970 football season.

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 Rockmart High School and to each person hereinabove named.

HR 316. By Messrs. Dean and Murphy of the 19th:
A RESOLUTION
Commending the Kermit Chambers Post No. 7402 of the Veterans of Foreign Wars; and for other purposes.
WHEREAS, the Kermit Chambers Post No. 7402 of the Veterans of Foreign Wars of Bremen, Georgia, is one of the most outstanding civic organizations in this State; and
WHEREAS, the Kermit Chambers Post has consistently provided inspiration to the citizens of Haralson County and the State of Georgia through its promotion of the ideals of good citizenship and patriotism; and
WHEREAS, this organization has participated in many worthwhile projects, including a Christmas party for needy children, sponsorship of the Voice of Democracy Program in local schools, sponsorship of a Boy Scout Troop, maintenance of twenty wheelchairs which are loaned to needy citizens, and donations to many worthwhile organizations, includ ing Boy Scouts and Girl Scouts, Bremen High School Band, Haralson High School Band, Georgia Sheriff's Boys' Ranch, Red Cross, March of Dimes, Cystic Fibrosis and many others; and
WHEREAS, the officers of the Kermit Chambers Post are Com mander, J. W. Gray; Senior Vice Commander, Lester Wright; Junior Vice Commander, Eugene Dixon; Quartermaster, H. A. Rainwater; Judge Advocate, Harvey Ford, Chaplain, Forest D. Johnson; Surgeon, Malcom C. Watkins; Trustees, Hubie R. Mote, Cecil M. Lyle and George J. Kock, Jr.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby recognize and com mend the Kermit Chambers Post No. 7402 of the Veterans of Foreign Wars for their many outstanding accomplishments and for their record of dedicated service to their community and State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to the Kermit Chambers Post No. 7402 of the Veterans of Foreign Wars and to each person hereinabove named.

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JOURNAL OF THE HOUSE,

HR 317. By Messrs. Jones of the 87th, Battle of the 90th, Hill of the 94th, Blackshear of the 91st and others:

A RESOLUTION
Commending the Bethesda Home for Boys; and for other purposes.
WHEREAS, the Bethesda Home for Boys located in Chatham Coun ty was founded in 1740 by the Rev. George Whitefield, Curate of the Georgia Colony; and
WHEREAS, Bethesda is the oldest orphanage in the United States and will celebrate its 231st year of continuous existence on April 24, 1971; and
WHEREAS, Bethesda has given hope, inspiration, character, courage and happiness to over 8,000 boys during its long history; and
WHEREAS, the fact that the alumni of Bethesda have consistently been outstanding citizens gives testimony to the overall excellence of this remarkable institution; and
WHEREAS, many of Bethesda's alumni have become distinguished leaders in many fields of endeavor; and
WHEREAS, many of Bethesda's alumni served with honor and dis tinction in the Armed Forces of the United States and several have paid the supreme sacrifice in the service of their country; and
WHEREAS, in the Old Testament, the word "Bethesda" means "House of Mercy", and the Bethesda Home for Boys could not be named more appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Bethesda Home for Boys for its long history of outstanding public service in providing a home and an excellent environment for orphaned boys.
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 Bethesda Home for Boys, the Union Society and the Bethesda Alumni Association.

HR 318. By Messrs. Sweat and Dixon of the 65th:
A RESOLUTION
Expressing regret at the passing of Honorable Scott T. Beaton; and for other purposes.

TUESDAY, MARCH 2, 1971

1761

WHEREAS, Honorable Scott T. Beaton of Waycross, Georgia, passed away on Saturday, February 20, at the age of 92; and

WHEREAS, he was one of Georgia's most outstanding citizens having served as a member of the Georgia House of Representatives and as Mayor of the City of Waycross and having held other positions of honor and trust; and

WHEREAS, while a member of the House of Representatives in the early 1930's, he led the fight that eventually provided free school textbooks for the children of our State; and

WHEREAS, he was very prominent in the progress and develop ment of his community for many years and set an excellent example of dedicated and able leadership in the many causes he championed; and

WHEREAS, he is survived by a son, Mr. Earl L. Beaton, two daugh ters, Mrs. J. S. Thomas and Mrs. Cecil B. Ragsdale, two granddaughters and three great grandchildren

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby ex press their deepest regrets at the passing of Honorable Scott T. Beaton and their sincerest sympathy for the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Earl L. Beaton and Mrs. Cecil B. Ragsdale of Waycross, Georgia, and to Mrs. J. S. Thomas of Holly wood, Florida.

HB 319. By Mr. Dean of the 19th:
A RESOLUTION
Commending the Police Department of the City of Rockmart; and for other purposes.
WHEREAS, the Police Department of the City of Rockmart is one of the most efficient and effective law enforcement agencies in the State of Georgia; and
WHEREAS, this outstanding Police Department has continuously employed the most modern investigative techniques; and
WHEREAS, the members of the Police Department of the City of Rockmart have given freely of their time and energy to improve the eco nomic, social, civic and political life of their community and State and have participated in many worthwhile projects, including assistance to the bloodmobile campaigns, providing assistance with traffic control at athletic events and participation in many civic organizations; and

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WHEREAS, the members of this Department are Bobby L. Burch, Chief, and Officers Joe Franklin Bowman, Joe L. Campbell, Guy F. Davenport, Doyal E. Elsberry, R. C. Graham, Leona R. Griggs, Thomas Ronald McElheney, Robert S. Sparks, Ralph G. Thomason, Jerry Doug las Thompson, William F. Wills, Carl Barrett and Officer R. N. Hayes, who is assigned to the Rockmart Fire Department; and

WHEREAS, the Police Auxiliary consists of Sarah R. Barrett, Charles Edward Goggins and Grace S. McBurnette.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Police Department of the City of Rockmart for their many outstanding contributions to the civic, social, economic and political life of their 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 the Police Department of the City of Rockmart and to each member hereinabove named.

HR 320. By Messrs. Adams of the 100th and Lane of the 101st:
A RESOLUTION
Commending the Honorable Fred T. McCrary, and for other pur poses.
WHEREAS, the Honorable Fred T. McCrary has served as an employee of Fulton County, Georgia, for more than fifty years, and through his ability, dedication and loyalty has risen to the high posi tion of Assistant Treasurer of Fulton County; and
WHEREAS, the Honorable Fred T. McCrary, son of John Oscar McCrary who served as a Fulton County policeman for thirty-five years, and husband of Thelma Edgar McCrary, who served as an employee of Fulton County for Twenty-five years; and
WHEREAS, Mr. McCrary, his wife, and father, served Fulton County for more than one hundred ten years; and
WHEREAS, Mr. McCrary has been an inspiration to all career employees in the public service and has achieved many beneficial as pirations in life which have been followed by his friends and benefactors.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that the Honorable Fred T. McCrary is commended for his outstanding service to Fulton County, Georgia, and to the State of Georgia as a whole and the General As sembly of Georgia expresses its gratitude to Mr. McCrary for his serv ice.

TUESDAY, MARCH 2, 1971

1763

BE IT FURTHER RESOLVED that the Clerk of the House is iiereby authorized to transmit appropriate copies of this Resolution to the Honorable Fred T. McCrary.

HR 321. By Messrs. Berry and Thompson of the 85th, Pearce, Buck and Pickard of the 84th and Davis and King of the 86th:
A RESOLUTION
Expressing deepest regrets at the passing of Dr. Roy L. Gibson; and for other purposes.
WHEREAS, Dr. Roy L. Gibson, a prominent Columbus physician and civic leader, passed away Friday, February 19, 1971, at the age of 61; and
WHEREAS, he was a member of the State Board of Health since 1964, where he actively sought the establishment of eight regional mental hospitals, and he was Chairman of the Board's Mental Health Committee; and
WHEREAS, he was a veteran of World War II, during which he was a major and a member of the Emory University medical unit; he was a trustee of his alma mater, the Medical College of Georgia at Augusta, from which he received a medical degree in 1935; in 1931 he had received an A.B. degree from Emory University; and
WHEREAS, a former chief of staff of the Medical Center, he was past president of the Muscogee County Medical Society, a member of the Medical Association of Georgia, the Southern Medical Association, the American Medical Association, the American College of Surgeons and the American College of Obstetricians and Gynecologists; in 1969 he received the Sertoma Club's "Service to Mankind" award; and
WHEREAS, he was a member of Trinity Episcopal Church, the Kiwanis Club of Columbus, and was a trustee of Andrew College, Cuthbert; and
WHEREAS, he is survived by his lovely wife, the former Frances Lummus Mayher.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body expresses its deepest regrets at the passing of Dr. Roy L. Gibson.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Mrs. Roy L. Gibson.

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JOURNAL OF THE HOUSE,

HR 322. By Mrs. Merritt of the 46th:

A RESOLUTION

Expressing sympathy at the passing of Honorable Alien E. Lockerman; and for other purposes.

WHEREAS, the Honorable Alien E. Lockerman recently passed away at the age of 92; and

WHEREAS, Mr. Lockerman served as Clerk of Macon County for many years; and

WHEREAS, Mr. Lockerman enjoyed a reputation of being a gen tleman of the highest integrity and honesty while discharging the official duties of his office; and

WHEREAS, the many contributions which this distinguished citi zen made to his community and State will be truly missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to the mem bers of the family of the late Alien E. Lockerman and his many friends throughout the State of Georgia its most heartfelt and deepest regrets at the passing of one of this State's most outstanding 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 members of the family of the late Alien E. Lockerman.

HR 323. By Messrs. Smith and Adams of the 39th:
A RESOLUTION
Commending Miss Marion Bush; and for other purposes.
WHEREAS, Miss Marion Bush, a longtime resident of the City of Barnesville, has endeared herself to the citizens of said city and to Lamar County through her never ending devotion to the programs of the youth of her community; and
WHEREAS, Miss Bush, for many years, has been a teacher in the public school system of her community; and
WHEREAS, for approximately one-half century, Miss Marion Bush has been the minister of Music of the First Baptist Church of Barnes ville; and
WHEREAS, it is only befitting and proper that this body recog-

TUESDAY, MARCH 2, 1971

1765

nize the many outstanding contributions which Miss Marion Bush has made to her community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Miss Marion Bush for her long and active life and for her participation and dedica tion to the youth of her community and State, and does congratulate her for her many outstanding contributions to the civic, religious and community life of her 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 Miss Marion Bush.

SR 91. By Senators Plunkett of the 30th, Holloway of the 12th, Gillis of the 20th and others:
A RESOLUTION
Congratulating a marvelous man on his twenty-fifth anniversary as Secretary of State; and for other purposes.
WHEREAS, today marks the twenty-fifth anniversary of the Honorable Ben W. Fortson, Jr., as Secretary of State; and
WHEREAS, on February 25, 1946, he was appointed by Governor Ellis Arnall to fill the unexpired term of John B. Wilson, who died in office, and since the moment he took office, the Honorable Ben W. Fortson has devoted his energies toward doing his job with accuracy, effi ciency, fairness and love; and
WHEREAS, he is well known across the nation for his dedication to duty and his inspiring love of mankind; and
WHEREAS, he was born in Wilkes County on December 19, 1904, and before entering public life as a member of the Senate in 1938, he attended Emory at Oxford and Georgia Tech, and worked as a banker; and
WHEREAS, the Honorable Ben W. Fortson, Jr., has received num erous honors and awards for accomplishments, some of which are as follows: Honorary Degree, Doctor of Laws, John Marshall Law School; Citation, National Association of Secretaries of State; Honorary Mem bership, Georgia Chapter Federal Bar Association; Conservancy Award, Georgia Society Registered Professional Sanitarians; Certificate of Honor, Atlanta Men's Garden Club; Certificate of Merit, Garden Club of Georgia; Atlanta Beautiful Commission Citation; American Heritage Award; "Great Georgian" Award, Atlanta Federal Savings and Loan Association and WSB; Georgia Association of Broadcasters "Georgian of the Year"; Humanitarian Award, Georgia Chiropractic Association; Service to Humanity Award, Georgia Jaycees; Inspiration Award, Association of the United States Army; and

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JOURNAL OF THE HOUSE,

WHEREAS, the people of the State of Georgia are extremely for tunate to have a man of Ben Fortson's character and capabilities run ning the helm of the office of Secretary of State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby congratulates the Honorable Ben W. Fortson, Jr., upon his twenty-fifth anniversary as Secretary of State, and further, this Body thanks him for having served as he has--honorably and capably.

BE IT FURTHER RESOLVED that the Secretary of the Senate transmit a copy of this Resolution to the Honorable Ben W. Fortson, Jr.

SR 102, By Senators Hudgins of the 15th and Jackson of the 16th:
A RESOLUTION
Expressing deepest regrets at the passing of Dr. Roy L. Gibson; and for other purposes.
WHEREAS, Dr. Roy L. Gibson, a prominent Columbus physician and civic leader, passed away Friday, February 19, 1971, at the age of 61; and
WHEREAS, he was a member of the State Board of Health since 1964, where he actively sought the establishment of eight regional mental hospitals, and he was Chairman of the Board's Mental Health Committee; and
WHEREAS, he was a veteran of World War II, during which he was a major and a member of the Emory University medical unit; he was a trustee of his alma mater, the Medical College of Georgia at Au gusta, from which he received a medical degree in 1935; in 1931 he had received an A.B. degree from Emory University; and
WHEREAS, a former chief of staff of the Medical Center, he was past president of the Muscogee County Medical Society, a member of the Medical Association of Georgia, the Southern Medical Association, the American Medical Association, the American College of Surgeons and the American College of Obstetricians and Gynecologists; in 1969 he received the Sertoma Club's "Service to Mankind" award; and
WHEREAS, he was a member of Trinity Episcopal Church the Kiwanis Club of Columbus, and was a trustee of Andrew College, Cuthbert; and
WHEREAS, he is survived by his lovely wife, the former Frances Lummus Mayher.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL

TUESDAY, MARCH 2, 1971

1767

ASSEMBLY OF GEORGIA that this Body expresses its deepest regrets. at the passing of Dr. Roy L. Gibson.

BE IT FURTHER RESOLVED that the Secretary of the Senate transmit a copy of this Resolution to Mrs, Roy L. Gibson.

SR 104. By Senators Stephens of the 36th, Kidd of the 25th, Garrard of the 37th and others:
A RESOLUTION
Commemorating the Disabled American Veterans fiftieth anni versary; and for other purposes.
WHEREAS, the Disabled American Veterans is a federally char tered veteran's organization established for the purpose of providing for the welfare of the service-connected disabled veteran and his de pendents; and
WHEREAS, during the year 1971, this marvelous organization is celebrating its fiftieth anniversary; and
WHEREAS, for fifty years, the Disabled American Veterans has devoted itself to providing service to disabled veterans and their de pendents; and
WHEREAS, the Disabled American Veterans has also been a leader in sponsoring legislation for the benefit and welfare of our nation's war time disabled and their loved ones; and
WHEREAS, it is only fitting and proper that all federal, state and local governments give recognition to this outstanding service and take due cognizance of the fiftieth year of assisting our nation's war dis abled by this patriotic and humanitarian organization.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby recognizes and pays tribute to the Disabled American Veterans organization upon its fiftieth anniversary and declares the date of May 15 as a special day to honor the Disabled American Veterans.
BE IT FURTHER RESOLVED that this Resolution shall be for warded by the Secretary of the Senate to the Disabled American Vet erans National Headquarters with a request that the Resolution be dis played to all delegates attending the Fiftieth National Convention of the Disabled American Veterans which is to be held in Detroit, Michi gan, August 8-13, 1971.

The Speaker Pro Tern assumed the Chair.

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JOURNAL OF THE HOUSE,

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

HB 698. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to permit the trustees of any trust or any corporation which is treated as a private foundation under the In ternal Revenue Code of 1954 may distribute its net income but may elect to expend cash or certain securities from principal for the pur pose of avoiding the imposition of certain taxes on such trust; and for other purposes.

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, G. D. Adams, Marvin Alien Atherton Battle Bennett, Tom Black Blackshear Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Chandler Chappell Cheeks Clements Cole Collier Collins, S. Conger Connell Cook Davis, B. T. Davis, W. Dent Dixon

Edwards Parrar Ployd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes
Housley Howard Howell Hudson, Ted Hutchinson Jessup Jones, Herb Jones, J. R. King Knight

Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan
Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford
Miller Moore Morgan Moyer Mulherin Mullinax Murphy
Nessmith

Northcutt Nunn Odom Oxford Patterson Patten Phillips, G. S. Phillips, W. B. Poole Roach Boss Bush Russell, A. B.

TUESDAY, MARCH 2, 1971

1769

Russell, W. B. Salem Scarborough Shanahan Sherman Smith, H. B. Smith, V. T. Sorrells Strickland Sweat Thompson Triplett Tripp

Turner Vaughn Wamble Ware
Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood

Those not voting were Messrs.:

Adams, John Alexander, W. H. Alexander, W. M. Barfield Bell Bennett, J. T. Berry Bohannon Bond
Bostick Bowen Brown, B. D. Buck Carr Carter Chance Collins, M. Colwell Coney, G. D. Coney, J. L. Dailey Daugherty Dean, Gib Dean, J. E.

Dean, N. Dorminy Drury Egan Evans Ezzard Felton Gary Granade Greer Hadaway Hill, B. L. Hill, G.
Hood Horton Hudson, C. M. Isenberg
Johnson Jordan Keyton Knowles Lambert
Leggett Longino

Lowrey McCracken Merritt Noble Pearce Peters Phillips, L. L. Pickard Pinkston Potts Rainey Reaves Russell, H. P. Savage Shepherd Sims Smith, J. R. Snow Stephens Thomason Toles Townsend Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 492. By Messrs. Collier of the 54th, Smith, Cole and Turner of the 3rd, Salem of the 51st, Westlake and Floyd of the 75th and others:
A Bill to be entitled an Act to amend Code Chapter 93-3, relating to jurisdiction, powers and duties of the Public Service Commission, so as

1770

JOURNAL OF THE HOUSE,

to authorize the Commission to consider certain factors when fixing rates of public utilities under its jurisdiction; and for other purposes.

The following amendment was read and adopted:

Mr. Collier of the 54th moves to amend HB 492 as follows:
By inserting on line 26 of page 1, after the period, the following new sentence:
"Nothing herein shall be construed to deny any public utility a reasonable rate of return upon its rate base.";
and by striking the words "duty and" from line 27 of page 1, and by striking the word "hear" in said line and by inserting in lieu thereof the word "consider".

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 98, nays 0.

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

HB 42. By Messrs. Bennett of the 71st and Bostick of the 63rd:
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 prior service credit for time spent as a teacher in Ameri can Dependents' Schools located overseas or within the continental limits of the United States; and for other purposes.

The report 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 1.

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

TUESDAY, MARCH 2, 1971

1771

HB 382. By Messrs. Peters of the 2nd, Snow, Clements and Hays of the 1st and Hudson of the 48th:
A Bill to be entitled an Act to provide that no person, firm or corpora tion shall transport, on a continuing basis, garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, unless permission is first obtained from the governing authority of the county in which the dump is located; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that no person, firm or corpora tion (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, whether or not it is to be dumped at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located; to repeal conflicting laws; and for other purposes.
Be it entitled by the General Assembly of Georgia:
Section 1. No person, firm or corporation (or employee of any mu nicipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, whether or not it is to be dumped at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located.
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 98, nays 0.

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

HB 377. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to provide certain exclusions from

1772

JOURNAL OP THE HOUSE,

the implied warranty of merchantability and the implied warranty of fitness for a particular purpose; and for other purposes.

The following amendment was read:

Mr. Ham of the 33rd moves to amend HB 377 by adding after the word "body" on line 22, page 1 the following:

"Provided the person receiving said whole human blood, blood plasma, blood products, blood derivatives or other human tissue or organs shall be notified as to whether or not said products were donated or purchased from the original donor, prior to injection."

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

Those voting in the affirmative were Messrs.

Battle Bray Coney, G. D. Dixon Evans Gary Ham Harrington

Hawes Howard King Knight Knowles Lee, W. J. (Bill) Mauldin McDaniell

Moyer Mullinax Nessmith Northcutt Phillips, W. R. Potts Smith, H. R. Sweat

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, G. Brown, S. P. Buck Busbee Carter Chandler

Chappell Clements Cole Collier Collins, S. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dorminy Drury Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Geisinger Grahl Granade Grantham

Gunter Hadaway Harris Harrison Hays Hill, B. L. Hill, G. Horton Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S.

Leggett Levitas Lewis Logan Marcus Mason Matthews, C. Maxwell Melton Milford Miller Moore Morgan Nunn
Oxford Patterson Patten

TUESDAY, MARCH 2, 1971

1773

Peters Phillips, G. S. Phillips, L. L. Poole Rainey Reaves Roach
Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd
Sherman

Smith, J. R. Smith, V. T. Stephens Strickland Thomason Townsend Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood

Those not voting were Messrs. :

Adams, John Bohannon Bond Brown, B. D. Burruss Carr Chance Cheeks Collins, M. Colwell Coney, J. L. Conger Dailey Daugherty Dean, N. Edwards Egan

Ezzard Gaynor Gignilliat Greer Griffin Hamilton Hood Housley Johnson Keyton Kreeger Longino Lowrey Matthews, D. R. McCracken McDonald Merritt

Miles Mulherin Murphy Noble Odom Pearce Pickard Pinkston Salem Sims Snow Sorrells Thompson Toles Ware Williams Mr. Speaker

On the adoption of the amendment, the ayes were 24, nays 120. The amendment was lost. Mr. Isenberg of the 67th moved that HB 377 be placed on the table. On the motion, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Alexander, W. H. Alien Bennett, Tom Black Bohannon Bostick Bray Brown, S. P. Coney, G. D. Coney, J. L. Davis, E. T. Dent

Edwards Evans Fraser Gary Ham Hamilton Hill, B. L. Howard Hudson, C. M. Isenberg Jones, Herb Knight

Knowles Kreeger Leggett Miles Moyer Mullinax Nessmith Potts Scarborough Smith, H. R. Tripp Wilson

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Berry Blackshear Bo wen Brantley, H. H. Brantley, H. L. Brown, C. Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collins, S. Conger Connell Cook Davis, W. Dean, Gib Dixon Dorminy Drury Felton Floyd, J. H. Geisinger Grahl Granade

Grantham Greer Griffin Gunter Harrington Harris Harrison Hawes Hays Hill, G. Horton Howell Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Jordan King Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Matthews, D. R. Mauldin Maxwell Melton Merritt Milford

Miller Moore Morgan Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L.. Poole Rainey Reaves Roach Rush Russell, A. B. Salem Savage Shanahan Sims Smith, J. R. Smith, V. T. Stephens Strickland Sweat Townsend Triplett Turner Vaughn Wamble Westlake Wheeler, Bobby Whitmire Wood

TUESDAY, MARCH 2, 1971

1775

Those not voting were Messrs.:

Adams, John Battle Bond Brown, B. D. Buck Burruss Chance Collier Collins, M. Colwell Dailey Daugherty Dean, J. E. Dean, N. Egan Ezzard Farrar Floyd, L. R. Gaynor

Gignilliat
Hadaway Hood Housley Keyton Lambert Larsen, W. W. Longino Mason Matthews, C. McCracken McDaniell McDonald Mulherin Murphy Noble Northcutt Nunn Odom

Pearce Phillips, W. R. Pickard Pinkston Ross Russell, H. P. Russell, W. B. Shepherd Sherman Snow Sorrells Thomason Thompson Toles Ware Wheeler, J. A. Williams Mr. Speaker

On the motion to table, the ayes were 36, nays 103.

The motion was lost.

The report of the Committee, which was favorable to the passage of the T5ill, 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, G. D. Barfield Bell Bennett, J. T. Berry Black Bo stick Bowen Brantley, H. H. Brown, C. Burruss Busbee Carr Carter

Cbappell Clements Cole Collins, M. Collins, S. Coney, J. L. Cook Davis, W. Dean, Gib Dorminy Drury Edwards Felton
Floyd, J. H.

Geisinger Grahl Granade Grantham Greer Karris Harrison Hawea Hays Howell Hudson, C. M. Hudson, Ted Hutchinson Johnson

1776
Jones, Herb Jones, J. R. Jordan Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Logan Lowrey Marcus Matthews, C. Matthews, D. R. Maxwell Melton Merritt Nessmith

JOURNAL OF THE HOUSE,

Noble Oxford Peters Phillips, G. S. Phillips, L. L. Pickard Poole Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Shanahan Sims

Smith, V. T. Snow Sorrells Stephens Strickland Thomason Townsend Triplett Turner Vaughn Wamble Westlake Wheeler, Bobby Whitmire Wood

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bennett, Tom Blackshear Bohannon Brown, S. P. Chandler Coney, G. D. Connell Davis, E. T. Dent Egan Evans Fraser

Ham Hamilton Harrington Hill, B. L. Horton Howard Isenberg Jessup King Knight Knowles Kreeger Lambert, Roy Lee, W. S. Leggett Lewis Mauldin McDaniell

Miles Milford Miller Moore Morgan Moyer Mullinax Nunn Patterson Patten Pearce Phillips, W. R. Potts Scarborough Smith, H. R. Smith, J. R. Tripp Wilson

Those not voting were Messrs.:

Battle Bond Brantley, H. L. Bray Brown, B. D. Buck Chance Cheeks Collier Colwell Conger Dailey

Daugherty Dean, J. E. Dean, N. Dixon Ezzard Farrar Floyd, L. R. Gary Gaynor Gignilliat Griffin Gunter

Hadaway Hill, G. Hood Housley Keyton Le vitas Longino Mason McCracken McDonald Mulherin Murphy

Northcutt Odom Pinkston Ross Salem

TUESDAY, MARCH 2, 1971

1777

Shepherd Sherman Sweat Thompson Toles

Ware Wheeler, J. A. Williams Mr. Speaker

On the passage of the Bill, the ayes were 91, nays 54.

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

Mr. Levitas of the 77th stated that he had been called from the floor of the "Haoyues"e. when the roll was called on HB 377, and wished to be recorded as voting

HB 140. By Messrs. Moore of the 6th, Phillips of the 50th, Farrar of the 77th and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the calculation of the amounts to be raised by local units of administration in support of the Minimum Foundation Program of Education; and for other purposes.

The following Committee amendment was read:
The Committee on Education moves to amend HB 140 as follows:
By striking from the 13th line of page 2 the following: "This amount",
and by inserting in lieu thereof the following: "For the 1971-72 school year, beginning July 1, 1971, this
amount"; and
By adding after the words "independent school systems.", on line 17 of page 2 the following:
"For the 1972-73 school year, beginning July 1, 1972, this amount shall be prorated between the systems by adding 22 2/9 per cent to the county equalized adjusted school property tax digest of all property located within the territory of the independent school systems. For the 1973-74 school year, beginning July 1, 1973, this amount shall be prorated between the systems by adding 11 1/9

1778

JOURNAL OF THE HOUSE,

per cent to the county equalized adjusted school property tax digest of all property within the territory of the independent school sys tems. Thereafter, this amount shall be prorated between the sys tems by using the actual equalized adjusted school property tax digest of each system within the county."

An amendment to the Committee amendment, offered by Mr. Lane of the 101st, was read and lost.

The Committee amendment was adopted.
The following substitute, offered by Mr. Levitas of the 77th, was read:
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 delete the provision relative to local units' share of the cost of the Statewide public school educational television program; to provide that the minimum foundation program of education for each local unit of administration shall be paid entirely from State funds except under certain circumstances; to provide for said circumstances; to provide for all matters relative to the foregoing; to repeal a certain specific Act; to provide that this Act shall become effec tive only under certain circumstances; to provide for said circumstances; 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 "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by striking paragraph (k) of Section 10 in its entirety and by striking from the second sentence of the last undesigiiated paragraph of Section 10 the following words:
"less the amount of funds to be raised by the local unit in sup port of said program, which shall be determined in accordance with the financial ability of the local unit calculated in the manner pro vided in Section 22 of this Act.",
and by inserting a period immediately following the word "administra tion" where it appears immediately preceding said striken language, so that when so amended said last paragraph of Section 10 shall read as follows:
"The sum arrived at in the manner provided above shall be known as the calculated cost of providing a minimum foundation program of education in the local unit of administration. The

TUESDAY, MARCH 2, 1971

1779

amount of State funds which shall be allocated to each local unit of administration in support of such program by the State Board of Education shall be the sum determined above as the calculated cost of providing a minimum foundation program of education in the local unit of administration. The sum of the calculated cost of providing a minimum foundation program of education in all local units of administration combined shall be known as the calculated cost of the Statewide minimum foundation program."

Section 2. Said Act is further amended by striking Section 22 in its entirety and substituting in lieu thereof a new Section 22 to read as follows:

"Section 22. State funding of minimum foundation program.

(A) Except as otherwise provided in subsection (B) of this Section and any other provisions of this Act to the contrary not withstanding, effective for the 1971-72 school year, beginning July 1, 1971, and for each year thereafter, the full cost of funding the minimum foundation program of education for each local unit of administration shall be paid entirely from State funds.

(B) Each local unit of administration may reduce its ad va lorem tax millage rate levied for educational purposes by any amount it finds to be fiscally appropriate as a result of 100% State funding of its minimum foundation program of education. However, in order to qualify for 100% State funding each local unit of ad ministration, effective July 1, 1971, shall reduce said tax millage rate by a minimum of three mills from the amount of the tax levied by the local unit of administration for the fiscal year 1970-71. Any local unit failing to reduce said tax millage rate by said three mills shall forfeit the right to have its minimum foundation program of education paid entirely from State funds, and the amount of funds raised by said three mills or any portion thereof levied by said local unit of administration shall be deducted from the amount of State funds that otherwise would have been payable to said local unit of administration."
Section 3. An Act requiring the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and per sonal property exempted from taxation for school purposes, approved March 20, 1970 (Ga. Laws 1970, p. 542) is hereby repealed in its en tirety.
Section 4. This Act shall become effective only in the event the tax levied by the Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" approved February 20, 1951 (Ga. Laws 1951, p. 380), as amended, is increased from 3% to 4% and such increase be comes effective by not later than July 1,1971.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

1780

JOURNAL OP THE HOUSE,

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

Those voting in the affirmative were Messrs.

Brown, C. Carter Collins, M. Coney, G. D. Harrison

Levitas Lewis Miller Moyer Nunn

Pinkston Salem Sorrells Strickland Wamble

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, J. L. Conger Connell Cook Daugherty

Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Mulherin

Mullinax Murphy Nessmith Northcutt Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole

TUESDAY, MARCH 2, 1971

1781

Potts Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R.

Smith, V. T. Snow Stephens Sweat Thompson Toles Triplett Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Wilson Wood

Those not voting were Messrs.:

Bostick Bowen Brantley, H. H. Dailey Dean, J. E. Hood

Knight Longino Noble Russell, A. B. Shepherd Thomason

Townsend Vaughn Wheeler, Bobby Williams Mr. Speaker

On the adoption of the substitute, the ayes were 15, nays 163.

The substitute was lost.
The following substitute, offered by Mr. Levitas of the 77th, was read:
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 delete the provision relative to local units' share of the cost of the Statewide public school educational television program; to provide that 98% of the cost of the minimum foundation program of education for each local unit of administration shall be paid from State funds except under certain circumstances; to provide for said circumstances; to provide for all matters relative to the foregoing; to provide that this Act shall become effective only under certain circumstances; to provide for said circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3),

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JOURNAL OF THE HOUSE,
as amended, is hereby amended by striking paragraph (k) of Section 10 in its entirety.
Section 2. Said Act is further amended by striking paragraph (2) of subsection (B) of Section 22 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2). The State Board of Education shall determine the por tion of the estimated cost of the Statewide Minimum Foundation Program to be paid by local funds by multiplying the estimated cost of the Statewide Minimum Foundation Program for the school year by the percentage share of the cost of such Statewide program to be paid by local funds on a Statewide basis and then subtracting therefrom the product derived from the multiplication of the per centage used in calculation of the required local effort in the im mediately preceding fiscal year by the total of all lapsed funds appropriated to the Department of Education to finance the Mini mum Foundation Program of Education. Effective for the 1971-72 school year, beginning July 1, 1971, and for each year thereafter, the estimated cost of the Statewide Minimum Foundation Program shall be shared on a Statewide basis of 98% State funds and 2% local funds, except as otherwise provided in paragraph (4) of this subsection.
Section 3. Said Act is further amended by adding a new paragraph at the end of subsection (B) of Section 22 to be designated paragraph (4) and to read as follows:

"(4). Each local unit of administration may reduce its ad valorem tax millage rate levied for educational purposes by any amount it finds to be fiscally appropriate as a result of 98% State funding of the minimum foundation program of education, However, in order to qualify for the maximum benefit under 98% State fund ing, each local unit of administration, effective July 1, 1971, shall reduce said tax millage rate by a minimum of three mills from the amount of the tax levied by the local unit of administration for the fiscal year 1970-71. Any local unit failing to reduce said tax millage rate by said three mills shall forfeit the right to receive its maxi mum benefit under 98% State funding of the minimum foundation program of education, and the amount of funds raised by said three mills or any portion thereof levied by said local unit of administra tion shall be deducted from the amount of State funds that other wise would have been payable to said local unit of administration."

Section 4. This Act shall become effective only in the event the tax levied by the Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is increased from 3% to 4% and such increase becomes effective by not later than July 1, 1971.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

TUESDAY, MARCH 2, 1971

1783

An amendment to the Levitas substitute, offered by Mr. Larsen of the 113th, was read and lost.

The Levitas substitute was lost.

The following substitute, offered by Mr. Salem of the 51st, was read:
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, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 759), so as to change the provisions relating to the participation by the State and local governments in the cost of the Minimum Foundation Program; to provide that the entire cost of such program shall be met from State funds; to provide that no funds shall be distributed to the local units of administration until said units have properly reduced their taxes for educational purposes; 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 "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 759), is hereby amended by striking Section 22 in its entirety and inserting in lieu thereof the following:
"Section 22. The entire cost of the Statewide minimum foun dation program provided for by the provisions of this Act shall be met from such funds as the General Assembly shall make avail able. No funds shall be distributed to any local unit of administra tion until the superintendent of said local unit has certified to the State Board of Education that taxes levied for educational pur poses for that particular school district have been reduced by an equivalent amount equal to that local unit of administration's cost of the Minimum Foundation Program for the school year."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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

Those voting in the affirmative were Messrs.:

Barfield Bennett, J. T. Bowen Carter Hudson, Ted Levitas

Lewis Miles Pinkston Salem Scarborough Sherr/ian

Smith, H. R. Sorrells Strickland Wamble

1784

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Bos tick Brantley, H. L. Bray Brown, B. D. Brown, C.
Brown, S. P.
Buck
Burruss
Busbee
Carr
Chance
Chandler
Chappell
Cheeks
Clements
Cole
Collier
Collins, S.
Colwell
Coney, G. D.
Coney, J. L.
Conger
Connell
Cook
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dixon
Dorminy

Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter
Ham
Hamilton
Harrington
Harris
Harrison
Hawes
Hays
Hill, B. L.
Hill, G.
Horton
Howard
Howell
Hudson, C. M.
Hutchinson
Isenberg
Jessup
Johnson
Jones, Herb
Jones, J. R.
Jordan
Keyton
King
Knight
Knowles
Kreeger
Lambert
Lane, Dick
Lane, W. J.

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Miller
Moore
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith
Northcutt
Nunn
Odom
Oxford
Patterson
Patten
Pearce
Peters
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Poole
Potts
Rainey
Roach
Ross
Rush
Russell, A. B.
Russell, H. P.
Russell, W. B.
Savage

Shanahan Sims Smith, J. R. Smith, V. T. Stephens Sweat Thomason

TUESDAY, MARCH 2, 1971

1785

Thompson Toles Townsend Triplett Tripp Turner Ware

Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Brantley, H. H. Collins, M. Dailey Hadaway Hood

Housley Longino Noble Pickard Reaves

Shepherd Snow Vaughn Wheeler, Bobby Mr. Speaker

On the adoption of the substitute, the ayes were 16, nays 164.

The substitute was lost.

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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell
Bennett, Tom Berry
Black Blackshear
Bohannon Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance
Chandler Chappell
Cheeks Clements
Cole Collier Collins, M.
Colwell Coney, G. D. Coney, J. L.

Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent
Dixon Dorminy
Drury Edwards
Egan Evans Ezzard
Farrar Felton Fraser

1786
Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, W. J.

JOURNAL OF THE HOUSE,

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulheriri Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patten Patterson Pearce Peters Phillips, G. S. Phillips, L. L.

Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Bennett, J. T. Collins, S. Floyd, J. H. Floyd, L. R.

Hill, G. Lane, Dick Lee, W. S. McDonald

Odom Sherman Wamble

Those not voting were Messrs.:

Adams, G. D. Bond Dailey Dean, J. E. Hill, B. L,

Hood Longino Pickard Reaves Shepherd

Strickland Wheeler, Bobby Mr. Speaker

TUESDAY, MARCH 2, 1971

1787

On the passage of the Bill, as amended, the ayes were 171, nays 11.

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

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 126. By Mrs. Merritt of the 46th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Food Act", so as to define the term "food sales establishment"; and for other purposes.

The following report of the Committee of Conference was read:

The Conference Committee on House Bill No. 126 recommends as follows:

(1) That the Senate recede from its position on the amendment by Senator Smith of the 34th.

(2) That the House of Representatives recede from its postiion on the amendment by the Senate Agriculture Committee and the amend ment by Senator Webb of the llth.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE

/s/ Janet S. Merritt Representative, 46th District

/s/ Sam P. McGill Senator, 24th District

/s/ Marcus E. Collins Representative, 62nd District

/s/ Hugh A. Carter Senator, 14th District

/s/ J. Lucius Black Representative, 45th District

/s/ Culver Kidd Senator, 25th District

Mrs. Merritt of the 46th moved that the report of the Committee of Con ference on HB 126 be adopted.
On the motion, the roll call was ordered and the vote was as follows:

1788

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook D'augherty Davis, E. T. Davis, W. Dean, Gib
Dean, N.
Dent
Dixon
Dorminy
Edwards
Egan
Evans
Farrar
Felton
Floyd, J. H.

Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Griffin Hadaway Ham Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis
Logan
Lowrey
Marcus
Matthews, C.
Matthews, D. R.
Mauldin
McDaniell
Melton
Merritt
Miller
Moore

Morgan Moyer Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Rush Russell, H. P. Russell, W. B. Scarborough Shanahan Sherman Sims Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp
Turner Vaughn
Wamble
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

TUESDAY, MARCH 2, 1971

1789

Those not voting were Messrs.:

Blackshear Bohannon Bray Brown, B. D. Chandler
Collier Colwell Dailey Dean, J. E. Drury Ezzard Gary Gaynor Granade

Gunter Hamilton Hawes Hood
Housley Jessup Lane, W. J. Longino Mason Maxwell McCracken McDonald Miles Milford

Mulherin Noble Pinkston Boss Russell, A,. B. Salem
Savage Shepherd Smith, H. R. Smith, V. T. Sorrells Ware Mr. Speaker

On the motion, the ayes were 154, nays 0.
The report of the Committee of Conference on HB 126 was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 500. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to amend an Act placing the sheriff of Warren County on a salary in lieu of a fee system of compensation so as to change the compensation of the sheriff; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 500 as follows:
By inserting in lieu of the period on line 23 of page 1, the following: ", and the fifteen hundred dollar ($1,500.00) expense allow
ance authorized by Section 4.".
Mr. Johnson of the 29th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 105, nays 0.

1790

JOURNAL OF THE HOUSE,

The motion prevailed and the Senate amendment to HB 500 was agreed to.

Mr. Snow of the 1st asked unanimous consent that a copy of the following: Bill of the House be established:

HB 489. By Messrs. Nunn of the 41st, Pinkston of the 81st, Knowles of the 22nd and Lee of the 61st:
A Bill to be entitled an Act to amend Code Chapter 26-30, relating to Invasions of Privacy, so as to conform said Chapter with the require ments contained in an Act approved June 19, 1968 (Public Law 90-351, 82 STAT. 197, HR 5037, 90th Congress); and for other purposes.

The consent was granted and the established copy of HB 489 was ordered.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference No. 2 thereon:

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th: A Bill to be entitled an Act to amend an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), so as to increase the excise tax on cig arettes; to impose an excise tax on cigarettes held or possessed by every dealer or distributor of cigarettes on the effective date of this Act; and for other purposes.
The following report of the Committee of Conference No. 2 was read:
Mr. President:
Mr. Speaker:
Your Conference Committee No. 2 on House Bill 123 has met and submits, the following report and recommendation:

That the House recede from its position and agree to the Senate amendment to said Bill.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE

Is/ George D. Busbee Representative, 61st District

/s/ W. W. Fincher, Jr. Senator, 54th District

/s/ Quimby Melton, Jr. Representative, 32nd District

!&/ Stanley Smith Senator, 18th District

/s/ Philip M. Chandler Representative, 34th District

/s/ Maylon London Senator, 50th District

TUESDAY, MARCH 2, 1971

1791

Mr. Busbee of the 61st moved that the report of the Committee of Conference No. 2 be adopted.

Mr. Conger of the 68th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning.

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

Those voting in the affirmative were Messrs.

Barfield Bennett, J. T. Berry Bond Bostick Bowen Brantley, H. H. Brown, B. D. Buck Carr Carter Collier Collins, S. Conger Cook Dean, J. E.

Dent Dixon Dorminy Evans Ezzard Grantham Griffin Harrington Harrison
Hill, B. L. Hudson, Ted Lane, Dick Lewis Matthews, D. R. Miles Odom

Patten Pinkston Ross Rush Salem Savage Scarborough Smith, J. R.
Stephens Strickland Thompson Tripp Westlake Wheeler, Bobby Wilson

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bennett, Tom Black Blackshear Bohannon Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Chance Chandler Chappell

Cheeks Clements Cole Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W.
Drury Edwards Egan Farrar
Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger

Gignilliat Grahl Granade Greer Gunter Hadaway Ham Hamilton Harris Hawes Hays Hill, G. Horton
Housley Howard Howell
Hudson, C. M. Hutchinson Isenberg
Jessup

1792
Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Lowrey Marcus Mauldin Maxwell McCracken

JOURNAL OF THE HOUSE,

McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn Oxford Patterson Peters Phillips, G. S. Phillips, L. L. Poole Potts Rainey Roach

Russell, A. B. Russell, H. P. Russell, W. B. Shepherd Sherman Sims Smith, H. R, Smith, V. T. Snow Sorrells Thomason Toles Town send Triplett Turner Wamble Ware Wheeler, J. A. Whitmire Wood

Those not voting were Messrs.:

Adams, G. D. Bell Collins, M. Dailey Felton Hood Knight Longino

Mason Matthews, C. McDaniell Murphy Noble Pearce Phillips Pickard

Reaves Shanahan Sweat Vaughn Williams Mr. Speaker

On the motion to adjourn, the ayes were 47, nays 126.

The motion was lost.

Mr. Bostick of the 63rd requested that Rule 176 be read and enforced.

Mr. Ham of the 33rd moved that the printing of the report of the Com mittee of Conference No. 2 on HB 123 be dispensed with.

TUESDAY, MARCH 2, 1971

1793

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien Atherton Battle Berry Black Bohannon Bond Bray Brown, C. Buck Burruss Busbee Carr Chance Chandler Cheeks Clements Colwell Coney, J. L. Conger Connell Daugherty Davis, E. T. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Parrar Floyd, J. H. Floyd, L. R.
Fraser Gary Gaynor Gei singer

Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harris
Harrison Hawes Hays Hill, G. Horton Howell Hudson, C. M. Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Kreeger Lambert
Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Lowrey Matthews, C. Mauldin Maxwell McCracken

McDaniell McDonald Melton Miles Milford Miller Moore Morgan Mulherin Mullinax Northcutt Odom Oxford Patterson Peters Phillips, G. S. Phillips, L. L. Poole Potts Rainey Roach Russell, A. B. Russell, H. P.
Russell, W. B. Savage Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Thomason Toles
Townsend Triplett Tripp Turner Ware Wheeler, J. A. Whitmire Wood

Those voting in the negative were Messrs.:

Adams, G. D. Barfield Bennett, J. T. Bennett, Tom Bostick Bowen Brantley, H. H.

Brown, B. D. Brown, S. P. Carter Chappell Cole Collier Collins, M.

Coney, G. D. Evans Felton Harrington Hood Hudson, Ted Knowles

1794
Lane, Dick Lane, W. J. Lewis Marcus Merritt Moyer Nessmith Nunn Patten

JOURNAL OF THE HOUSE,

Phillips, W. R. Pinkston Reaves Ross Rush Scarborough Shanahan Shepherd Sherman

Stephens ' Strickland Sweat Wamble Westlake Wheeler, Bobby Wilson

Those not voting were Messrs.:

Bell Blackshear Brantley, H. L. Collins, S. Cook Dailey Ezzard Hill, B, L.

Housley Howard Johnson Longino Mason Matthews, D. R. Murphy Noble

Pearce Pickard Salem Thompson. Vaughn Williams Mr. Speaker

On the motion, the ayes were 123, nays 9.

The motion prevailed and the printing of the report' of the Committee of Conference No. 2 was dispensed with.

On the motion to adopt the report of the Committee of Conference No. 2 on HB 123, offered by Mr. Busbee of the 61st, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Bohannon Bond Bray Brown, B. D. Brown, C.

Brown, S. P. Burruss Busbee Carr Chance Chandler Cheeks Clements Cole Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Dean, N.

Drury Edwards Egan Ezzard Farrar Fraser Gary Gaynor Geisinger Gignilliat Greer Griffin Gunter Ham Hamilton Harrington

Harris Hawes Hays Hill, G. Horton Howard Howell Hudson, Ted Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett

TUESDAY, MARCH 2, 1971

1795

Levitas Logan Lowery Marcus Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Milford Miller Morgan Moyer Mulherin Mullinax Northcutt Nunn Oxford Patterson Pearce Peters Phillips, G. S.

Phillips, W. R. Pinkston Potts Rainey Roach Russell, W. B. Savage' Sims Smith, V. T. Snow Stephens Thomason Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, J..A. Whitmire Wilson Wood

Those voting in the negative were Messrs.

Barfield Bennett, J. T. Black Bostick Bowen Brantley, H. L.
Carter Chappell Collier Collins, M. Conger Dent Dixon Dorminy Evans Felton Floyd, J. H. Floyd, L. R.

Grahl Granade Grantham Hadaway Harrison Hill, B. L. Hudson, C. M. Hutchinson Keyton Lane, W. J. Larsen, W. W. Lewis Matthews, D. R. Miles Nessmith Odom Patten Phillips, L. L.

Those not voting were Messrs.:

Blackshear Brantley, H. H. Buck Collins, S. Cook Dailey Hood

Housley Longino Mason Merritt Moore Murphy Noble

Poole Reaves Ross Rush Russell, H. P. Salem Scarborough Shepherd Sherman Smith, H. R. Smith, J. R. Sorrells Strickland Sweat Thompson Wamble Westlake
Pickard Russell, A. B. Shanahan Wheeler, Bobby Williams Mr. Speaker

1796

JOURNAL OF THE HOUSE,

On the motion, the ayes were 119, nays 56.

The report of the Committee of Conference No. 2 on HB 123 was adopted.

Mr. Lane of the 44th served notice that at the proper time he would ask the House to reconsider its action in adopting the report of the Committee of Conference No. 2 on HB 123.

The Speaker ruled that the proper time for reconsideration would be the present.

Mr. Lane of the 44th moved that the House reconsider its action in adopting the report of the Committee on Conference No. 2 on HB 123.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Barfield Bennett, J. T. Berry
Black Blackshear Bostick Bowen Brantley, H. H. Brantley, H. L. Carr Carter Chappell Collier Collins, M. Collins, S. Cook Davis, E. T. Davis, W. Dean, Gib Dent Dorminy

Evans Felton Floyd, J. H. Floyd, L. B. Grahl Granade Grantham Gunter Hadaway Harrison Hudson, C. M. Hudson, Ted Hutchinson Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Levitas Lewis Matthews, D. R. Mauldin Nessmith

Those voting in the negative were Messrs.:

Adams, John
Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bell

Bennett, Tom Bohannon Bond Bray Brown, C. Brown, S. P. Burruss

Patten Pearce Peters Poole Rainey Reaves Ross Rush Salem Scarborough Shanahan Sherman Smith, H. R. Sorrells Stephens Strickland Sweat Thompson Wamble Westlake
Busbee Chandler Clements Cole Colwell Coney, G. D. Coney, J. L.

Connell Drury Edwards Egan Ezzard Parrar Fraser Gary Gaynor Geisinger Greer Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, C. Horton Howard Howell Isenberg Jessup Jones, Herb

TUESDAY, MARCH 2, 1971

1797

Jones, J. R. Jordan Keyton King Knight
Knowles Kreeger Lambert Lee, W. J. Lee, W. S. Leggett Lowrey Matthews, C. Maxwell McCracken McDaniell McDonald
Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax

Odom Oxford Patterson Pinkston
Potts Russell, A. B. Russell, H. P. Russell, W. B.
Savage Sims Smith, J. R. Smith, V. T.
Snow
Toles Town send Triplett Tripp Turner Ware Wheeler, J. A. Whitmire Wilson
Wood

Those not voting were Messrs.:

Battle Brown, B. D.
Buck Chance Cheeks Conger Dailey Dean, J. E. Dixon Gignilliat Griffin Hood

Housley Johnson Logan Longino Marcus Mason Merritt Moore Murphy Noble Northcutt Nunn

Phillips, G. S. Phillips, L. L. Phillips, W. R.
Pickard Roach Shepherd
Thomason Vaughn Wheeler, Bobby Williams Mr. Speaker

On the motion, the ayes were 64, nays 96.

The motion was lost.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.

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

1798

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, March 3, 1971

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. C. S. Hamilton, Pastor, Tabernacle Baptist Church, Augusta, Georgia:
Eternal God, our Father, Thou who has been our dwelling place in all generations;
We realize that our fathers cried unto Thee and thou didst hear them and deliver them from all their fears.
Hear our prayers and let us know that as Thou wast with those who came before us so art Thou also with us.
We pray Thy blessings on these men and women who have been elected from all over our state to come here and take care of the business for the citizens of this state.
We pray Thy blessings on the Governor and his staff; all the Senators and Representatives who form the official family of our State. Bless us in our endeavors. Bless all our various communities. We pray that justice will roll down as a mighty stream. Deliver us from hate, envy and selfishness. Give us grace to act as it becometh Thy children, helping one another and forebearing one another in love.
Make us servants of Thy compassion to raise the fallen, relieve the distressed and to promote peace and good will among men.
Help us to be as Christ to others that they may see something of his love in our lives and learn to love Him in us.
We ask Thee to hear us, to receive our prayer and to forgive our sins for Jesus Christ's 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.

WEDNESDAY, MARCH 3, 1971

1799

The Journal was confirmed.

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

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, March 3, 1971, and submits the following:

HB

13. School Retirement System, Credit for Services

HB

19. Criminal Trials, Accused Testify

HB

20. Criminal Cases, State's Right to Appeal

HB 111. G.B.I. Division of the Department of Law

HB 196. Employees Retirement System, Interest

HB 221. Motor Vehicles, License Suspended

HB 265. Air Transportation Director, Qualifications

HB 267. Capital Felonies, Plead Guilty

HB 227. Accused Furnished List of Witnesses

HB 345. Atlanta Judicial Circuit, Additional Judges

HB 405. Education, School Bus Bodies

HB 422. Juries, Judge Allowed to Disperse During Trial

HB 424. Misdemeanor, Reduce Number of Jurors P. P.

HR 144-425. Misdemeanor Cases, Jury

HB 496. Dentistry, Practice of

HB 516. Judges Emeritus, Expense and Mileage

HB 554. Public Contractors, Bonds

HB 555. Obscene Materials, Distributing

HB 560. Board of Corrections, Inmate Training

1800

JOURNAL OF THE HOUSE,

HB 569. Fire Departments, Disputes HB 582. Medical Services, Blood, Tissues HB 595. Cities-Alcoholic Beverages Referendum HR 192-658. Convey Property, Baldwin County HB 734. Employment Security Law, Benefits P. P. HB 764. Insurance, Property Value HB 765. Insurance Policies, Cancellation of HB 797. Tenants Holding Over, Summons HB 809. Public Assistance Act, Repayment of Sums HB 819. Agricultural Commodity, Surplus Pools

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 communication was received:
Executive Department Atlanta 30334 March 3, 1971
Speaker George L. Smith House of Representatives Speaker of the House State Capitol Atlanta, Georgia 30334
Dear Speaker Smith:
Based on my estimate of additional tax revenues in the amount of $4,600,000 that will be derived from H. B. 123 during FY 1971, I re spectfully request that you accept the figure of $1,019,600,000 as the official revenue estimate for FY 1971.
Sincerely, Jimmy Carter Governor

WEDNESDAY, MARCH 3, 1971

1801

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

HB 941. By Mr. Dean of the 13th: A Bill to be entitled an Act to amend an Act incorporating the Town of Snellville in the County of Gwinnett, so as to change the provisions relative to the election of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 942. By Messrs. Nunn and Moyer of the 41st: A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 943. By Messrs. Vaughn and Jordan of the 74th and Morgan of the 23rd: A Bill to be entitled an Act to provide for a public defender for Rockdale and Newton Counties; to provide for the appointment, qualifications and term of office of said public defender; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 944. By Messrs. Hill of the 94th and Jones of the 87th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for the State of Georgia and providing for the issuance, suspension and revocation of motor vehicle driver licenses, so as to pro vide that college students and members of the armed forces may renew their licenses within a period of 180 days prior to the expiration date; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 945. By Mr. Hill of the 94th:
A Bill to be entitled an Act to amend Code Chapter 114-3, relating to claims and notice of accidents, so as to provide it shall be incumbent upon each employer upon being informed of an accident to advise such injured employee of his rights and duties under this Chapter; and for other purposes.
Referred to the Committee on Industrial Relations.

1802

JOURNAL OF THE HOUSE,

HB 946. By Messrs. Logan and Matthews of the 16th: A Bill to be entitled an Act to amend an Act creating the Clarke County School District, so as to reduce the number of the members of the Clarke County Board of Education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 947. By Messrs. Bostick and Patten of the 63rd: A Bill to be entitled an Act creating a new charter for the City of Tifton, so as to provide that absentee ballots be provided in all municipal elec tions ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 948. By Mr. Wamble of the 69th: A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 949. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act creating a, new Charter for the City of Cochran, so as to change the amount of tax which may be levied for public schools; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 950. By Mr. Gunter of the 6th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of each county known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 951. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of each county, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, MARCH 3, 1971

1803

HB 952. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation provisions relative to employees in the sheriff's office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 953. By Messrs. Smith of the 80th, Miles and Cheeks of the 78th and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 113-1702, relating to sales by administrators, so as to provide for private sales of property by administrators upon approval by the ordinary; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 954. By Messrs. Smith of the 80th, Miles and Cheeks of the 78th and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act providing procedure by which heirs at law of a deceased person, who dies intestate, may obtain an order finding no administration on the estate, so as to provide that the executor, administrator or representative may act in a representa tive capacity for the deceased; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 955. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Butts County, so as to provide for a fiscal year for Butts County; to require the clerk of the Board of Commissioners to compile an annual budget for Butts County and to present it to the Board of Commissioners of Butts County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 956. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Lamar County; to provide for education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1804

JOURNAL OF THE HOUSE,

HB 957. 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 authorize the director of the State Game and Fish Commission to designate certain agents to enforce the provisions of Code Section 26-2802, relating to the crime of cruelty to animals; and for other purposes.
Referred to the Committee on Game and Fish.

HB 958. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the City of Pineora, so as to provide for the appointment of special election manag ers for the purpose of conducting election managers for the purpose of conducting elections; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 959. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Effingham County into the office of the Tax Com missioner of Effingham County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 960. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Guyton, so as to change the method of conducting elections; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 961. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend Code Section 92-2902, relating to the annual fees for the licensing of the operation of vehicles, so as to prescribe a fee for the licensing of certain trucks hauling milk; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 962. By Mr. Collins of the 72nd: A Bill to be entitled an Act to incorporate the City of Dunwoody in the

WEDNESDAY, MARCH 3, 1971

1805

County of DeKalb; to create a charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 963. By Messrs. Collins and Geisinger of the 72nd, Lane and Nessmith of the 44th, Johnson of the 29th, Harris of the 10th, Matthews and Patten of the 63rd and others:
A Bill to be entitled an Act to amend Code Section 92-3109, relating to deductions in computing net income for income tax purposes, so as to provide for the deduction of certain expenses incurred in sending certain dependents to private schools; and for other purposes.
Referred to the Committee on Ways and Means.

HB 964. By Messrs. Collins of the 72nd, Bell and Noble of the 73rd, Davis and Floydof the 75th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the budgets of school districts borrowing funds for opera tions in anticipation of revenues from school system tax levies; and for other purposes.
Referred to the Committee on Education.
HB 965. By Messrs. Collins and Geisinger of the 72nd, Floyd of the 75th, Gary of the 21st, Lane of the 101st, Phillips of the 38th, Smith of the 3rd, Battle of the 90th and Collins of the 62nd:
A Bill to be entitled an Act to provide that credit investigating com panies must furnish certain information to persons they investigate; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 966. By Messrs. Greer of the 95th and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act imposing upon motor car riers a tax for the privilege of using the streets and highways of this State, so as to change the circumstances under which certain refunds of the tax are made; and for other purposes.
Referred to the Committee on Ways and Means.
HB 967. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Noble and Bell of the 73rd, Collins and Geisinger of the 72nd, Thomason, Levitas, Russell and Farrar of the 77th, Vaughn and Jordan of the 74th, Dean of the 76th:
A Bill to be entitled an Act to provide that the governing authority of any municipality located wholly within certain counties may not rezone

1806

JOURNAL OF THE HOUSE,

or otherwise change the zoning status of land which has been annexed for a period of 2 years unless the governing authority shall approve the rezoning or change in zoning status; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 968. By Messrs. Larsen and Chappell of the 42nd:
A Bill to be entitled an Act to amend an Act consolidating, amending, and superseding the several Acts incorporating the City of Wrightsville, so as to extend the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 969. By Messrs. Kreeger, Howard, McDaniell, Burruss and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of the court of ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 970. By Messrs. Kreeger, Howard, McDaniell, Burruss, Housley and Ather ton of the 117th:
A Bill to be entitled an Act consolidating the offices of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 971. By Messrs. Kreeger, Howard, McDaniell, Burruss, Housley and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to change the salary provisions relating to the judges and the clerk of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 972. By Messrs. Kreeger, Howard, McDaniell, Burruss, Housley and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial

WEDNESDAY, MARCH 3, 1971

1807

Circuit, so as to change the salaries of the judges and the district at torney of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 973. By Messrs. Kreeger, Howard, McDaniell, Burruss, and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Cobb County, so as to change the compensation of the chairman of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 974. By Messrs. Atherton, Wilson, Housley, McDaniell, Kreeger and Burruss of the 117th:
A Bill to be entitled an Act to amend the "Cobb County Recreation Authority Act", so as to change the membership of the Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 975. By Messrs. Kreeger, Wilson, Atherton, Burruss, Housley, McDaniell and Howard of the 117th:
A Bill to be entitled an Act to amend an Act Creating the State Court of Cobb County, so as to provide for a solicitor for the State Court of Cobb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 976. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide that the Clerks of the Superior Courts may close their offices on Saturdays; and for other purposes.
Referred to the Committee on State of Republic.

HB 977. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act prescribing the special master procedure for the exercise of the power of eminent domain, so as to change the compensation of the special master; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OP THE HOUSE,

HB 978. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 61-405, relating to forthcoming bonds for distress warrants, so as to place a maximum limit on the amount of any bond; and for other purposes.
Referred to the Committee on Judiciary.

HB 979. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities of this State to make zoning and planning ordinances and regulations, so as to provide for appeal of decisions of the board of adjustment by certain civic associations and organizations; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 980. By Messrs. Parrar of the 77th and Davis of the 86th: A Bill to be entitled an Act to provide that the State Superintendent of Schools and the Executive Secretary of the State Board of Education shall be authorized to employ or purchase the services of persons or agencies specializing in the tracing and location of debtors or the collection of accounts receivable; and for other purposes.
Referred to the Committee on Education.
HB 981. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide for an investigator for the office of the District Attorney of the Western Judicial Circuit; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 288-981. By Messrs. Thomason of the 77th, Snow, Clements and Hays of the 1st, and Peters of the 2nd: A Resolution creating the Georgia-North Carolina and Georgia-Tennes see Boundary Line Commission; and for other purposes.
Referred to the Committee on Natural Resources.
HB 982. By Messrs. Ware, Mullinax, Knight and Potts of the 30th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to extend the corporate limits of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, MAECH 3, 1971

1809

HB 983. By Messrs. Kreeger, Atherton, Wilson, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act providing for a newcharter for the City of Marietta, so as to extend the corporate limits of said city; to remove the conflict regarding the compensation of the mayor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 984. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 985. By Messrs. Greer, Felton, Hawes and Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Marcus of the 105th, Alexander of the 96th, Bond of the lllth, Townsend of the 115th and others:
A Bill to be entitled an Act to fix the salaries of the Judges of certain of Courts of Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 986. By Messrs. Nessmith of the 44th, Carr of the 35th, Collins of the 62nd and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Section 109-A-307, relating to the protection of buyers of goods, so as to provide that a buyer of farm commodities, shall not be liable to the holder of a security interest created by the seller of such products where the sale is made in the ordinary course of business; and for other purposes.
Referred to the Committee on Agriculture.

HB 987. By Messrs. Battle of the 90th, Nessmith of the 44th and Gaynor of the 88th:
A Bill to be entitled an Act to amend an Act creating the "Coastal Marshlands Protection Agency", so as to authorize the issuance of per mits where title to said marshland may be in dispute; and for other purposes.
Referred to the Committee on Natural Resources.

1810

JOURNAL OF THE HOUSE,

HR 324-987. By Messrs. Gaynor of the 88th, Longino of the 98th, Felton of the 95th, Pinkston of the 81st, Murphy of the 19th, Alexander of the 96th, Miles of the 78th, and others:
A Resolution creating the Joint Bank Holding Company Study Com mittee ; and for other purposes.
Referred to the Committee on Rules.

HB 988. By Messrs. Smith of the 43rd and Chandler of the 34th:
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 known as Section 91-109A; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 989. By Messrs. Lee of the 21st and Smith of the 80th:
A Bill to be entitled an Act to amend Code Title 114, relating to work men's compensation, so as to increase the number of weeks from 10 to 52 where an employee is incapacitated, either totally or partially, from work due to a specific member injury; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 325-989. By Messrs. Smith of the 43rd and Chandler of the 34th:
A Resolution to approve as to form a second amendment proposed by Downtown Development Corporation, FM Air Rights Company and City Center; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 990. By Messrs. Coney of the 118th, Snow of the 1st, Howard of the 117th, Johnson of the 29th, Dean of the 19th and Jordan of the 74th:
A Bill to be entitled an Act to provide for the disposal of recycling of abandoned motor vehicles; to provide for definitions; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 991. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to amend an Act changing the method of electing members of the Board of Education of Wayne County, so as to increase the size of the Board of Education of Wayne County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, MARCH 3, 1971

1811

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 1011. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A Bill to be entitled an Act to create a State Board of Examiners of Mechanical Contractors and to regulate the businesses of mechanical contracting; and for other purposes.
Referred to the Committee on Industry.

HB 1013. By Messrs. Dorminy of the 48th and Pickard of the 84th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to license the operation of self-service motor fuel dispensing pumps; 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 884. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 885. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, so as to change the compensation-of the sheriff; and for other purposes.

HB 886. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Carroll County, so as to change the compensation of said commissioner; and for other purposes.

HB 887. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Carroll County, so as to change the compensation of the tax commissioner; and for other purposes.

1812

JOURNAL OF THE HOUSE,

HB 888. By Messrs. Hill of the 94th, Triplett of the 93rd, Gaynor of the 88th, Jones of the 87th, Blackshear of the 91st, Alien of the 92nd, Gignilliat
of the 89th and Battle of the 90th:
A Bill to be entitled an Act to amend an Act providing for salaries for the Board of Aldermen of the City of Savannah, so as to amend said amendatory Act to change the salary of the Board of Aldermen; and for other purposes.

HB 889. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia in Toombs County, so as to establish the board of education of the City of Vidalia; and for other purposes.

HB 890. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Lamar County, so as to change the compensation of the members of the Board; and for other purposes.

HB 891. 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; to provide their terms of office and qualifications; and for other purposes.

HB 892. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Irwin County, known as the fee system; to provide in lieu thereof an annual salary; to define governing authority of Irwin County; and for other purposes.
HB 893. By Messrs. Griffin and Conger of the 68th:
A Bill to be entitled an Act creating a Small Claims Court in Decatur County; and for other purposes.

HR 276-893. By Messrs. McDaniell of the 117th, Vaughn of the 74th, and Dean of the 19th:
A Resolution creating the Corridor Loop Study Committee; and for other purposes.

HB 894. By Messrs. Davis, Floyd, Granade and Westlake of the 75th, Bell and Noble of the 73rd, Russell, Levitas and Thomason of the 77th, Dean of the 76th, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act pertaining to county road

WEDNESDAY, MARCH 3, 1971

1813

system so as to strike the population requirements and insert in lieu thereof the figure of 600,000; and for other purposes.

HB 895. By Messrs. Davis, Floyd, Granade and Westlake of the 75th, Bell and Noble of the 73rd, Levitas, Russell and Thomason of the 77th, Vaughn of the 74th, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act creating the DeKalb County Recorder's Court, so as to delete from said Act, the provision that the Recorder's Court shall be held in the county seat and to provide in lieu thereof that the Recorder's Court may be held at such place or places as may be designated by the Board of Commissioner; and for other purposes.
HB 896. By Mr. Leggett of the 67th:
A Bill to be entitled an Act to amend Code Section 77-110, relating to duties of the Sheriff, so as to provide that sheriffs shall be authorized to take prisoners to secure municipal jails in their county when the county jail is in an unsafe condition; and for other purposes.
HB 897. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act authorizing the governing authority of certain counties to provide for building codes and other codes, so as to change the population and census figures; and for other purposes.
HB 898. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Glynn County, so as to change the compensation of the members of the Board; and for other purposes.

HB 899. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick, so as to change the terms of office of the commissioners; and for other purposes.

HR 278-899. By Messrs. Leggett and Isenberg of the 67th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Glynn County to license and regu late businesses and persons in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.

1814

JOURNAL OF THE HOUSE,

HB 900. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Good Hope, in the County of Walton, so as to change the term of the mayor; and for other purposes.

HB 901. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 92-6402, relating to the payment of taxes to the county in which returns are made, so as to change certain of the population figures and census contained therein; and for other purposes.

HB 902. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to the certain of law libraries in certain counties, so as to change certain of the popula tion figures and census contained therein; and for other purposes.

HB 903. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act providing for emeritus offices for retiring department heads in certain counties, so as to change certain of the population figures contained therein; and for other purposes.
HB 904. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to the creation of a board of elections in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.
HB 905. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to certain fees of certain clerks of superior courts, so as to change certain of the popula tion figures contained therein; and for other purposes.
HB 906. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to the terms of office of the members of the board of tax assessors in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.

WEDNESDAY, MARCH 3, 1971

1815

HB 907. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act fixing the salaries of juvenile court judges in certain counties, so as to change certain of the population figures and census contained therein; and for other pur poses.

HB 908. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 21-10, relating to the election and qualifications of coroners, so as to change certain popula tion figures contained therein; and for other purposes.

HB 909. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 23-1704, relating to the bonds of certain contractors in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.

HB 910. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 91-804A, relating to the sale of public property, so as to change certain of the population figures and census contained therein; and for other purposes.

HB 911. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend the Urban Redevelopment Law, so as to change certain of the population figures and census contained therein; and for other purposes.

HB 912. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 21-105, relating to fees of coroners, so as to change certain of the population figures and census contained therein; and for other purposes.

HB 913. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act providing for the creation

1816

JOURNAL OP THE HOUSE,

of certain emeritus offices in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.

HB 914. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways of this State, so as to change certain of the popula tion figures and census contained therein; and for other purposes.
HB 915. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide certain minimum standards prerequisite to the original incorpora tion of a municipality, so as to provide for new municipalities to be created within 3 miles of existing municipalities under certain condi tions ; and for other purposes.
HB 916. By Messrs. Bennett of the 71st, Lee of the 61st, Hudson of the 48th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 114-305, relating to the time of filing workmen's compensation claims, so as to provide a penalty to any employer who willfully fails to file a claim for compen sation with the Workmen's Compensation Board when an accident occurs which is or may be covered by Workmen's Compensation; and for other purposes.
HB 917. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to provide for a vote of the people in a certain designated area of the City of Jesup so as to allow such people to express their desire as to whether they wish to remain within the city limits of the City of Jesup or have the area affected removed from the city limits; and for other purposes.
HB 918. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, so as to provide for the setting of salaries of the Sheriff, the Clerk of the Superior Court, and the Chief Deputy Clerk of the Superior Court within minimum-maximum limits; and for other purposes.
HB 919. By Messrs. Coney of the 118th and Snow of the 1st:
A Bill to be entitled an Act to amend Code Chapter 26-99, relating to miscellaneous crimes, so as to provide that it shall be unlawful for any

WEDNESDAY, MARCH 3, 1971

1817

person to sell within this State any soft drink, malt beverage, or any other beverage intended for human consumption, when contained in glass bottles unless the bottles are required to be returned for deposit; and for other purposes.

HB 920. By Messrs. Coney of the 118th, Howard of the 117th, Snow of the 1st, Lee of the 61st, Murphy of the 19th, Vaughn of the 74th and Lambert of the 25th:
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 provide for additional definitions; to provide that it shall be unlawful to advertise X-rated motion pictures except in a certain manner; and for other purposes.
HB 921. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Hiltonia, in the County of Screven, so as to repeal the provisions relative to intoxicating beverages; and for other purposes.
HB 922. By Messrs. Brown, Pinkston and Scarborough of the 81st, Coney of the 82nd, Miller of the 83rd, Hawes of the 95th and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that under certain circumstances an elector may cast his vote in any election district located within the county of his residence; and for other purposes.
HB 923. By Messrs. Lane of the 101st, Adams of the 100th, Ezzard of the 102nd, Stephens of the 103rd and others:
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; and for other purposes.
HE 279-923. By Messrs. Cole, Turner and Smith of the 3rd:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Water, Light and Sinking Fund Commissioners of the City of Dalton to operate a system of telephonic communications and issue revenue bonds to finance such activities; and for other pur poses.
HB 924. By Messrs. Morgan of the 23rd, Thomason of the 77th, Harrison of the 58th, Hutchinson of the 61st, Sorrells of the 24th, Snow of the 1st, Vaughn of the 74th, Lee of the 61st, Lane of the 101st and others:
A Bill to be entitled an Act to amend the "Georgia Criminal Justice Act", so as to provide for an affidavit in support of proof of indigency; and for other purposes.

1818

JOURNAL OF THE HOUSE,

HB 925. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County upon an annual salary, so as to change the compensation of the sheriff and certain other personnel within the sheriff's office; and for other purposes.

HB 926. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Metter, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
HB 927. By Messrs. Evans, Bennett, Brown, Pinkston and Scarborough of the 81st, Coney of the 82nd, and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to provide that said Board shall have the power and authority to contract for the educa tion of exceptional children and to expend funds for such purposes; and for other purposes.

HB 928. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Southwestern Judicial Circuit, so as to change the compensation of said official court reporter; and for other purposes.
HB 929. By Messrs. Nessmith of the 44th, Russell of the 70th, Whitmire of the llth, Hudson of the 48th, Reaves of the 71st, Lane of the 44th, Wil liams of the llth, Carr of the 35th, Matthews of the 63rd, Smith of the 43rd and many others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumer' Sales Tax Act", so as to exempt certain machinery and equipment from the provisions of said Act; and for other purposes.

HR 280-929. By Mr. Bray of the 31st:
A Resolution compensating Rufus Carter O'Neal; and for other pur poses.

HR 281-929. By Messrs. Geisinger of the 72nd, Smith of the 3rd, Lee of the 61st, Murphy of the 19th and Nunn of the 41st:
A Resolution creating the Bail Bond Study Committee; and for other purposes.

WEDNESDAY, MARCH 3, 1971

1819

HB 930. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing for the disposi tion of certain funds received by county officials, officers and em ployees, so as to change the counties to which the 1969 amendatory Act applies; and for other purposes.

HB 931. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to set the scale of salaries for clerical employees of Rabun County; and for other purposes.
HB 932. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend an Act providing for the use of voting machines in all elections in certain counties, so as to change the applicability of said Act to different counties; and for other purposes.
HB 933. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A Bill to be entitled an Act to amend an Act creating a charter for the City of Newton, so as to change the date of election of the mayor and council of said city; and for other purposes.
HB 934. By Messrs. Westlake of the 75th, Atherton of the 117th, Alexander of the 108th, Bell of the 73rd, Ross of the 26th, Logan of the 16th, Maxwell of the 17th, Russell of the 14th, Sorrells of the 24th and Wheeler of the 18th: A Bill to be entitled an Act to provide for the medical education and training of additional Georgia residents; and for other purposes.
HR 282-934. By Messrs. Cook of the 95th, Lane of the 101st and Adams of the 100th: A Resolution authorizing and directing the Secretary of State to return a portrait of Mr. Francis Robert Goulding to Mr. Randolph Goulding; and for other purposes.
HB 935. By Mr. Hadaway of the 27th: A Bill to be entitled an Act to provide that the members of the Board of Commissioners of Twiggs County shall reside within specified militia districts, but that each said member shall be elected by the qualified voters of Twiggs County; and for other purposes.
HB 936. 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 term of court for Habersham County; and for other purposes.

1820

JOURNAL OP THE HOUSE,

HB 937. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Environment Compact"; to enact said compact into law; and for other purposes.

HB 938. By Messrs. Hawes and Greer of the 95th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that the sale of distilled spirits or alcoholic beverages may take place on Sundays between the hours of 12:01 am and 2:00 am; to provide that said distilled spirits may be sold on election days beginning one hour following the closing of the polls; and for other purposes.

HR 283-938. By Messrs. Lee, Northcutt and Gary of the 21st: A Resolution creating the Clayton Justice of the Peace Study Commis sion; and for other purposes.
HR 284-938. By Mr. Gaynor of the 88th: A Resolution authorizing the conveyance of quit claim deed of certain property in Chatham County, Georgia, title to which is claimed by the State of Georgia; and for other purposes.
HB 939. By Mr. Ham of the 33rd: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Butts County, so as to change the provisions relative to taking bids for purchases and sales; and for other purposes.
HB 940. By Mr. Ham of the 33rd: A Bill to be entitled an Act to create the Butts County Water Au thority and to authorize such Authority to acquire and maintain proj ects embracing sources of water supply and distribution and sale of water and related facilities to individuals, private concerns, govern mental agencies and municipalities; and for other purposes.
SB 15. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend the Act entitled "An Act au thorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to county employees . . .", so as to allow credit to Fulton County officers and employees for prior service; and for other purposes.

WEDNESDAY, MARCH 3, 1971

1821

SB 16. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to estab lish rules and regulations governing the payment of pensions, so as to provide increased pensions and payments; and for other purposes.

SB 105. By Senators Smalley of the 28th, Stephens of the 36th and Johnson of the 38th:
A Bill to be entitled an Act to create Code Title 24A--The Juvenile Court Code of Georgia; and for other purposes.

SB 129. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a governor and the inauguration of a new governor; and for other purposes.

SB 132. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 32-19, relating to physical education and training, so as to authorize the Georgia State Board of Education to prescribe a course of study in health and physi cal education in public schools and to establish standards for its ad ministration; and for other purposes.

SB 147. By Senator London of the 50th:
A Bill to be entitled an Act to prohibit the use of red electric lamps or lights which, when lighted, display flashing or revolving light, upon any motor vehicle except upon law enforcement or firefighting ve hicles, or ambulances; and for other purposes.
SB 177. By Senator Holley of the 22nd:
A Bill to be entitled an Act to revise, classify, consolidate, and super sede previous laws relating thereto, providing for imposition of licenses, fees and taxes and the disposition thereof, and providing a new "Geor gia Insurance Code", so as to provide that insurers may invest in ob ligations issued; and for other purposes.
SB 178. By Senator Holley of the 22nd:
A Bill to be entitled an Act to provide that trust funds may lawfully be invested by trustees in obligations issued, assumed or guaranteed by the Asian Development Bank; and for other purposes.

1822

JOURNAL OF THE HOUSE,

SB 186. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro hibit the purchase of any passenger automobile by any department,. institutions, bureau or agency of this State"; and for other purposes.

SB 194. By Senators Fincher of the 54th and Smith of the 34th:
A Bill to be entitled an Act to amend an Act prohibiting the sale of beer or wine at a place within one hundred yards of any school or schoolhouse in this State, so as to prohibit the sale of beer or wine at a place within a certain distance of any hospital or church in this State; and for other purposes.

SB 199. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 6-1, relating to cases in which appeals are allowed, so as to provide for procedures in connection with appeals to the Superior Courts; and for other purposes.

SB 200. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act comprehensievly and ex haustively revising, superseding, and modernizing pretrial, trial and certain post-trial procedures in civil cases, so as to change the pro visions relating to service of notice by publication; and for other pur poses.
SB 201. By Senator Webb of the llth:
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, so as to comprehensively and exhaustively redefine, modernize and supersede the provisions and discovery and the scope thereof; and for other purposes.
SB 237. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of fire prevention districts in Clayton County, so as to pro vide for a levy of taxes on property located within such districts; and for other purposes.
SB 205. By Senators Stephens of the 36th, Cleland of the 55th, Smith of the 34th and Ballard of the 45th:
A Bill to amend an Act imposing a tax upon the sale, use or other disposition of cigars and cigarettes, so as to provide that the taxes im posed by this Act shall not be levied when purchased exclusively for the use by the patients at the Georgia War Veterans' Home and the Georgia War Veterans' Nursing Home; and for other purposes.

WEDNESDAY, MARCH 3, 1971

1823

SB 241. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the compensation of the ordinary; and for other purposes.

SB 247. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Section 113-1002, relating to a year's support, so as to provide that the taxes and liens for taxes which are divested by the setting apart of a year's support, shall include all taxes and liens for taxes accruing up to the date that the setting apart becomes final; and for other purposes.

SB 253. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating and establishing a charter for the Town of Ivey, so as to clarify and make more definite the existing town limits; and for other purposes.
SB 256. By Senator Holloway of the 12th: A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store"; and for other purposes.
SB 257. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend Section 92-3216 of the Code of Georgia, relating to the preservation of income tax returns, so as to reduce the period of time during which the State Revenue Commis sioner is required to preserve such returns; and for other purposes.
SB 258. By Senator Holloway of the 12th: 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 meanings such terms have in the U. S. Internal Revenue Code of 1954 in force and effect on January 1, 1971; and for other purposes.
SR 64. By Senators Walling of the 42nd and Coverdell of the 56th: A Resolution relative to Georgia's cooperation in the establishment, protection, development, management and promotion of the Appalachian National Scenic Trail; and for other purposes.
SR 77. By Senator Holloway of the 12th: A Resolution to authorize the Department of Revenue to write off un-

1824

JOURNAL OF THE HOUSE,

collected check balances covering sales and use taxes; and for other purposes.

SR 79. By Senators Hudgins of the 15th, Chapman of the 32nd and Henderson of the 33rd:
A Resolution creating the Joint Highway Laws Study Committee; and for other purposes.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropria tions, 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 180-578. Do Pass. HR 193-658. Do Pass. HR 85-225. Do Pass.
HR 120-284. Do Pass, as Amended. Respectfully submitted, Floyd of the 7th, 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 Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

SB 4. Do Pass.

HB 200. Do Pass.

HB 197. Do Pass.

Respectfully submitted, Buck of the 84th, Chairman.

WEDNESDAY, MARCH 3, 1971

1826

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:

Mr. Speaker:

!

Your Committee on State Planning and Community 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 216. Do Not Pass.
HB 633. Do Not Pass. HB 766. Do Not Pass.
Respectfully submitted,
Levitas of the 77th,
Chairman.

Mr. Matthews of the 16th District, Chairman of the Committee on University 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 934. 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 & Means 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:
HR 169-492. Do Pass. HB 666. Do Pass. HB 788. Do Pass, by Substitute. HB 782. Do Pass. HB 783. Do Pass.

1826
HB HB HB HB HB HB HB HB HB HB

JOURNAL OF THE HOUSE,
784. Do Pass. 785. Do Pass. 826. Do Pass. 778. Do Pass. 627. Do Pass. 225. Do Pass, by Substitute. 326. Do Pass, by Substitute. 874. Do Pass. 875. Do Pass. 876. Do Pass.
Respectfully submitted, Melton of the 32nd, Chairman.

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 Bills and Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 148. Do Pass. SB 156. Do Pass. SB 157. Do Pass. SB 158. Do Pass. SB 159. Do Pass. SR 62. 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 passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

WEDNESDAY, MARCH 3, 1971

1827

HB 169. By Mr. Lewis of the 37th:
A Bill to provide that the governing authorities of certain counties shall supplement the compensation of certain district attorneys; and for other purposes.

HB 402. By Messrs. Bostick, Matthews, and Patten of the 63rd:
A Bill to be entitled an Act creating and establishing the State Court of Tift County; and for other purposes.

HB 480. By Messrs. Jordan and Vaughn of the 74th, Parrar, Thomason, Levitas and Russell of the 77th, Bell and Noble of the 73rd and others:
A Bill to amend an Act applying to counties having a population of not less than 500,000 and directing the county commissioners to pay to the board of education all commissions which would have been retained by the tax commissioner, so as to make said Act applicable to counties having a population of not less than 400,000; and for other purposes.

HB 563. By Messrs. Vaughn and Jordan of the 74th, Thomason, Farrar, Levitas and Russell of the 77th and others:
A Bill to amend an Act creating the State Court of DeKalb County, so as to change the compensation of the judges of said court; and for other purposes.

HB 635. By Messrs. Grahl of the 40th, Nunn and Moyer of the 41st:
A Bill to create and establish an Airport Authority for tbe counties of Houston and Peach and the cities of Perry and Fort Valley, and to au thorize such Authority to acquire and maintain facilities appertaining to such undertaking; and for other purposes.

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

HB 389. By Mr. Carter of the 64th:
A Bill to reincorporate the City of Pearson in the County of Atkinson; to create a new charter for said city; and for other purposes.

HB 428. By Mr. McCracken of the 36th:
A Bill to provide that the Board of Commissioners of Jefferson County may supplement the compensation presently received by the Ordinary of Jefferson County; and for other purposes.

1828

JOURNAL OF THE HOUSE,

HB 483. By Mr. Carr of the 35th:
A Bill to amend an Act entitled the "Housing Authorities Law", so as to provide that certain cities may add additional members to the housing authorities; and for other purposes.

HB 543. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to amend an Act creating a Small Claims Court in certain counties in this State, so as to change the minimum and maximum population figures in said Act; and for other purposes.
HB 544. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to amend an Act amending code section 21-105, relating to fees for coroners and changing the compensation of coroners in certain counties, so as to change the minimum and maximum population figures in said Act; and for other purposes.
HB 545. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to amend an Act providing that the tax commissioners of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioners, so as to change the population figures in said Act; and for other purposes.
HB 547. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to amend an Act placing the sheriff of Brooks County on a salary basis, so as to change the maximum amount of salary which the sheriff shall receive; and for other purposes.
HB 556. By Messrs. Vaughn and Jordan of the 74th: A Bill to amend an Act providing an annual salary for the ordinary of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the ordinary; to change the salary of the deputy of the ordinary; and for other purposes.
HB 557. By Messrs. Vaughn and Jordan of the 74th: A Bill to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to change the salary of said sheriff and the salaries of his deputies; and for other purposes.
HB 558. By Messrs. Vaughn and Jordan of the 74th: A Bill to amend an Act creating the office of commissioners of Rockdale County, so as to change the salary and the expense allowance of the commissioner; and for other purposes.

WEDNESDAY, MARCH 3, 1971

129

HB 559. By Messrs. Vaughn and Jordan of the 74th:
A Bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the compensation of the clerk; and for other purposes.

HB 577. By Messrs. Lane, Nessmith and Chance of the 44th:

. i ..

A Bill to amend an Act providing a salary for the Coroner of Jenkins

County in lieu of fees, so as to change the salary of the Coroner; and

for other purposes.

.....;

HB 578. By Messrs. Lane, Nessmith and Chance of the 44th:

\ ....,.

A Bill to amend an Act placing the Sheriff of Jenkins County on a

salary, so as to change the salary of the Sheriff and the deputy sheriff;

and for other purposes.

:,

HB 667. By Messrs. Milford and Mauldin of the 12th:

; :;

A Bill to amend an Act placing the ordinary and clerk of the superior court of Hart County upon an annual salary, so as to authorize the governing authority to increase the compensation of certain employees of said officers; and for other purposes.

HB 668. By Messrs. Milford and Mauldin of the 12th:

...;':.

A Bill to amend an Act creating the office of tax commissioner of Hart County, so as to authorize the governing authority of Hart County to increase the compensation of certain employees of the tax commissioner; and for other purposes.

HB 669. By Messrs. Milford and Mauldin of the 12th:
A Bill to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 670. By Mr. Peters of the 2nd:

. : .,

A Bill to amend an Act establishing a new charter for the City of Ringgold, so as to remove the authority of the mayor and aldermen of the City of Ringgold, and the City of Ringgold, to extend its system of waterworks beyond the city limits; and for other purposes.

HB 671. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to amend an Act creating a charter for the City of Gumming, so as to add certain property to said city; and for other purposes.

1830

JOURNAL OF THE HOUSE,

HB 672. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to amend an Act creating a Board of Commissioners for Hall County, so as to change the compensation of the members of the Board of Commissioners of Hall County; and for other purposes.

HB 679. By Messrs. Sweat and Dixon of the 65th:
A Bill to amend Code Section 21-105, relating to the fees of coroners, so as to change certain of the population figures and the census con tained therein; and for other purposes.

HB 680. By Messrs. Sweat and Dixon of the 65th:
A Bill to amend the Urban Redevelopment Law, so as to change certain of the population figures contained therein and the applicable census; and for other purposes.

HB 681. By Messrs. Sweat and Dixon of the 65th:
A Bill to amend an Act providing that the tax receivers in certain counties shall receive as a commission two and one-half percent of the taxes collected for the boards of education, so as to change the popula tion figures and census contained therein; and for other purposes.

HB 686. By Messrs. Harris, Roach and Poole of the 10th:
A Bill to provide that coroners in counties having a population of not less than 32,600 and not more than 32,700, shall be compensated $100 per month, to be paid out of county funds; and for other purposes.

HB 697. By Mr. Collier of the 54th: A Bill to amend an Act creating a charter for the City of Leesburg, so as to change the corporate limits of said City; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate, to-wit:
SB 44. By Senators Stephens of the 36th, Coverdell of the 56th, Johnson of the 39th, Smith of the 34th, Coggin of the 35th and Fatten of the 40th: A Bill to amend an Act creating the Judges and Solicitor General's Retirement Fund of Fulton Co., as amended, so as to allow credit for a limited amount of service in the armed forces of the U. S. during periods of war or national emergency; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 3, 1971

1831

SB 85. By Senator Adams of the 5th:
A Bill to provide that in any case, civil or criminal, which is tried be fore a jury in certain courts below the level of the superior courts, said case shall be tried before a jury consisting of six members; to provide for the selection of members of a jury; and for other purposes.

SB 261. By Senator Plunkett of the 30th:
A Bill to abolish the present mode of compensating the Ordinary of Carroll County known as the fee system; to provide in lieu thereof an annual salary; to repeal conflicting laws; and for other purposes.

SB 262. By Senator Plunkett of the 30th:
A Bill to abolish the present mode of compensating the clerk of the Superior Court of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

SB 263. By Senator Plunkett of the 30th:
A Bill to amend an Act placing the sheriff of Carroll County upon an annual salary, so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.

SB 264. By Senator Plunkett of the 30th:
A Bill to amend an Act establishing a City Court of Carrollton, as amended, so as to change the compensation of the judge; and for other purposes.

SB 265. By Senator Abney of the 53rd:
A Bill to amend an Act incorporating the City of Rossville, as amended, so as to change the compensation of the mayor of Rossville; and for other purposes.

SB 267. By Senator Parker of the 31st: A Bill to amend an Act establishing the State Court of Polk County, as amended, so as to change the salary of the judge of said court; to repeal conflicting laws; and for other purposes.
SB 268. By Senator Parker of the 31st:
A Bill to amend an Act placing certain officers of Polk County on an annual salary; so as to change the compensation of the ordinary; and for other purposes.

1832

JOURNAL OP THE HOUSE,

SB 89. By Senators Stephens of the 36th and Kennedy of the 4th:
A Bill to authorize any law enforcement official to seize, without a warrant any conveyance used in handling, transporting, carrying or holding stolen goods; to define terms; to repeal conflicting laws; and for other purposes.

SB 255. By Senator Holloway of the 12th:
A Bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, as amended, so as to make it unlawful for any person, firm or corporation to possess more than 576 ounces of malt beverages upon which the taxes imposed on such beverages have not been paid; and for other purposes.

SB 260. By Senators Gillis of the 20th, Cox of the 21st, Eldridge of the 7th, Rowan of the 8th, and Kennedy of the 4th:
A Bill to amend an Act relating to motor vehicle licenses, as amended, and as codified, so as to change the provisions relative to the annual license fees for trucks transporting forest products; to repeal con flicting laws; and for other purposes.
The Senate has adopted by requisite constitutional majority the following Resolutions of the Senate, to-wit:
SR 68. By Senator Adams of the 5th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Court of Appeals shall have jurisdiction for the trial and correction of error of laws from certain courts which are below the level of superior courts; and for other purposes.
SR 84. By Senator Smith of the 18th:
'. '.' A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to create a public authority and vest in such authority the power to operate a system of telephonic com munications within Houston County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill's of'the Senate, to-wit:
SB 248. By Senator Holloway of the 12th: A Bill to amend an Act known as the "Georgia Water Quality Control Act," as amended, so as to provide that any person who intentionally, negligently or accidentally spills, discharges or deposits pollutants
; , into the waters of the state shall be liable in damages to the state and any political subdivision thereof; and for other purposes.

WEDNESDAY, MARCH 3, 1971

1833

SB 249. By Senator Holloway of the 12th:
A Bill to amend an Act known as the "Georgia Water Quality Control Act", as amended, so as to provide a procedure whereby the Board may obtain a judgment of court for the enforcement of its order; and for other purposes.

SB 155. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to amend Code Section 24-2715, relating to additional duties of Clerks of Superior Courts and duties of Clerks of State Courts, as amended, so as to authorize said Clerks to destroy certain records after the expiration of a certain period of time; to repeal conflicting laws; and for other purposes.

SB 250. By Senator Holloway of the 12th:
A Bill to amend Code Chapter 88-9, relating to air quality control, so as to provide a procedure whereby the Department may obtain a judg ment of court for the enforcement of its order; to repeal conflicting laws; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to amend an Act approved February 28, 1965, p. 268, so as to increase the excise tax on cigarettes; to impose an excise tax on cigar ettes held or possessed by every dealer or distributor of cigarettes on the effective date of this Act; and for other purposes.

The Senate has appointed a Second Committee of Conference on the follow ing Bill of the House, to-wit:

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to amend an Act approved February 28, 1965, p. 268, so as to increase the excise tax on cigarettes; to impose an excise tax on cigar ettes held or possessed by every dealer or distributor of cigarettes on the effective date of this Act; and for other purposes.

The President has appointed on the part of the Senate the following Senators:

1834

JOURNAL OF THE HOUSE,

Smith of the 18th, London of the 50th, and Fincher of the 54th.

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

SB 223. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to prohibit the licensing of any alcoholic beverage outlet which is within 200 yards of any church, school or hospital; to exempt from coverage of this Act any alcoholic beverage outlet in operation immediately prior to the effective date of this Act; and for other purposes.

SB 224. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to provide minimum salaries for the county sheriffs of the State of Georgia to be paid from county funds; to provide for longevity increases; 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 51. By Senators Holley of the 22nd and Lester of the 23rd: A Resolution proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 851. By Messrs. Black and Edwards of the 45th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumpkin, as amended, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, MARCH 3, 1971

1835

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 853. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th and Cheeks and Miles of the 78th:
A Bill to be entitled an Act to provide additional compensation for certain employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 853 as follows:
By striking from lines 15 and 20 the word "May" and substituting in lieu thereof the word "April".
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 854. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th and Miles and Cheeks of the 78th: A Bill to be entitled an Act to authorize the coroners of certain coun ties to appoint assistants; to provide for the powers, duties and re sponsibilities of such assistants; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 854 as follows:
By adding at the end of line 18 on page 1 the following: "April 1, 1971."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

1836

JOURNAL OP THE HOUSE,

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 855. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th and Miles and Cheeks of the 78th:
A Bill to be entitled an Act to fix the compensation of certain officials in certain counties; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 854 as follows:
By adding at the end of line 20 on page 1 the following: "April 1, 1971."

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 856. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th and Miles and Cheeks of the 78th:
A Bill to be entitled an Act to provide that in certain counties, the district attorney of the Judicial Circuit of such counties shall receive a supplement to the salary paid by the State; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 856 as follows:
By adding at the end of line 16 on page 1 the following: "April, 1, 1971."

WEDNESDAY, MARCH 3, 1971

1837

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 859. By Messrs. Triplett of the 93rd, Alien of the 92nd, Blackshear of the 91st and others:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, as amended, so as to extend the corporate limits of said Town; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 860. By Messrs. Melton and Brown of the 32nd: A Bill to be entitled an Act to amend an Act to reincorporate the City of Fayetteville, creating a new charter for said city, so as to provide for an alternative method of receiving and collecting ad valorem taxes; and for other purposes.
The report 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 862. By Mr. 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, as amended, so as to change the compensation of the chief deputy and other deputies; and for other purposes.

1838

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 120, nays 0.

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

HB 864. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for the County of Taylor; and for other purposes.

The report 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 865. By Messrs. Wilson, McDaniell, Howard, Kreeger, Atherton, Housley and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the compensation for the investi gator; and for other purposes.

The report 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 866. By Messrs. Lee, Odom, 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 change the corporate limits of said City; and for other purposes.

WEDNESDAY, MARCH 3, 1971

1839

The report 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 867. By Messrs. Lee, Odom and Busbee of the 61st:
A Bill to be entitled an Act to amend the Act creating a new charter for the City of Albany, as amended, so as to change the date for holding city elections; and for other purposes.

The report 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 868. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, as amended, so as to authorize the Recorder of the City of Albany to appoint counsel to represent indigent defendants on trial before the Recorder in all cases where the law requires appointment of such counsel; and for other purposes.

The report 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 869. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A Bill to be entitled an Act to give the governing authority of Dougherty County the authority to district said county so as to provide water and sanitary sewerage services in such districts; and for other purposes.

1840

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 120, nays 0.

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

HB 870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to provide for a joint Board of Registrars for Dougherty County and City of Albany; and for other purposes.

The report 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 872. By Mr. Carter of the 64th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lanier County on 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 120, nays 0.

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

HB 880. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, as amended, so as to change the compensation of the Coroner; and for other purposes.

WEDNESDAY, MARCH 3, 1971

1841

The report 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 881. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, as amended, so as to change the salary of the Tax Commissioner of Spalding County, which salary shall be paid in addition to the additional annual com pensation of $150 for each four-year term or part 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 882. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of certain officers of Spalding County and providing in lieu thereof the salary system of compensation, so as to fix the salary of the Clerk of the Superior Court of Spalding County, and salary of the Sheriff of the State Court and the salary of the Ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 883. By Messrs. Brown and Melton of the 32nd: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Spalding County, as amended, so as to change the

1842

JOURNAL OF THE HOUSE,

salary of the Chairman of the Board of Commissioners arid the salary of each of the other commissioners, which salaries shall be in addition to the expense allowance provided for; and for other purposes.

The report 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.

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

SB 44. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act creating the Judges and Solicitor General's Retirement Fund of Fulton County, so as to allow credit for a limited amount of service in the armed forces of the U. S. during periods of war or national emergency; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 85. By Senator Adams of the 5th:
A Bill to be entitled an Act to provide that in any case, civil or criminal, which is tried before a jury in certain courts below the level of the superior courts, said case shall be tried before a jury consisting of six members; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 89. By Senators Stephens of the 36th and Kennedy of the 4th:
A Bill to be entitled an Act to authorize any law enforcement official to seize, without a warrant, any conveyance used in handling, trans porting, carrying or holding stolen goods; and for other purposes.
Referred to the Committee on Judiciary.

SB 155. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to be entitled an Act to amend Code Section 24-2715, relating to additional duties of Clerks of Superior Courts and duties of Clerks of State Courts, so as to authorize said Clerks to destroy certain records after the expiration of a certain period of time; and for other purposes.
Referred to the Committee on Judiciary.

WEDNESDAY, MARCH 3, 1971

1843

SB 223. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to be entitled an Act to prohibit the licensing of any alcoholic beverage outlet which is within 200 yards of any church, school or hospital; to exempt from coverage of this Act any alcoholic beverage outlet in operation immediately prior to the effective date of this Act; and for other purposes.
Referred to the Committee on Temperance.

SB 224. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
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; to provide for longevity increases; and for other purposes. Referred to the Committee on State of Republic.

SB 248. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide that any person who in tentionally, negligently or accidentally spills, discharges or deposits pol lutants into the waters of the State shall be liable in damages to the State and any political subdivision thereof; and for other purposes.
Referred to the Committee on Natural Resources.

SB 249. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide a procedure whereby the Board may obtain a judgment of court for the enforcement of its order; and for other purposes.
Referred to the Committee on Natural Resources.

SB 250. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to provide a procedure whereby the Depart ment may obtain a judgment of court for the enforcement of its order; and for other purposes.
Referred to the Committee on Natural Resources.

SB 255. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to make it unlawful for any person, firm or corporation to possess more than 576 ounces of malt beverages upon which the taxes imposed on such beverages have not been paid; and for other purposes.
Referred to the Committee on Temperance.

1844

JOURNAL OF THE HOUSE,

SB 260. By Senators Gillis of the 20th, Cox of the 21st, Eldridge of the 7th and others:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to change the provisions relative to the annual license fees for trucks transporting forest products; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 261. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

SB 262. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 263. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Carroll County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 264. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act establishing a City Court of Carrollton, so as to change the compensation of the judge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 265. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to change the compensation of the mayor of Rossville; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, MARCH 3, 1971

1845

SB 267. By Senator Parker of the 31st:
A Bill to be entitled an Act to amend an Act establishing the State Court of Polk County, so as to change the salary of the judge of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 268. By Senator Parker of the 31st:
A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on an anual salary in lieu of the fee system of compen sation, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SR 51. By Senator Holley of the 22nd:
A Resolution proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing estab lishments and certain additions to such capital improvements of manu facturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County; and for other purposes.
Referred to the Committee on Ways and Means.

SR 68. By Senator Adams of the 5th:
A Resolution proposing an amendment to the Constitution so as to provide that the Court of Appeals shall have jurisdiction for the trial and correction of errors of law from certain courts which are below the level of superior courts; and for other purposes.
Referred to the Committee on Special Judiciary.

SR 84. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to create a public authority and vest in such authority the power to operate a system of telephonic communi cations within Houston County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Judiciary:

1846

JOURNAL OP THE HOUSE,

HB 965. By Messrs. Collins and Geisinger of the 72nd, Floyd of the 75th, Gary of the 21st, Lane of the 101st and others:
A Bill to be entitled an Act to provide that credit investigating com panies must furnish certain information to persons they investigate; and for other purposes.

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

HB 402. By Messrs. Bostick, Matthews and Patten of the 63rd:
A Bill to be entitled an Act creating and establishing the State Court of Tift County; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 402 as follows:
By striking Sections 2 through 39 in their entirety and inserting in lieu thereof the following:
"Section 2. All laws and parts of laws in conflict with this Act are hereby repealed."

Mr. Bostick of the 63rd moved that the House disagree to the Senate amendment.

The motion prevailed and the Senate amendment to HB 402 was dis agreed to.
HB 635. By Messrs. Grahl of the 40th and Nunn and Moyer of the 41st:
A Bill to be entitled an Act to create and establish an Airport Authority for the counties of Houston and Peach and the cities of Perry and Fort Valley, and to authorize such Authority to acquire and maintain facilities appertaining to such undertaking; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 635, Section 6 by inserting in sub-section (c), line 22 after the words "easements and franchises acquired," the following:

WEDNESDAY, MARCH 3, 1971

1847

"including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such reloca tions are made necessary by the project,".

Mr. Grahl of the 40th moved that the House agree to the Senate amendment.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 635 was agreed to.

The following Bill of the Senate was taken up for the purpose of con sidering the report of the Committee of Conference thereon:

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others:
A Bill to be entitled an Act to create a State Athletics Commission; to provide the jurisdiction, duties and authority of said Commission; and for other purposes.
The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
The Conference Committee on Senate Bill 2 recommends that both the Senate and House of Representatives recede from their positions and that the attached bill be adopted.
Respectfully submitted,
/s/ Hugh M. Fillis Senator, 20th District
/s/ Render Hill Senator, 29th District
/s/ Edward Zipperer Senator, 3rd District
/s/ Mac Pickard Representative, 84th District
/s/ Claude A. Bray, Jr. Representative, 31st District
/s/ Dick Lane Representative, 101st District

1848

JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to create a State Athletics Commission; to provide the jurisdiction, duties and authority of said Commission; to provide for membership and meetings; to require each person, firm or corporation desiring to promote or hold a professional athletic event to obtain a license from the State Athletics Commission; to define "professional athletic event"; to provide for fees; to provide penalties; to provide exceptions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. There is hereby created a State Athletics Commission (hereafter, the Commission) which shall have jurisdiction to license the promotion or holding of each and every professional sporting event named herein promoted or held in Georgia. The Commission shall be composed of seven voting members, three of which shall be appointed by the Governor, two from the field of professional athletics and one experienced in reporting professional athletics for initial terms of office of three, four and five years, respectively, two of which shall be ap pointed by the Lieutenant Governor for initial terms of office of three and four years, respectively, and two of which shall be appointed by the Speaker of the House of Representatives to initial terms of office of three and four years, respectively. After initial terms of office have been served, appointments shall be made by the above appointing officers, as stated above, for terms of five years each. Each vacancy shall be filled by the officer making the original appointment, for the term remaining in the vacating member's unexpired term. All appoint ments shall be subject to confirmation by the Senate. Each member of the Commission shall receive $25.00 per diem for each day spent on Commission business, plus ten cents per mile traveled on official busi ness. The Commission shall elect its own chairman from among its mem bership for a term of two years. A chairman may succeed himself. The Attorney General shall serve as an ex officio member in a nonvoting ca
pacity.

Section 2. Before any person, firm or corporation shall promote or hold a professional sporting event named herein in the State of Georgia, it shall first be necessary to obtain a license from the Com mission. The person, firm or corporation wishing to promote or hold such an event shall make application to the Commission on a form pro vided by the Commission. The chairman of the Commission, upon re ceiving such an application accompanied by a cashier's check made out to the State Athletics Commission for $500.00, which shall be a nonrefundable fee, shall, within ten days of receiving same, call a meeting of the Commission for the purpose of approving or rejecting the appli cation. The said fee can apply to one or more professional athletic events, in the discretion of the Commission; provided, however, the payment of one such fee with any application submitted for a professional athletic event which has its home events in Georgia, shall render said license valid for all events of the year in which the license is granted. The monies derived from said fees shall be kept and used by the Commission for carrying out its duties, except that any monies not used at the end of the fiscal year shall lapse and become a part of the State Treasury.

WEDNESDAY, MARCH 3, 1971

1849

At the discretion of the Commission the $500.00 fee may be waived if any of the major portion of the proceeds of any event go to charity. The meeting shall be held at a place designated by the chairman within 20 days of his call (or at a place designated by the four calling members
"within 20 days of their call).

Section 3. The Commission shall meet on call of the chairman (or upon the call of any four members) and shall decide by majority vote whether or not to issue any license requested. The Commission is hereby authorized to inquire into the financial backing of any professional athltic event named herein, and to obtain answers to written or oral questions propounded to the promoters, backers or other persons asso ciated with such professional athletic event. Any denial of a license shall be based on facts which tend to support the belief that the health, welfare, morals or safety of the citizens of Georgia will be harmed in the event such professional athletic event is permitted to take place.

Section 4. It shall be unlawful for any person, firm or corporation to promote or hold any professional sporting event named herein with out having first obtained a license from the Commission. A license shall be good for the time and number of events indicated on its face.

Section 5. The term "professional sporting event" shall include any professional boxing match, professional wrestling match, profes sional baseball game, professional basketball game, professional football game, professional golf tournament, professional soccer game, auto racing or drag racing or professional hockey game. Any such profes sional sporting event named herein from which the promoters can reasonably expect to have gross receipts of less than $10,000 for any one sporting event shall be exempt from coverage of this Act. Nothing in this Act shall have reference to any closed-circuit t.v. showing of any sports event, or any school-or church-sponsored athletic event.

Section 6. Violations of this Act shall be punished as for a mis demeanor.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Pickard of the 84th moved that the report of the Committee of Conference on SB 2 be adopted.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alien Atherton Barfield Battle

Bennett, J. T. Bennett, Tom Black Bohannon Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Buck Burruss

1850
Carr Carter Chance Chandler Chappell Cheeks Clements Collier Collins, S. Coney, G. D. Coney, J. L. Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dorminy Evans Farrar Felton Floyd, L. E. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Hadaway Ham Harrington Harrison Hawes Hays Hood Housley Howard Howell Hudson, C. M. Hudson, Ted

JOURNAL OF THE HOUSE,

Hutchinson Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford

Patterson Patten Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Roach Ross Rush Russell, A B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Sorrells Stephens Sweat Thomason Thompson Toles Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby
Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Blackshear

Bond Brown, B. D.

Daugherty Hill, B. L.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Bell Berry Brown, C.

Busbee Cole Collins, M. Colwell Conger

Cook Dailey Dean, N. Dixon Drury

Edwards Egan Ezzard Floyd, J. H. Grahl Griffin Gunter Hamilton Harris Hill, G. Horton

WEDNESDAY, MARCH 3, 1971

1851

Isenberg Johnson Larsen, W. W. Leggett Longino Matthews, D. R. Melton Moore Murphy Pearce Peters

Pinkston Eainey Reaves Smith, V. T. Snow Strickland Townsend Vaughn Mr. Speaker

On the motion, the ayes were 143, nays 6.

The report of the Committee of Conference on SB 2 was adopted.

Mr. Adams of the 39th stated that he has been called from the floor of the House when the roll was called on the adoption of the Committee of Conference report on SB 2, and had he been present, would have voted "aye".

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 277. By Messrs. Bennett, Scarborough, Brown and Pinkston of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Section 27-1403, relating to list of witnesses, furnished accused, so as to provide that a statement by the State Prosecutor that the State was not aware of certain evi dence at the time of furnishing the list of witnesses, creates only a presumption of such fact, and the defendant may offer evidence to rebut the presumption; and for other purposes.

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

On the passage of the Bill, the ayes were 97, nays 2.

The Speaker voted "aye".

On the passage of the Bill, the ayes were 98, nays 2.

1852

JOURNAL OF THE HOUSE,

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

HB 764. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 56-32, relating to property insurance, so as to provide the circumstances under which the amount of insurance set forth in certain insurance policies shall be taken conclusively to be the value of the property insured; and for other purposes.

The report 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 765. By Mr. McCracken of the 36th: A Bill to be entitled an Act to amend Code Section 56-2430.1, relating to the cancellation of certain insurance policies, so as to change certain definitions; and for other purposes.
The following amendment was read and adopted: Mr. McCracken of the 36th moves to amend HB 765 by striking
the word "less" in line 4 on page 3 and substituting in lieu thereof the word "more" and by striking the words "prior to" in line 5 on page 3 and substituting in lieu thereof the word "from".
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 98, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 13. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend an Act known as the Act creating the public school employees' retirement system, so as to provide that

WEDNESDAY, MARCH 3, 1971

1853

members of said system having ten or more years creditable service, who do not withdraw their contributions from the system shall not be re quired to remain actively employed in order to receive retirement benefits and shall begin receiving such benefits at their normal retire
ment date; 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 Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), so as to provide for certain conditions of membership; to provide for early retirement under certain conditions; to provide for actuarial reduction of benefits for such early retirement; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the Public School Employees Retire ment System, approved April 30, 1969 (Ga. Laws 1969, p. 998), is here by amended by adding at the end of Section 6 a new subsection to be designated subsection (c) and to read as follows:
"(c) Any person who was a public school employee for a period of ten (10) or more years at any time after July 1, 1945, and who, on the effective date of this Act had attained age 60 or over, shall be eligible for membership and may retire. The effective date of such individual's retirement shall be the first day of the month which occurs at least thirty (30) days after receipt of his Applica tion for Retirement by the Board of Trustees. Such effective date shall be the early retirement date of the member."
Section 2. Said Act is further amended by adding a new subsec tion at the end of Section 7 to be designated subsection (d) and to read as follows:
"(d) Any member exercising his right to retire at an early retirement date, as provided in subsection (c) of Section 6 of this Act, shall receive a monthly retirement benefit which shall begin on the early retirement date. Such benefit shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement benefit shall be computed in the same manner as for a normal retirement benefit based on the number of years of Creditable Service as of the member's early retirement date; except, however, such benefit shall be actuarially reduced at the rate of one-half of one perment (% of 1%) for each full month that such member is under sixty-five (65) years of age."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

1854

JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 voting1 in the affirmative were Messrs.

Adams, G. D. Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bosick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks
Clements
Cole
Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Grahl Granade Grantham Hadaway Ham Harrington Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R.

Jordan Knight Knowles Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moyer Mulherin Mullinax Nessmith Noble Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston

Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shepherd

WEDNESDAY, MARCH 3, 1971

1855

Sherman Sims Smith, H. R. Smith, J. R. Sorrells Stephens
Sweat Thompson Toles Triplett Tripp Turner

Vaughn Wamble
Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Buck Conger Cook Dailey Drury Egan Ezzard Floyd, J. H. Gignilliat Greer Criffin Gunter Hamilton

Harris Hill, G. Isenberg Keyton King Larsen, W. W. Lee, W. J. (Bill) Levitas Longino Matthews, D. R. Moore Morgan Murphy

Northcutt Nunn Pickard Rainey Russell, H. P. Shanahan Smith, V. T. Snow Strickland Thomason Townsend Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 0.

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

HB 496. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act relating to the regulation of the practice of dentistry, as amended, so as to regulate the filing of applications for dental licenses; and for other purposes.

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

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

1856

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Buck Burruss Carr Carter Chance Chappell Clements Cole Collier
Collins, S. Colwell Coney, G. D. Connell Davis, E. T. Davis, W. Dean, J. E. Dent Dorniiny Edwards Egan Evans Farrar Felton Floyd, L. R. Fraser Gaynor
Geisinger
Gignilliat

Grahl Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Jones, Herb Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles
Milford
Miller

Morgan Mulherin Nessmith Noble Northcutt Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Thomason Thompson Toles Townsend Triplet* Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson
Wood

Those voting in the negative were Messrs.:

Brown, C. Busbee

Dixon Jones, J. R.

Melton Russell, W. B.

WEDNESDAY, MARCH 3, 1971

1857

Those not voting were Messrs.:

Alexander, W. H. Battle Bell Brown, R. D. Chandler Cheeks Collins, M. Coney, J. L. Conger Cook Dailey Daugherty Dean, Gib Dean, N. Drury Ezzard

Ployd, J. H. Gary Greer Gunter Harris Hill, G. Isenberg Johnson Jordan Knight Larsen, W. W. Longino Marcus Matthews, D. R. Moore Moyer

Mullinax Murphy Nunn Oxford Phillips, W. R. Pickard Ross Smith, J. R. Snow Strickland Sweat Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 143, nays 6.

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

HB 819. 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 mar keting orders issued pursuant to the above Act may provide for the promotion of the marketing or surplus commodities through the estab lishment of surplus pools for any agricultural commodity; and for other purposes.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bell Bennett, J. T. Bennett, Tom

Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck

Burruss Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell

1858
Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Edwards Egan Evans Farrar Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted

JOURNAL OF THE HOUSE,

Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten

Pearce Peters Phillips, W. R. Pickard Pinkston Poole Potts Reaves Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative were Messrs. C. Brown and Busbee.

Those not voting were Messrs.:

Dailey Dean, N. Drury Ezzard Felton Floyd, J. H. Gunter

Harris Hood Isenberg Larsen, W. W. Levitas Lewis Longino

Matthews, D. R. Miller Moore Mullinax Murphy Phillips, G. S. Phillips, L. L.

WEDNESDAY, MARCH 3, 1971

1859

Rainey Roach Russell, A. B.

Smith, V. T. Thomason Ware

Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 2.

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

Mr. Rainey of the 47th stated that he had been called from the floor of the House when the roll was called on HB 819, and wished to be recorded as voting "aye".

Mr. Brown of the 32nd stated that he had inadvertently voted "nay" on the passage of HB 819, and wished to be recorded as voting "aye".
HB 595. By Mr. Conger of the 68th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, so as to allow the holding of liquor referenda within munici palities; and for other purposes.
Mr. Westlake of the 75th moved that HB 595 be placed on the table.
On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D.
Adams, Marvin Alien Barfield Black Bostick Bray Chance Chappell Collins, S. Coney, J. L. Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Edwards Floyd, L. R.

Granade
Ham Harris Hill, G. Hood Howard Hudson, Ted Jessup Johnson Jones, Herb Jones, J. R. Knowles Lane, W. J. Larsen, G. K. Lowrey Matthews, D. R. Mauldin McDonald Miles Milford

Nessmith
Noble Northcutt Patten Phillips, W. R. Rainey Reaves Roach Rush Salem Savage Shepherd Sims Smith, J. R. Toles Triplett Tripp Turner Westlake Wheeler, Bobby

1860

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Atherton Battle Bennett, J. T. Bennett, Tom
Berry Bond Bowen Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Cole Collier Collins, M. Coney, G. D. Conger Daugherty Dean, J. E. Dixon Egan Evans Farrar Felton

Fraser Gary Gaynor Gignilliat Griffin Hamilton Harrington Hawes Hill, B. L. Housley Howell Hudson, C. M. Hutchinson Isenberg King Knight Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Marcus Mason Matthews, C. Maxwell McDaniell Melton Miller

Morgan, Moyer Mulherin Mullinax Nunn Odom Pearce Peters Phillips, G. S. Phillips, L. L.
Pickard Pinks ton Potts Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shanahan Smith, H. R. Sorrells Stephens Thomason Thompson Townsend Vaughn Ware Wheeler, J. A. Whitmire Wilson

Those not voting were Messrs.:

Adams, John Bell Blackshear Bohannon
Brantley, H. L. Carter Chandler Cheeks Clements
Colwell Cook Dailey Drury
Ezzard Floyd, J. H. Geisinger

Grahl Grantham Greer Gunter Hadaway Harrison Hays Horton Jordan Keyton Lambert Larsen, W. W. Lewis Logan Longino McCracken

Merritt Moore Murphy Oxford Patterson Poole Ross Sherman Smith, V. T. Snow Strickland Sweat Wamble Williams Wood . Mr. Speaker

On the motion to table, the ayes were 60, nays 87. The motion was lost.

WEDNESDAY, MARCH 3, 1971

1861

The following Committee amendment was read and adopted:

The Committee on Temperance moves to amend House Bill No. 595 as follows :

Add: to caption:

The provision of this cost shall apply to municipalities with a popu lation of 5,000 or more as reflected by most recent U. S. census.

Add new Section 16 to read the same as Section 15 to wit: All laws and parts of laws in conflict with this act are hereby repealed.

Add new Section 15 to read to wit: The provisions of this act shall apply to municipalities with a population of 5,000 or more as reflected by most recent U. S. census.

An amendment, offered by Mr. Bennett of the 71st, was read and lost.

An amendment, offered by Mr. Mullinax of the 30th, was read and lost.

Mr. Murphy of the 19th moved that the House reconsider its action in adopt

ing the Committee amendment.

,,

The motion prevailed and the House reconsidered its action in adopting the Committee amendment to HB 595.

The Committee amendment was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, without the amendment.

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, John Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry Blackshear Bond Brantley, H. H.

Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Carr Cole Collier Collins, S.

Coney, G. D. Conger Connell Cook Daugherty Davis, E. T. Dent Dixon Egan Evans

1862
Parrar Felton Gary Gaynor Geisinger Grahl Greer Griffin Hamilton Harrington Harrison Hawes Hays Hill, B. L. Horton Housley Howell Hudson, C. M. Hutchinson Isenberg Jordan King Knight

JOURNAL OF THE HOUSE,

Kreeger Lambert Lee, W. J. (Bill) Levitas Marcus Matthews, C. Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nunn Odom Oxford Pearce

Peters Phillips, G. S. Phillips, L. L. Pickard Potts Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Smith, H. R. Snow Sorrells Stephens Sweat Thomason Thompson Townsend Vaughn Ware Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Adams, 6. D. Adams, Marvin Alexander, W. H. Alien Black Bohannon Bos tick Bowen Bray Chance Clements Colwell Coney, J. L. Davis, W. Dean, Gib Dean, N. Dorminy Drury Edwards Floyd, L. R. Fraser Gignilliat Granade

Hadaway Ham Harris Hill, G. Howard Hudson, Ted
Jessup Johnson Jones, Herb Jones, J. R. Knowles Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Leggett Lowrey Mason Matthews, D. R. Mauldin McDonald Moore Nessmith

Noble Northcutt Patterson Patten Phillips, W. R. Pinkston Rainey Reaves Roach Rush Salem Sims Smith, J. R. Toles Tripp Turner Wamble Westlake Wheeler, Bobby Whitmire Williams

Those not voting were Messrs.:

Alexander, W. M. Barfield Brown, S. P.

Carter Chandler Chappell

Cheeks Collins, M. Dailey

Dean, J. E. Ezzard Floyd, J. H. Grantham Gunter Hood Keyton

WEDNESDAY, MARCH 3, 1971

1863

Larsen, W. W. Lewis Logan Longino Poole Ross Shepherd

Sherman Smith, V. T. Strickland Triplett Wood Mr. Speaker

On the passage of the Bill, the ayes were 99, nays 67.

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

Mr. Hill of the 97th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 595.

HB 111. By Messrs. Nunn of the 41st, Odom and Lee of the 61st, Patterson of the 20th and others:
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; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend House Bill No. Ill as follows:
On page 4, Section 10 by striking the word "or" on line 17 and by adding a comma in lieu of the period on line 19, and the follow ing sentence "or (4) as otherwise provided by law."
and
On page 5, line 4 after the word "description" and before the word "to" by adding the words "together with other pertinent in formation as required by the Attorney General"
On page 4, line 11 after the word "information" the words "concerning criminal investigations" and on line 14 after the word "investigation" the words "concerning criminal investigation"

The following amendments were read and adopted: Mr. Adams of the 9th moves to amend HB 111 as follows:

1864

JOURNAL OF THE HOUSE,

On page 4, line 18, insert "," after the word "officer"; then insert the words "and to others."

Mr. Morgan of the 23rd moves to amend HB 111, Section 10, by adding after "upon" on line 17, the words "arraignment or".

Mr. Morgan of the 23rd moves to amend HB 111, Section 9, by adding after the word "arrests" on Line 9, the words "carry firearms,".

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Carr Chance Chandler Chappell Clements Cole Coiling, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Egan

Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, G.
Horton Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson
Jones, Herb Jones, J. R. Jordan
King Knight Knowles

Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald
Melton Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn Odom
Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R.

Pinkston Rainey Roach Rush Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Shepherd

WEDNESDAY, MARCH 3, 1971

1865

Sims Smith, H. R.
Smith, J. R. Smith, V. T. Snow Sorrells
Stephens Strickland
Sweat Townsend

Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A.
Whitmire Williams

Those voting in the negative were Messrs.:

Bennett, J. T. Black Bostick Bowen Collins, M. Housley

Howell Lane, Dick Lane, W. J. Matthews, D. R. Miles Oxford

Patten Potts Reaves Russell, H. P. Wamble

Those not voting were Messrs.:

Alien Barfield Bennett, Tom Berry Blackshear
Bond Brown, B. D. Brown, S. P. Buck Burruss Busbee Carter Cheeks Collier Conger Dailey

Davis, E. T. Dean, J. E. Dorminy
Evans Floyd, J. H. Geisinger
Greer Griffin Harrison
Hill, B. L. Hood Keyton Larsen, W. W. Longinp McCracken
Murphy

Noble
Pearce Peters Pickard Poole Ross Savage Sherman Thomason Thompson Toles Triplett Ware Wilson
Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 130, nays 17.

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

Mr. Bennett of the 81st stated that he was in a sub-committee meeting when the roll was called on HB 111, as amended, and had he been present he would have voted "aye".

Mr. Murphy of the 19th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 111, as amended.

1866

JOURNAL OF THE HOUSE,

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 340. By Messrs. Rainey of the 47th, Peters of the 2nd, Housley of the 117th, Adams of the 100th and Hays of the 1st:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of the State Game and Fish Com mission, so as to change the fees prescribed for certain hunting and fishing licenses; and for other purposes.

The Senate has adopted the Second Conference Committee Report on the following Bill of the House, to-wit:

HB 123. By Messrs. Melton and Brown of the 32nd, Miles of the 78th, Mullinax of the 30th and Cook of the 95th:
A Bill to amend an Act approved February 28, 1965, p. 268, so as to increase the excise tax on cigarettes; to impose an excise tax on cigar ettes held or possessed by every dealer or distributor of cigarettes on the effective date of this Act; and for other purposes.

The Speaker announced the House recessed until 1:30 o'clock, P.M. AFTERNOON SESSION
The Speaker called the House to order.
The following Resolution of the House was read and adopted:
HR 327. By Messrs. Adams, Lowrey and Toles of the 9th: A RESOLUTION
Commending Sgt. Coy Smith; and for other purposes. WHEREAS, Sgt. Coy Smith of the Floyd County Police Depart ment has been rendering excellent service to the people of Floyd County for many years; and WHEREAS, he has been honored for the outstanding work he has done with the Schoolboy Patrol in Floyd County; and

WEDNESDAY, MARCH 3, 1971

1867

WHEREAS, he is an active member in the civic and religious af fairs of his community, and was honored by the Rome Shrine Club as "Shriner of the Year"; and

WHEREAS, he demonstrated extreme skill and bravery this past summer in Daytona Beach, Florida, when he rescued a drowning man from a motel pool and revived him with artificial respiration; and

WHEREAS, it is only fitting and proper that Sgt. Smith be recog nized for his outstanding heroism and for dedicated service as a police man.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Sgt. Coy Smith for his outstanding service to Floyd County and does hereby recognize and commend his act of valor beyond the call of duty.

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 Sgt. Coy Smith.

The following Resolution of the House was read and referred to the Com mittee on State Planning and Community Affairs:

HR 328. By Messrs. Cheeks and Miles of the 78th, Smith of the 80th and Dent of the 79th:
A RESOLUTION
Naming the Honorable Stephen Herbert Elliott, Sr. as Richmond County Commissioner Emeritus; and for other purposes.
WHEREAS, the Honorable Stephen Herbert Elliott, Sr. has served with distinction as a member of the Board of Commissioners of Rich mond County for 16 years; and
WHEREAS, he was first elected to membership on the Board of Commissioners in January, 1951, and served through December, 1954, and was reelected in January, 1958, and served through December 31, 1970; and
WHEREAS, under his leadership the Richmond County recreation program had its beginning, and this outstanding recreational program enjoyed its major growth and development while the Honorable Stephen Herbert Elliott, Sr. served as Chairman of the Recreation Committee; and
WHEREAS, the Richmond County City-County Building became a reality through his tireless efforts; and

1868

JOURNAL OF THE HOUSE,

WHEREAS, he fought for a rehabilitation program in the the cor rectional institution of the County; and

WHEREAS, his years of service have provided him with a keen insight into the problems and needs of Richmond County; and

WHEREAS, his advice and counsel will be of immense assistance to both the present and future governing authorities of Richmond County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby name the Honorable Stephen Herbert Elliott, Sr. as Richmond County Commissioner Emeri tus, and does hereby commend and congratulate him for his many years of dedicated service to the people of Richmond County and to the improvement of government.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Honorable Stephen Herbert Elliott, Sr.

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

HR 329. By Messrs. Bennett, Barfield, and Reaves of the 71st, Bostick of the 63rd, Fk>yd of the 7th and Murphy of the 19th:
A RESOLUTION
Relative to the use of roadside parks and rest areas adjacent to the public highways of this State; and for other purposes.
WHEREAS, the State Highway Department has constructed road side parks and rest areas adjacent to the public highways of this State for the convenience and safety of the motoring public; and
WHEREAS, such facilities were not intended for use as overnight sleeping facilities or camping areas; and
WHEREAS, a number of these facilities are being used for the purpose of overnight rest stops; and
WHEREAS, the State of Georgia is blessed with adequate public and private camping facilities, State parks and overnight accommoda tions for the use of the motoring public; and
WHEREAS, in many areas it is unwise and unsafe for persons to use highway rest areas and roadside parks for the purpose of spending the night.

WEDNESDAY, MARCH 3, 1971

1869

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Director of the Department of Public Safety is hereby requested to instruct the members of the Georgia State Patrol, while engaged in patrolling the highways of this State, who find motorists using roadside parks and rest areas for the purpose of spending the night, to request said motorists, for their own safety and the convenience of the motoring public, to use proper accommoda tions and facilities for such overnight accommodations and to direct them to such facilities.

BE IT FURTHER RESOLVED that the Director of the Depart ment of Public Safety is further requested to instruct the members of the State Patrol to employ the utmost courtesy to the members of the motoring public who are so instructed.

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 Director of the Department of Public Safety.

The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 330. By Messrs. Harrington of the 34th, Morgan of the 23rd, Russell of the 14th, Jones of the 4th and Drury of the 66th:
A RESOLUTION
Creating a Family and Children Services Study Committee; and for other purposes.
WHEREAS, the State Department of Family and Children Services was created in 1937 and has continued in operation essentially un changed since such time; and
WHEREAS, many Federal and State welfare programs are now coordinated with this State Department, and Family and Children Services is a rapidly expanding area of governmental services; and
WHEREAS, the present State Board of Family and Children Services only meets biannually and only acts in an advisory capacity; and
WHEREAS, the members of this Body need to study the function ing of this Department in order to see if changes in its operation are needed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Family and Children Services Study Committee to be composed of seven members

1870

JOURNAL OF THE HOUSE,

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 State Department of Family and Children Services and study the feasibility and need for an active board to supervise the operations of said Department of Family and Children Services. The Committee shall be authorized to make such inquiries and investigations as it deems necessary in completing 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 appropriated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1972 Session of the General Assembly of Georgia at which time the Committee shall stand abolished.

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 734. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", as amended, so as to provide for an extended benefits program; and for other purposes.

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, G. D. Adams, John Barfield Battle Bennett, J. T. Bennett, Tom Black Bohannon Brantley, H. H. Brown, C. Brown, S. P. Busbee Carr Carter Chandler

Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Davis, W. Dean, N. Dent Dixon

Dorminy Drury Edwards Evans Farrar Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Griffin Hadaway Harris

Harrison Hays Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton Knight Knowles Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Matthews, C. Matthews, D. R.

WEDNESDAY, MARCH 3, 1971

1871

Mauldin Maxwell McDonald Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Noble Northcutt Nunn Odom Patterson Patten Peters Phillips, L. L. Pinkston Potts Reaves Roach Ross Rush

Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Smith, H. R. Smith, J. R. Snow Sorrells Strickland Sweat Toles Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.

Brantley, H. L. Ham

Lane, W. J. Murphy

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bell Berry Blackshear Bond Bo stick Bowen Bray Brown, B. D. Buck Burruss Chance Collins, M. Cook Dailey Daugherty

Davis, E. T. Dean, Gib Dean, J. E. Egan Ezzard Felton Floyd, J. H. Gaynor Grahl Greer Gunter Hamilton Harrington Hawes Hill, B. L. Hill, G. Hood Horton Housley Howard

Nessmith Scarborough
Jones, Herb King Kreeger Lambert Levitas Lewis Longino Mason McCracken McDaniell Merritt Moore Oxford Pearce Phillips, G. S. Phillips, W. R. Pickard Poole Rainey Shepherd

1872
Sherman Sims Smith, V. T. Stephens

JOURNAL OF THE HOUSE,

Thomason Thompson Townsend Triplett

Wamble Wilson Mr. Speaker

On the passage of the Bill, the ayes were 118, nays 6.

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

Mrs. Merritt of the 46th and Messrs. Kreeger, Burruss and Atherton of the 117th stated that they had been called from the floor of the House when the roll was called on HB 734, and wished to be recorded as voting "aye".

The following Bill of the House was taken up for the purpose of consideringthe Senate substitute thereto:
HB 469. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Court of Hall County, so as to change and increase the terms of said court; and for other purposes.
The following Senate Substitute was read:
A BILL
To be entitled an Act to amend an Act establishing the State Court of Hall County (formerly the City Court of Hall County), approved August 14, 1891 (Ga. Laws 1890-91, Vol. 2, p. 939), as amended, par ticularly by an Act approved July 29, 1912 (Ga. Laws 1912, p. 237), an Act approved July 31, 1916 (Ga. Laws 1916, p. 226), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 3229), so as to change and increase the terms of said Court; to change the compensation of the judge and solicitor of said Court; to provide for the filling of vacancies; to provide for an office for said judge and his powers, duties and au thority; to provide for fees; to provide that there shall be no minimum jurisdictional amount; to provide for certain civil complaints and the trial thereof; to provide for juries; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act establishing the State Court of Hall County (formerly the City Court of Hall County), approved August 14, 1891 (Ga. Laws 1890-91, Vol. 2, p. 939), as amended, particularly by an Act

WEDNESDAY, MARCH 3, 1971

1873

approved July 29, 1912 (Ga. Laws 1912, p. 237), an Act approved July 31, 1916 (Ga. Laws 1916, p. 226), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 3229), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. There shall be a judge of said State Court, who shall be elected by the qualified voters of Hall County and who shall, after the first term of office hereinafter provided for, hold an office for the term of four years, and all vacancies in the office of judge, except as hereinafter provided, shall be filled by appoint ment by the Governor for the remainder of the unexpired term. The judge of said State Court shall receive a salary of $18,000 per annum, payable in equal monthly installments from the funds of Hall County. It shall be the duty of the Ordinary of Hall County, or other proper officer of said County to make provisions annually in levying taxes for this purpose. The qualifications of the judge of the State Court of Hall County shall be the same as those of a judge of the Superior Courts, and the laws prohibiting a Superior Court judge from engaging in the private practice of law shall be applicable to the judge of the State Court of Hall County."

Section 2. Said Act is further amended by striking from Section 4 the following:
"$5,400.00",

and inserting in lieu thereof the following: "$9,000.00",

and inserting at the end of said Section the following:
"All vacancies in the office of solicitor, except as hereinafter provided, shall be filled by appointment of the Governor for the unexpired term of the solicitor whose office is vacant.",

"Section 4. There shall be a solicitor for said Court who shall have practiced law for two years, who shall be elected by the qualified voters of Hall County, whose term of office after the first term of office hereinafter provided for shall be for four years, whose salary shall be $9,000.00 per annum, payable monthly; the clerk and sheriff and their deputies of the Superior Court of Hall County shall be ex officio clerk, sheriff and deputies of said State Court, and for services rendered in said Court shall be entitled to the same fees as are allowed the solicitors-general and the clerks and sheriffs by law in the Superior Court, and discharge the same duties and shall be subject to the same obligations and penalties. All vacancies in the office of solicitor, except as herein after provided, shall be filled by appointment of the Governor for the unexpired term of the solicitor whose office is vacant."

Section 3. Said Act is further amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20, to read as follows:

1874

JOURNAL OP THE HOUSE,

"Section 20. There shall be 12 terms of the State Court of Hall County each year, one term in each calendar month as fixed and established by the judge thereof in cooperation with the judges of the Superior Court of the Northeastern Judicial Circuit."

Section 4. Said Act is further amended by inserting therein a new Section, to be known as Section 3A, to read as follows:
"Section 3A. The judge of said Court shall have an office provided for him in the Hall County Courthouse, and he shall have the power and authority to issue criminal warrants for any crime committed within Hall County, and shall also have the power and authority to conduct and hold committal hearings and set a bond upon any warrant (after arrest) which has been issued by any lawful authority within Hall County, Georgia. The fees after the performance of said duty shall be the same as those presently fixed by law, and they shall be received and paid into County funds the same as other court costs, or fees."

Section 5. Said Act is further amended by inserting therein a new Section, to be known as Section 1A, to read as follows:

Section 1A. There shall be no minimum jurisdictional amount in said Court."
Section 6. Said Act is further amended by inserting therein a new Section, to be known as Section 15A, to read as follows:

"Section ISA. A party shall have the right to file a complaint in debt for any sum up to $750.00 upon a form which shall be furnished by and at the expense of the County. After said complaint is filled out and signed, it shall be filed and docketed, and shall be disposed of by trial without a jury, unless a jury trial be demanded in writing, at the time said complaint is filed with the clerk, or at the time the answer is filed thereto, if demanded by the de fendant. In any case, the judge may in his discretion order a jury trial."

Section 7. Said Act is further amended by inserting therein a new Section, to be known as Section 9A, to read as follows:
"Section 9A. The trial of all other civil cases, except those enumerated in Section 15A, shall be tried by a jury of six, unless there is a written demand for a jury of twelve filed at the time of filing the complaint, or at the time the answer is filed, if demanded by the defendant. The parties, or their attorneys may, by agree ment waive the right to a trial by jury."

Section 8. Said Act is further amended by striking Section 4 of the amendatory Act, approved July 29, 1912 (Ga. Laws 1912, p. 237), in its entirety.
Section 9. Said Act is further amended by striking Section 4 of

WEDNESDAY, MARCH 3, 1971

1875

the amendatory Act, approved July 31, 1916 (Ga. Laws 1916, p. 226), in its entirety.

Section 10. This Act shall become effective on April 1, 1971.

Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

The following House amendment to the Senate substitute was read and adopted:

Messrs. Williams, Wood and Whitmire of the llth move to amend the Senate substitute to HB 469 as follows:
Section 1 of said Senate Substitute is amended by deleting the figures "$18,000.00" in line 70 of said substitute and inserting in lieu thereof the figures "$24,000.00".
Section 4 of said Senate Substitute is stricken in its entirety and a new section 4 shall be substituted therefor to read as follows:
Said Act is further amended by inserting therein a new section to be known as Section 3A to read as follows:
"Section 3A. The judge of said court shall have an office provided for him in the Hall County Courthouse."

Mr. Williams of the llth moved that the House agree to the Senate substi tute, as amended by the House.
On the motion, the ayes were 105, nays 0.
The motion prevailed and the Senate substitute to HB 469 was agreed to, as amended by the House.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 569. By Messrs. Battle of the 90th, Greer of the 95th, Stephens of the 103rd, Gaynor of the 88th and Triplett of the 93rd: A Bill to be entitled an Act to provide for the settlement of disputes concerning wages and rates of pay and other terms and conditions of employment of employees of certain fire departments; and for other purposes.

1876

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Battle of the 90th moves to amend HB 569 by adding the following at the end of Section 12:

"Whether or not a collective bargaining agreement has been negotiated, no firefighter shall engage in any work stoppage, slow down or strike at any time."

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, John Adams, Marvin Alexander, W. M. Alien Barfield Battle Bennett, J. T. Bennett, Tom
Black Blackshear Bohannon
Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Coiling, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Davis, E. T.

Davis, W. Dean, J. E.
Dean, N. Dent
Dorminy Drury Edwards Evans Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Harrington Harris Harrison Hays Hill, B. L. Hood Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan Keyton Knight

Knowles Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Matthews, D. R. Mauldin Maxwell McDonald
Melton Merritt Miles Milford Morgan Moyer Mulherin Mullinax
Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, L. L.

Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Salem

WEDNESDAY, MARCH 3, 1971

1877

Savage Shanahan Shepherd
Sims Smith, H. R. Smith, J. R.
Snow Sorrells Strickland
Sweat Toles

Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Adams, G. D. Alexander, W. H. Atherton Bell Berry Bond Bray Brown, B. D. Buck Burruss Collins, M. Cook Dailey Daugherty Dean, Gib Dixon Egan Ezzard Farrar Felton Floyd, J. H.

Fraser Gary Ham Hamilton
Hawes Hill, G. Horton Housley Howard Howell Johnson Jones, Herb King Kreeger
Lambert Lane, Dick Levitas Longino Mason Matthews, C. McCracken

McD'aniell Miller Moore Pearce Phillips, G. S. Pickard Ross Russell, W. B. Scarborough Sherman Smith, V. T. Stephens Thomason Thompson Townsend Triplett Ware Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 134, nays 0.

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

By unanimous consent, HB 569, as amended, was ordered immediately transmitted to the Senate.

Mr. Jones of the 87th stated that he had been called from the floor of the House when the roll was called on HB 569, as amended, and wished to be recorded as voting "aye".

1878

JOURNAL OF THE HOUSE,

HB 797. By Messrs. Westlake, Davis and Floyd of the 75th, Larsen of the 113th, Noble of the 73rd, Lane of the 101st, Collins and Geisinger of the 72nd:
A Bill to be entitled an Act to amend Code Section 61-302, relating to summons served on defendants in proceedings against tenants holding over, as amended, so as to change the provisions relative to service of summons; and for other purposes.
The following amendment was read and adopted:
4
Messrs. Howard and McDaniell of the 117th move to amend HB 797 by inserting after the figures "61-302," the figures "61-303" in line 1 of page 1 and by inserting after the word "summons," the words "and answer and trial;" and by renumbering Section 2 as Section 3 and adding the following as Section 2:
Section 2. Said Code Chapter is further amended by striking Code Section 61-303 in its entirety and inserting in lieu thereof a new Code Section to read as follows:
"61-303 Answer and Trial--At or before the time of the hearing the Defendant may answer in writing. Also, the Defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense, or counter claim. If the tenant fails to answer, the court shall issue a writ of possession; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 61-301 were supported by proper evidence without the intervention of a jury.
If the tenant answers, a trial of the issues shall be had in accordance with procedures prescribed for civil actions in Courts of Record. Every effort should be made by the Trial Court to expedite a trial of the issues. The Defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that the tenant at the time of his answer pays rent into the registry of the court pursuant to Section 4 of this Act."

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

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

Those voting in the affirmative were Messrs.:

Adams, John Adams, Marvin
Alexander, W. M. Alien

Atherton Barfield
Battle Bell

Bennett, J. T. Bennett, Tom
Bostick Brantley, H. H.

Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Cook Davis, E. T. Davis, W. Dean, Gib Dean, N.
Dent
Dixon
Dorminy
Drury
Edward
Egan
Farrar
Felton
Floyd, L. R.
Eraser
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Granade
Graritham

WEDNESDAY, MARCH 3, 1971

1879

Griffin Hadaway Ham Harrington Harris Harrison Hays Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, W. J. Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Logan
Lowrey
Matthews, C.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Morgan

Mulherin Mullinax Murphy Nessmith Noble Northcutt Odom Oxford Patterson Patten Peters Pinkston Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Sims Smith, H. R.
Smith, J. R.
Sorrells
Stephens
Strickland
Sweat
Toles
Turner
Vaughn
Ware
Westlake
Wheeler, Bobby
Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Blackshear Bond Brown, B. D. Daugherty

Evans Greer Hamilton Hill, B. L. Horton

Lane, Dick Phillips, L. L. Eussell, W. B. Thomason

1880

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Berry Black Bohannon Bowen Buck Collins, M. Connell Dailey Dean, J. E. Ezzard Floyd, J. H. Gunter Hawes Hill, G.

Hood Jessup Knight Levitas Lewis Longino Marcus Mason Matthews, D. R. McCracken Moore Moyer Nunn Pearce Phillips, G. S.

Phillips, W. R. Pickard Poole Rainey Shepherd Sherman Smith, V. T. Snow Thompson Townsend Triplett Tripp Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 136, nays 14.

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

Mr. Lane of the 101st stated that he had inadvertently voted "nay" on the passage of HB 797, as amended, and had intended to vote "aye".

Mr. Triplett of the 93rd stated that he had been called from the floor of the House when the roll was called on HB 797, as amended, and wished to be recorded as voting "aye".

By unanimous consent, HB 797, as amended, was ordered immediately trans mitted to the Senate.
HB 405. By Messrs. Brown of the 32nd, Marcus of the 105th, Mullinax of the 30th, Melton of the 32nd, Howell of the 60th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that effective July 1, 1972, whenever any local unit of education shall determine that it will need one or more school bus bodies for the coming school year the local unit shall report its requirement to the State Board of Edu cation which shall compile requirements from all boards of education and submit them to the State Supervisor of Purchases; and for other purposes.
Mr. Bostick of the 63rd moved that HB 405 be placed on the table.

WEDNESDAY, MARCH 3, 1971

1881

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

Those voting in the affirmative were Messrs.

Adams, Marvin Barfield Bennett, J. T. Black Bohannon Bos tick Bowen Chance Clements Cole Colwell Davis, E. T. Dean, N. Dorminy Drury Edwards Farrar

Felton Grahl Gunter Harris Hays Hudson, Ted Isenberg Johnson King Knowles
Lane, W. J. Leggett Lewis Mason Matthews, D. R. McDaniell McDonald

Moore Moyer Murphy Nessmith Northcutt Patterson Patten Pearce Rainey Roach Salem Scarborough Smith, J. R. Triplett Tripp

Those voting in the negative were Messrs.

Adams, G. D. Alexander, W. M. Alien Atherton Bell Bennett, Tom Blackshear Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chappell Cheeks Collier Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Dean, Gib

Dean, J. E. Dent Egan Evans Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harrison Hawes Hill, B. L. Hill, G. Howard Hudson, C. M. Hutchinson Jessup Jones, Herb Jones, J. R. Jordan Keyton

Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, C. Mauldin Maxwell McCracken Melton Merritt Miles Milford Miller Morgan
Mulherin Mullinax Noble Nunn Phillips, G. S. Phillips, L. L. Phillips, W. R.

1882
Poole Reaves Ross Russell,,, A. B. Russell, H. P. Savage Shanahan Shepherd

JOURNAL OF THE HOUSE,

Sims Smith, H. R. Snow Stephens Strickland Thomason Toles Townsend

Turner Vaughn Ware Westlake Wheeler, Bobby Williams Wilson Wood

Not voting were Messrs.:

Adams, John Alexander, W. H. Battle Berry Buck Chandler Collins, M. Dailey Davis, W. Dixon Ezzard Floyd, J. H.

Greer Hood Horton Housley Howell Longino Odom Oxford Peters Pickard Pinkston Potts

Rush Russell, W. B. Sherman Smith, V. T. Sorrells Sweat Thompson Wamble Wheeler, J. A. Whitmire Mr. Speaker

On the motion to table, the ayes were 49, nays 111.

The motion was lost.

The following amendment was read:
Mr. Turner of the 3rd moves to amend HB 405 by changing the word "shall" on line 26 of page 1 to the word "may".

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, Marvin Alexander, W. H. Alien Berry Black Bohannon Bostick Burruss

Chance Cole Collins, M. Colwell Davis, E. T. Dean, N. Dorminy Edwards

Gignilliat Grahl
Gunter Hadaway Harris
Hudson, C. M. Hudson, Ted Jessup

WEDNESDAY, MARCH 3, 1971

1883

Johnson Jones, Herb Jones, J. R. King Knowles Lane, W. J. Leggett Lewis Logan Matthews, C. Matthews, D. R. Maxwell

McDonald Moore Morgan Moyer Murphy Nessmith Northcutt Oxford Patterson Patten Pearce Phillips, G. S.

Potts Reaves Rush Salem Smith, J. R. Sorrells Triplett Tripp Turner Wheeler, J. A.

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Alexander, W. M. Atherton Barfield Bell Bennett, Tom Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Carter Chandler Chappell Clements
Collier
Collins, S.
Coney, G. D.
Conger
Connell
Cook
Daugherty
Davis, W.
Dean, Gib
Dean, J. E.
Dent
Dixon
Egan
Evans
Ezzard
Felton

Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Griffin Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell Hutchinson
[senberg
Jordan
Keyton
Knight
Kreeger
Lambert
Lane, Dick
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lowrey
Marcus
Mason
Mauldin

McCracken McDaniell Melton Milford Miller Mullinax Noble Nunn Phillips, L. L. Phillips, W. R. Pinkston Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Sims
Smith, H. R.
Snow Stephens
Strickland
Sweat
Thomason
Tbles
Townsend
Vaughn
Wamble
Westlake
Wheeler, Bobby
Whitmire
Williams
Wilson
Wood

1884

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Battle Bennett, J. T. Bowen Brantley, H. L. Buck Cheeks Coney, J. L, Dailey Drury Parrar

Floyd, J. H. Greer Hood Housley Longino Merritt Miles Mulherin Odom Peters

Pickard Poole Rainey Shepherd Sherman Smith, V. T. Thompson Ware Mr. Speaker

On the adoption of the amendment, the ayes were 58, nays 108.

The amendment was lost.

Mr. Cheeks of the 78th stated that he had been called from the floor of the House when the roll was called on the adoption of the Turner amendment to HB 405, and wished to be recorded as voting "nay".

The following amendment was read:
Messrs. Turner of the 3rd and Hudson of the 28th move to amend HB 405 by adding at the end of line 27, page 2 the words "for which they may accept or reject".

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, Marvin Alexander, W. H. Alien Battle Berry Black Bohannon
Chance , Cole Collins, M. Colwell Davis, E. T. Dean, N. Dorminy Drury

Edwards Gary Gignilliat Grahl Grantham Griffin Gunter
Hadaway Harris Hudson, C. M. Hudson, Ted Jessup Johnson Jones, Herb Jones, J. R.

King Knowles Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Logan
Matthews, C. Matthews, D. R. Maxwell McDonald Moore Morgan Moyer Murphy

Nessmith Northcutt Oxford Patterson Pearce

WEDNESDAY, MARCH 3, 1971

1885

Reaves Rush
Salem Smith, J. R. Smith, V. T.

Sorrells Triplett Tripp Turner Wheeler, J. A.

Those voting in the negative were Messrs. :

Adams, G. D. Adams, John Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements Collier Collins, S. Coney, G. D.
Conger Connell Cook Daugherty Davis, W. Dean, Gib Dean, J. E. Dent Dixon Egan Evans

Ezzard Felton Floyd, L. R. Fraser Gaynor Gei singer Granade Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hutchinson
Isenberg Jordan
Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S.
Levitas Lowrey Marcus Mason Mauldin McCracken McDaniell

Melton Milford Miller Mullinax Noble Nunn Patten Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts
Roach Ross Russell, A. B. Russell, H. P. Russell, W. B.
Savage Scarborough Shanahan Sims Smith, H. R. Snow Stephens Strickland Sweat Thomason Toles Townsend
Vaughn Wamble Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Bostick Bowen Brantley, H. L. Buck Coney, J. L. Dailey Farrar Floyd, J. H.

Greer Hood Longino Merritt Miles Mulherin Odom Peters

Pickard Poole Rainey Shepherd Sherman Thompson
Ware Mr. Speaker

1886

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 60, nays 111.

The amendment was lost.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. M. Atherton Battle Bell Bennett, Tom Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Carter Chandler Chappell
Cheeks
Collins, S.
Coney, G. D.
Conger
Connell
Cook
Daugherty
Davis, W.
Dean, Gib
Dean, J. E.
Dent
Dixon
Egan
Evans
Ezzard
Felton

Floyd, L. E. Fraser Gaynor Geisinger Granade Hadaway Ham Hamilton Harrington Harrison Hawes Hill, B. L. Hill, G. Hood Horton Howard Howell Hutchinson Isenberg
Jordan
Keyton
Knight
Kreeger
Lambert
Larsen, G. K.
Larsen, W. W.
Lee, W. S.
Levitas
Lowrey
Marcus
Mason
Mauldin
McCracken
Melton
Merritt

Milford Miller Mullinax Noble Nunn Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Sims Smith, H. R.
Stephens
Strickland
Sweat
Thomason
Toles
Townsend
Vaughn
Wamble
Westlake
Wheeler, Bobby
Whitmire
Williams
Wilson
Wood

WEDNESDAY, MARCH 3, 1971

1887

Those voting in the negative were Messrs.:

Adams, Marvin Alexander, W. H. Alien Barfield Bennett, J. T. Berry Black Bohannon Bostick Chance Clements Cole Collier Collins, M. Colwell Davis, E. T. Dean, N. Dorminy Drury Edwards Gary Gignilliat Grahl Grantham

Griffin Gunter Harris Hays Housley Hudson, C. M. Hudson, Ted Jessup Johnson Jones, Herb Jones, J. E. King Knowles Lane, Dick Lane, W. J. Leggett Lewis Logan Matthews, C. Matthews, D. R. Maxwell McDonald Moore

Morgan Moyer Murphy Nessmith Northcutt Oxford Patterson Patten Pearce Peters Potts Rainey Reaves Salem Shepherd Smith, J. R. Smith, V. T. Snow Sorrells Triplett Tripp Turner Wheeler, J. A.

Those not voting were Messrs.:

Bowen Brantley, H. L. Buck Burrus s Coney, J. L. Dailey Farrar Ployd, J. H.

Greer Lee, W. J. (Bill) Longino McDaniell Miles Mulherin Odom Pickard

Poole Rush Sherman Thompson Ware Mr. Speaker

On the passage of the Bill, the ayes were 103, nays 70.

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

Mr. Drury of the 66th stated that he had inadvertently voted "nay" on the passage of HB 405, and had intended to vote "aye".
Mr. Murphy of the 19th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 405.

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

1888

JOURNAL OF THE HOUSE,

HB 585. By Mr. Carter of the 64th:
A Bill to be entitled an Act to create a new board of education of Berrien County and to provide for the election thereof; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 585 as follows:
By striking the figure "1971", which appears on line 3 of page 3, and by inserting in lieu thereof the figure "1972".

Mr. Carter of the 64th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 585 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:
SB 111. By Senators Webb of the llth, Plunkett of the 30th and Dean of the 6th:
A Bill to be entitled an Act to authorize and direct any electric mem bership corporation under the laws of the State to redeem capital credits and pay the proceeds thereof to the surviving spouse or certain other family members, of any person who dies intestate owning capital credits in such electric membership corporation; and for other purposes.

The following House amendment was read:
Mr. Howell of the 60th moves to amend SB 111 by striking lines 14 and 15 of page 2 and by substituting in lieu thereof the following:
"Section 2. This Act shall become effective upon being signed by the Governor or upon becoming law without his signature."
And by adding, after line 15 of page 2, a new Section 3 to read as follows:

WEDNESDAY, MARCH 3, 1971

1889

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

The following Senate amendment to the House amendment was read:
The Senate offers the following amendment to the House amend ment:
Amend SB 111 by adding after the word "signature." on line 4 a new paragraph to read as follows:
"And by adding after the word 'foregoing;' on page 1, line 14, the following: 'to provide an effective date;'"

Mr. Howell of the 60th moved that the House agree to the Senate amend ment to the House amendment.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom
Black Blackshear Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Carter Chance Chandler

Chappell Clements Cole Collier
Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger Connell Cook
Daugherty
Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Drury Edwards
Egan
Evans Parrar Felton
Floyd, L. R. Fraser Gary

Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harris
Harrison Hawes Hays Hill, B. L. Hill, G.
Horton Howell Hudson, C. M.
Hudson, Ted Hutchinson Jessup
Johnson Jones, Herb Jones, J. R. Jordan Keyton

1890

JOURNAL OF THE HOUSE,

Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Milford Miller

Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, L. L. Phillips, W. R. Pinkston Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P.

Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Sorrells Stephens Strickland Sweat Thomason Toles Tripp Turner Ware Westlake Wheeler, Bobby Whitmire Williams Wood

Those not voting were Messrs.:

Berry Bohannon Buck Burruss Cheeks Dailey Dean, J. E. Dixon
Ezzard
Floyd, J. H.
Greer
Gunter
Hood
Housley

Howard Isenberg King Leggett Longino Mason McCracken McDaniell
Miles
Moore
Pearce
Phillips, G. S.
Pickard
Poole

Rainey Sherman Smith, J. R. Smith, V. T. Snow Thompson Townsend Triplett
Vaughn
Wamble
Wheeler
Wilson
Mr. Speaker

On the motion, the ayes were 154, nays 0.

The motion prevailed and the Senate amendment to the House amendment to SB 111 was agreed to.

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

WEDNESDAY, MARCH 3, 1971

1891

HB 563. By Messrs. Vaughn and Jordan of the 74th, Thomason, Farrar, Levitas and Russell of the 77th and others:
A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to change the compensation of the judges of said court; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 563 by striking Section 2 in its entirety and inserting in lieu thereof the following:

"Section 2. This Act shall become effective on January 1, 1972."

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

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 563 was agreed to.

HB 169. By Mr. Lewis of the 37th: A Bill to be entitled an Act to provide that the governing authorities of certain counties shall supplement the compensation of certain dis trict attorneys; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 169 as follows:
By striking from line 13 the figure "$50.00" and inserting in lieu thereof the figure "$85.00".

Mr. Lewis of the 37th moved that the House agree to the Senate amendment.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 169 was agreed to.

1892

JOURNAL OF THE HOUSE,

HB 480. By Messrs. Jordan and Vaughn of the 74th, Farrar, Thomason, Levitas and Russell of the 77th, Bell and Noble of the 73rd, Davis, Granade and Westlake of the 75th and others:
A Bill to be entitled an Act to amend an Act applying to counties hav ing a population of not less than 500,000 and directing the county commissioners to pay the board of education all commissions which would have been retained by the tax commissioner, so as to make said Act applicable to counties having a population of not less than 400,000; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 480 as follows:
By striking Section 2 in its entirety and substituting in lieu there of a new Section 2 to read as follows:
"Section 2. This Act shall become effective on January 1, 1972."

Mr. Jordan of the 74th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 480 was agreed to.
The following Resolution of the House was read and adopted:
HR 332. By Messrs. Smith of the 43rd and Busbee of the 61st:
A RESOLUTION
To amend House Resolution No. 3 pertaining to the personnel and committees of the House of Representatives; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Resolution No. 3 is hereby amended by adding a new paragraph at the end of Part III. to be designated as paragraph 7. to read as follows:
"7. The Speaker Pro Tern shall be furnished office space, and for each day spent on official business during the period

WEDNESDAY, MARCH 3, 1971

1893

covered by this Part of this Resolution, the Speaker Pro Tern shall be a committee of one and shall receive the expenses, mileage and travel allowances authorized by law for members of interim com mittees. He shall be authorized to keep his office open during the entire period. He is also authorized to employ a secretary who shall
be compensated as provided in Part I."

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 193. By Senator Zipperer of the 3rd:
A Bill to amend an Act creating the Board of Commissioners of Bryan County, so as to change the compensation of the Chairman, Vice-Chair man and members of said Board of Commissioners; to repeal conflict ing laws; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bills of the House and Senate, to-wit:

SB 2. By Senators Gillis of the 20th, Hill of the 29th, Zipperer of the 3rd and others:
A Bill to create a State Athletics Commission; to provide the jurisdic tion, duties and authority of said Commission; to provide for member ship and meetings; to repeal conflicting laws; and for other purposes.

HB 126. By Mrs. Merrit of the 46th and others:
A Bill to amend an Act known as the "Georgia Food Act", so as to define the term "food sales establishment"; and for other purposes.

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 516. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend an Act providing for the duties and expenses of the judges emeritus of the superior courts, so as to change the provisions relating to expenses and mileage allowances of

1894

JOURNAL OF THE HOUSE,

said judges emeritus while serving as judges in the superior courts; and for other purposes.

An amendment, offered by Mr. Larsen of the 113th, was read and lost.

An amendment, offered by Mr. Ham of the 33rd, was read and ruled out of order by the Speaker.

An amendment, offered by Mr. Floyd of the 7th, was read and ruled out of order by the Speaker.

Mr. Floyd of the 7th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning.

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

Those voting in the affirmative were Messrs.

Adams, John Alexander, W. H. Alexander, W. M. Barfield Bennett, J. T. Bennett, Tom Black Bohannon Bostick Bowen Carter Chance Chappell Cole Collier Coney, G. D. Coney, J. L. Dean, N.

Edwards Evans Floyd, J. H. Floyd, L. R. Gunter Hadaway Ham Harris Horton Housley Hudson, C. M. Hudson, Ted
Johnson Lane Larsen, W. W. Leggett Lewis Lowrey

Matthews, D. R. Morgan Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Reaves Salem Scarborough Shanahan Smith, J. R. Stephens Sweat Toles
Tripp Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alien Bell Bond Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Chandler

Clements Collins, S. Conger Connell Cook Daugherty Davis, E. T.

Davis, W. Dean, J. E. Dent Dixon Dorminy
Drury Egan Farrar Felton Fraser Gary Gaynor Geisinger Grahl Granade Grantham Hamilton Harrison Hawes Hays Hill, G. Howard Hutchinson Isenberg Jones, Herb Jones, J. R. Keyton

WEDNESDAY, MARCH 3, 1971

1895

King Knight Knowles Lambert Lane, Dick
Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Murphy

Noble Northcutt Nunn Oxford Patten Pearce Peters Pinkston Roach Ross Rush Russell, A. B. Russell, W. B. Savage Sims Smith, H. R. Smith, V. T. Snow Sorrells Thompson Townsend Triplett Wamble Westlake Whitmire Williams Wood

Those not voting were Messrs. :

Atherton Battle Berry Blackshear Buck Burruss Cheeks Collins, M. Colwell Dailey Dean, Gib Ezzard Gignilliat Greer

Griffin Harrington Hill, B. L. Hood Howell Jessup Jordan Kreeger
Longino McDonald Nessmith Odom Pickard Poole

Potts Rainey Russell, H. P. Shepherd Sherman Strickland Thomason Turner
Vaughn Ware Wheeler, Bobby Mr. Speaker

On the motion to adjourn, the ayes were 53, nays 102.

The motion was lost.

Mr. Sweat of the 65th moved that HB 516 be placed on the table.

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

1896

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin
Alexander, W. H. Bennett, Tom
Blackshear Bohannon
Bostick Bowen Bray Carter Chance Cole Collins, M. Coney, G. D. Daugherty Davis, W. Dent Dixon
Evans Floyd, J. H.

Floyd, L. R. Gary Granade Grantham Gunter
Hadaway Ham Harrington Harris Hill, B. L. Horton Hudson, C. M. Hudson, Ted Jones, Herb Jones, J. R.
Lane, Dick Lane, W. J. Leggett Lewis Lowrey Matthews, D. R.

Mauldin McDonald Merritt Miles Milford Moore Mulherin Patterson Patten Phillips, L. L. Phillips, W. R.
Ross Salem Scarborough Sims Smith, J. R. Stephens Sweat Toles Tripp Westlake

Those voting in the negative were Messrs.

Alexander, W. M. Alien
Barfield Bell Bennett, J. T. Black Brantley, H. H. Brantiey, H. L. Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Chandler Chappell Clements Collier Conger Connell Cook Davis, E. T. Dean, J. E. Dorminy Drury Edwards Egan Farrar Felton Fraser Gaynor Grahl

Griffin Hamilton Harrison Hawes Hays Hill, G. Hood Howard Howell Hutchinson Isenberg Johnson Keyton King Knight Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Marcus Mason Matthews, C. Maxwell McCracken McDaniell Melton Miller Morgan Moyer

Mullinax Murphy Noble Northcutt Nunn Odom Oxford Pearce Peters Phillips, G. S. Pinkston Potts Rainey Roach Rush Russell, A. B. Russell, W. B. Savage Shanahan Smith, H. R. Smith, V. T. Snow Sorrells Thompson Townsend Triplett Wamble Wheeler, J. A. Whitmire Williams Wood

WEDNESDAY, MARCH 3, 1971

1897

Those not voting were Messrs.:

Atherton Battle Berry Bond Buck Burruss Cheeks Collins, S. Colwell Coney, J. L. Dailey Dean, Gib Dean, N.

Ezzard Geisinger Gignilliat Greer Housley Jessup Jordan Knowles Kreeger Larsen, W. W. Longino Nessmith Pickard

Poole Reaves Russell, H. P. Shepherd Sherman Strickland Thomason Turner Vaughn Ware Wheeler, Bobby Wilson Mr. Speaker

On the motion to table, the ayes were 63, nays 93.

The motion was lost.
The following amendment was read:
Mr. Savage of the 104th moves to amend HB 516 by striking on page 1, line 18 and on page 2, line 16 the words and figures "$100 per day" and by inserting in lieu thereof the words and figures "$25 per day".

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, G. D. Adams, John Alexander, W. H. Bell Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Carter Chappell Cheeks Cole Collins, M.

Coney, G. D. Cook Daugherty Davis, W. Dorminy Floyd, J. H. Floyd, L. R. Fraser Granade Grantham Gunter
Hadaway Ham Harrington Harris Hill, B. L. Hood Horton

Hudson, Ted Johnson Jones, Herb Jones, J. R. Keyton King Lane, Dick Lane, W. J. Larsen, G. K.
Leggett
Lewis Lowrey Matthews, D. R. Merritt Miles Moore Noble Patterson

1898
Patten Phillips, L. L. Phillips, W. R. Potts Russell, H. P.

JOURNAL OF THE HOUSE,

Salem Savage Scarborough Shanahan Stephens

Sweat Toles Tripp Westlake

Those voting in the negative were Messrs.:

Adams, Marvin Alexander, W. M. Alien Barfield Bennett, J. T.
Blackshear Brantley, H. L. Brown, C. Brown, S. P. Busbee Carr Chandler Clements
Collier Conger Connell Davis, E. T. Dent Dixon Egan
Evans Farrar Felton Gary Gaynor Grahl Griffin Harrison

Hawes Hays Hill, G. Howard Howell Hutchinson Isenberg Jessup Knight Lambert Larsen, W. W.
Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, C.
Mauldin Maxwell McCracken McDaniell Melton Milford Miller Morgan Moyer Mulherin

Murphy Northcutt Nunn Odom Oxford Pearce Peters Phillips, G. S. Pinkston Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Smith, H. R. Smith, V. T. Snow Sorrells Townsend Triplett Wamble Wheeler, J. A. Whitmire Williams

Those not voting were Messrs.:

Atherton Battle Berry Buck Burruss Chance Collins, S. Colwell Coney, J. L. Dailey
Dean, Gib
Dean, J. E.
Dean, N.
Drury
Edwards

Ezzard Geisinger Gignilliat Greer Hamilton Housley Hudson, C. M. Jordan Knowles Kreeger
Longino
McDonald
Mullinax
Nessmith
Pickard

Poole Shepherd Sherman Sims Smith, J. R. Strickland Thomason Thompson Turner Vaughn
Ware
Wheeler, Bobby
Wilson
Wood
Mr. Speaker

WEDNESDAY, MARCH 3, 1971

1899

On the adoption of the amendment, the ayes were 68, nays 82.

The amendment was lost.

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

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

Those voting in the affirmative were Messrs.

Alien Barfield Bennett, J. T. Black Brantley, H. L. Brown, S. P. Busbee Can-
Chance Chandler Clements Collier Conger Connell Davis, E. T. Drury Edwards Egan Farrar Felton Gary Gaynor Geisinger Grahl Griffin

Hadaway Harrington Harrison Hawes Hays Howell Hutchinson Isenberg Johnson King Knight
Lambert Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Marcus Mason Matthews, C. Mauldin
Maxwell McCracken McDaniell Melton Moyer

Mullinax Murphy Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Pinkston Potts Rainey Roach Rush
Russell, A. B. Russell, W. B. Shanahan Smith, V. T. Snow Townsend Triplett
Wheeler, J. A. Whitmire Williams

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Battle Bell Bennett, Tom Blackshear Bohannon

Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Carter Chappell Cheeks Cole

Collins, M. Colwell
Coney, G. D. Cook Daugherty Davis, W. Dent Dixon Dorminy Evans

1900
Floyd, J. H. Floyd, L. R. Fraser Gignilliat Granade Grantham Gunter Ham Harris Hill, B. L. Hood Horton Hudson, C. M. Hudson, Ted Jessup Jones, Herb Jones, J. R. Keyton

JOURNAL OF THE HOUSE,

Knowles Lane, Dick Lane, W. J. Larsen, G. K. Leggett Lewis Logan Lowrey Matthews, D. R. Merritt Miles Milford Miller Moore Mulherin Nessmith Noble Patten

Phillips, L. L. Phillips, W. R. Reaves Ross Salem Savage Scarborough Shepherd Sims Smith, H. R. Smith, J. R. Stephens Sweat Toles Tripp Wamble Westlake

Those not voting were Messrs.:

Atherton Berry Brown, C. Buck Burruss Collins, S. Coney, J. L. Dailey Dean, Gib Dean, J. E. Dean, N. Ezzard Greer

Hamilton Hill, G. Housley Howard Jordan Kreeger Longino McDonald Morgan Pickard Poole Russell, H. P. Sherman

Sorrells Strickland Thomason Thompson Turner Vaughn Ware Wheeler, Bobby Wilson Wood Mr. Speaker

On the passage of the Bill, the ayes were 75, nays 83.

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

Mr. Busbee of the 61st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional
majority to HB 516.

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.

THURSDAY, MARCH 4, 1971

1901

Representative Hall, Atlanta, Georgia Thursday, March 4, 1971

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 Elder Guy E. Smith, Pastor, Bethel Primitive Baptist Church, Swainsboro, Georgia:
O Lord God Almighty, we, the creatures of Thy hand, bless Thy great and holy name for granting unto us, worms of the dust, the high and holy privilege of calling upon Thee, the great God of Heaven and earth, in the blessed and matchless name of Jesus Christ, Thy Son. Therefore, knowing and feeling our need and limitations, we come humbly before Thee, seeking guidance, wisdom and strength to enable the elected servants of our State, to perform their work in wisdom, hu mility, decency, honesty, dignity, and with courage and credit to them selves and to our great State and Nation. For "Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34; and "The wicked shall be turned into hell, and all the nations that forget God." Psalms 9:17.
We thank Thee O Lord, for the God fearing men that are laboring to guide our State and Nation, and we pray Thy rich blessings upon them. We thank Thee for the many blessings that are ours as a people, for our freedoms and for the rich productivity of the land upon which we live.
We beg forgiveness for our follies, errors, vanities, proudness, coveteousness and all the sins that plague our State and Nation. Humble us, 0 Lord, and in Thy tender mercy, compassion and grace, save our State and Nation and watch Thou over us and keep us by thy Almighty Power.
We humbly ask these things in the name of the Lord, Jesus Christ. AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell

Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance

1902
Chandler Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Fraser Gary Gaynor Gignilliat Grahl Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley

JOURNAL OF THE HOUSE,

Howard Howell
Hudson, C. M. Hudson, Ted Isenberg Jessup Johnson
Jones, J. R. Jordan Keyton King Knight
Knowles
Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Logan
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McCracken McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith
Noble Northcutt Nunn

Odom Oxford Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

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, MARCH 4, 1971

1903

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

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 4, 1971, and submits the following:

HR 7- 17. Auto Liability Insurance, Study Commission.

HB

19. Criminals Trials, Accused Testify.

HB

20. Criminal Cases, State's Right to Appeal.

HB 139. District Attorney, Waycross Judicial Circuit.

HB 196. Employees Retirement System, Interest.

HB 197. Board of Correction, Director's Compensation.

HB 200. Public Safety, Director's Compensation.

HB 210. Watercraft, Capacity.

HB 221. Motor Vehicles, License Suspended.

HB 265. Air Transportation Director, Qualifications.

HB 267. Capital Felonies, Plead Guilty.

HB 287. Income Tax, Individuals.

HB 345. Atlanta Judicial Circuit, Additional Judges.

HB 398. Motor Vehicle Operator, Intoxicated.

HB 399. Motor Vehicle Operator, Intoxicated.

HB 422. Juries, Judge Allowed to Disperse During Trial.

HB 424. Misdemeanor, Reduce Number of Jurors P.P.

HR 144-425. Misdemeanor Cases, Jury.

HB 463. Corporation Charters, Organized Crime.

HB 484. Deceptive Practices, Sound Recordings. HB 489. Invasions of Privacy, Amend Code.

1904

JOURNAL OP THE HOUSE,

HB 537. Cities and Counties, Recreation. HB 552. Sex Crimes, Hearing County of Residence. HB 554. Public Contractors, Bonds. HB 555. Obscene Materials, Distributing. HB 560. Board of Corrections, Inmate Training. HB 582. Medical Services, Blood, Tissues. HB 586. Alapaha Judicial Circuit, Terms of Court. HB 600. Insurance Contracts, Assigned Risk Plan. HR 183-623. Convey Property, City of Augusta. HB 627. Apartment Ownership Act, Amend. HR 192-658. Convey Property, Baldwin County. HB 666. Cigarette Tax, Veterans Home. HB 678. Augusta Judicial Circuit, Additional Judge. HB 687. Fiscal Responsibility of Incorporated Municipalities. HB 715. Polygraph Examiners, License. HB 763. Insurers, Certificate of Authority. HB 782. General Tax Act, Receipt. HB 783. Wine Taxes, Revenue Reporting System. HB 784. Capital Fund, Loans to Counties. HB 785. General Tax Act, Volume of Business. HB 786. Motor Vehicle, License Plates. HB 788. Motor Fuel Tax, Aviation Gas Dealers. HB 809. Public Assistance Act, Repayment of Sums. HB 827. Motor Vehicles, Removal of Junked Vehicles. HB 874. Income Taxes, Fail to Pay, Penalty. HB 875. Income Tax Returns, Fail to File, Penalty. HB 876. Income Taxes, Applying Interest. HB 934. Medical Education and Training of Residents.

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,
Busby of the 61st,
Chairman

THURSDAY, MARCH 4, 1971

1905

The following communication from His Excellency, Governor Jimmy Carter, was received and read:
STATE OF GEORGIA Executive Department
Atlanta 30334

March 3, 1971

Speaker George L. Smith II House of Representatives State Capitol Atlanta, Georgia 30334

Dear Speaker:

Based on my estimate of additional tax revenues in the amount of $4,600,000 that will be derived from HB 123 during FY 1971, I re spectfully request that you accept the figure of $1,019,600,000 as the official revenue estimate for FY 1971.
Sincerely,
/s/ Jimmy Carter
Governor

The following communication from His Excellency, Governor Jimmy Carter, was received and read:
STATE OF GEORGIA Executive Department
Atlanta 30334
March 4, 1971
Speaker George L. Smith II House of Representatives Speaker of the House State Capitol Atlanta, Georgia 30334
Dear Speaker Smith:
Based on my estimates of additional tax revenues for FY 1972 of $18,000,000 that will be derived from HB 123 and $1,600,000 that will be derived from HB 340, I respectfully request that you accept the figure of $1,164,600,000 as the official revenue estimate for FY 1972.
Sincerely,
/s/ Jimmy Carter
Governor

1906

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 992. By Mr. Vaughn of the 74th:
A Bill to be entitled "An Act to revise, classify, consolidate, and repeal Title 95, Code of Georgia of 1933, as amended, and other laws relating to all public roads, bridges and ferries in the State, and to establish new laws relating thereto; to provide for the administration, financing, con struction, maintenance, and operation of an adequate and integrated system of public roads in Georgia so that the safety, convenience and interests of public road traffic and the public will be promoted and served; . . ."; and for other purposes.
Referred to the Committee on Highways.

HB 993. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Duluth, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 994. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Duluth, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 995. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Duluth, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 996. By Messrs. Miles and Cheeks of the 78th, Smith of the 80th, Connell and Dent of the 79th:
A Bill to be entitled an Act to amend an Act providing for the con tinued existence of the Richmond County Department of Health, so as to provide that a member of the County Board of Education may serve as a member of the Richmond County Department of Health in lieu of the President of the County Department of Education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, MARCH 4, 1971

1907

HB 997. By Messrs. Williams of the llth and Peters of the 2nd:
A Bill to be entitled an Act to amend an Act relating to safety glazing material for certain glass installations, so as to provide that the Com missioner of Labor shall administer and enforce the provisions of said Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 998. By Messrs. Kreeger and Burruss of the 117th:
A Bill to be entitled an Act to amend the charter of the City of Kennesaw in the County of Cobb; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 999. By Mrs. Merritt of the 46th and Messrs. Gary of the 21st, Thomason of the 77th, Felton of the 95th, Phillips of the 50th, Geisinger of the 72nd, Cook of the 95th, Marcus of the 105th, Triplett of the 93rd and Mrs. Hamilton of the 112th:
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 de scription of the State Flag of Georgia; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1000. By Mr. Conger of the 68th: A Bill to be entitled an Act to authorize the Governor to transfer cer tain streambed and adjoining property adjacent to Colonels Island to the Georgia Ports Authority; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1001. By Messrs. Russell of the 14th, Milford of the 12th, McDonald of the 15th and Mauldin of the 12th: A Bill to be entitled an Act to authorize the judge of the superior courts of the Piedmont Judicial Circuit to employ a secretary to assist him in the discharge of his official duties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 326-1001. By Mr. Sorrells of the 24th: A Resolution declaring a certain tract of State-owned property to be surplus and directing its transfer; and for other purposes.
Referred to the Committee on State Institutions & Property.

1908

JOURNAL OF THE HOUSE,

HB 1002. By Messrs. Townsend of the 115th, Greer of the 95th, Marcus of the 105th, Larsen of the 113th, Alexander of the 96th, Stephens of the 103rd and others:
A Bill to be entitled an Act to create in counties a Judicial Study and Compensation Commission; to define its duties, authority and power; to define the composition of said commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1003. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act creating the State Court of Screven County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 331-1003. By Mr. Chandler of the 34th:
A Resolution to amend a Resolution transferring the control and juris diction over a tract of land located in Baldwin County, to the State Properties Control Commission, so as to authorize the renegotiation of the lease entered into pursuant to said Resolution; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1004. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the City of Athens, and the various Acts amendatory thereof", so as to redefine the corportae limits of the City of Athens; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1005. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, so as to provide for the election of the judge of the said court every four years; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1006. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to repeal an Act creating a small claims court in each county in this State having a population of not less than 6,825 and not more than 6,925; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, MARCH 4, 1971

1909

HB 1007. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties in this State, so as to provide that said Act shall not apply to certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1008. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Banks County, so as to change the compensation of the chairman of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1009. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act abolishing the present method of compensating sheriffs in certain counties known as the fee system and providing in lieu thereof an annual salary for the sheriffs, so as to provide that said Act shall not apply to certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1010. By Mr. Hill of the 97th:
A Bill to be entitled an Act to change the zoning procedures in certain counties; to provide that a copy of any application requesting the zoning change shall be sent to the board of education, the public works de partment and the Department of Public Health in such counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-- Local Legislation.

HB 1012. By Messrs. Snow and Clements of the 1st, Bennett of the 71st, Nunn of the 41st, Morgan of the 23rd and King of the 86th, Russell, Levitas and Thomason of the 77th:
A Bill to be entitled an Act to provide for the supervision by the At torney General of the administration of charitable trusts; to provide for exceptions; to authorize the Attorney General to maintain a reg ister of charitable trusts; to provide for the filing of charitable trust instruments and annual audit reports with the Attorney General; and for other purposes.
Referred to the Committee on Judiciary.

1910

JOURNAL OF THE HOUSE,

HB 1014. By Messrs. Geisinger of the 72nd, Connell of the 79th, Lee of the 61st, Smith of the 43rd, Egan of the 116th and Murphy of the 19th:
A Bill to be entitled an Act to provide that it shall be unlawful for any elected official in this State to engage in the bail bond business; and for other purposes.
Eeferred to the Committee on Rules.

HB 1015. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to authorize the governing authority of each county having a population of not less than 6,650 and not more than 6,800, to pay to the county policeman for said county a monthly expense allowance of not less than $100 and not more than $200; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1016. By Mr. Horton of the 95th:
A Bill to be entitled an Act to validate and declare legal the crea tion and establishment of housing authorities, all bonds, contracts, agreements, notes, obligations and undertakings of said housing au thorities, and all proceedings performed or done with reference thereto; to declare said housing authorities corporate and politic; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1017. By Messrs. Dixon and Sweat of the 65th, Wheeler of the 57th and Grantham of the 55th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation of the court reporter of the Waycross Judicial Circuit, so as to change the compensation of said reporter; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1018. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend an Act relating to the administra tion of the taxing laws of this State, so as to change the method of making refunds; and for other purposes.
Referred to the Committee on Rules.
HB 1019. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend an Act relating to the tax im-

THURSDAY, MARCH 4, 1971

1911

posed upon motor carriers for the privilege of using the streets and highways of this State, so as to change the method for making refunds; and for other purposes.
Referred to the Committee on Rules.

HB 1020. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Sections 92-1403, 92-1407 and 92-1418 of the Georgia Code of 1933, relating to motor fuel taxes and known as the "Motor Fuel Tax Law", so as to change the pro cedure for making certain refunds; and for other purposes.
Referred to the Committee on Rules.

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

HB 1041. By Messrs. Chandler of the 34th:
A Bill to be entitled an Act to provide for the power of arrest and all other powers now held or as may hereinafter be acquired and held by law enforcement officers to be conveyed upon the Director, the Deputy Director, the Investigators and Inspectors of the State Board of Coi-rections; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 352-1041. By Messrs. Smith of the 43rd and Chandler of the 34th:
A Resolution to authorize and empower the State Properties Control Commission to exercise certain powers relative to certain state owned real property located in Hamilton County, Tennessee; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 353-1043. By Messrs. Smith of the 43rd and Chandler of the 34th: A Resolution declaring certain property of the State surplus; au thorizing and empowering the State Properties Control Commission to sell or lease such property; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 354-1043. By Messrs. Miller of the 83rd, Pinkston, Brown, Evans, Bennett and Scarborough of the 81st, Coney of the 82nd: A Resolution authorizing the Georgia Forestry Commission to execute

1912

JOURNAL OF THE HOUSE,

a long-term lease with the Southeastern Forest Experiment Station, Forest Service, United States Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.
Referred to the Committee on State Institutions & Property.

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

HB 941. By Mr. Dean of the 13th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Snellville in the County of Gwinnett, so as to change the provisions relative to the election of the mayor and councilmen; and for other purposes.

HB 942. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the corporate limits of said city; and for other purposes.

HB 943. By Messrs. Vaughn and Jordan of the 74th and Morgan of the 23rd:
A Bill to be entitled an Act to provide for a public defender for Rockdale and Newton Counties; to provide for the appointment, qualifica tions and term of office of said public defender; and for other purposes.

HB 944. By Messrs. Hill of the 94th and Jones of the 87th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for the State of Georgia and providing for the issuance, suspension and revocation of motor vehicle driver licenses, so as to provide that college students and members of the armed forces may renew their licenses within a period of 180 days prior to the expiration date; and for other purposes.

HB 945. By Mr. Hill of the 94th:
A Bill to be entitled an Act to amend Code Chapter 114-3, relating to claims and notice of accidents, so as to provide it shall be incumbent upon each employer upon being informed of an accident to advise such injured employee of his rights and duties under this Chatper; and for other purposes.

HB 946. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating the Clarke County School District, so as to reduce the number of members of the Clarke County Board of Education; and for other purposes.

THURSDAY, MARCH 4, 1971

1913

HB 947. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act creating a new charter for the City of Tifton, so as to provide that absentee ballots be provided in all mu nicipal elections; and for other purposes.

HB 948. By Mr. Wamble of the 69th: A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of said City; and for other purposes.
HB 949. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Cochran, so as to change the amount of tax which may be levied for public schools; and for other purposes.
HB 950. By Mr. Gunter of the 6th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of each County known as the fee system; to provide in lieu thereof an annual salary; and for other purposes
HB 951. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to abolish the present mode of compen sating the Sheriff of each county, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 952. By Messrs. Miles, Cheeks and Mulherin of the 78th, Smith and Sherman of the 80th, Dent and Connell of the 79th: A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation provisions relative to employees in the sheriff's office; and for other purposes.
HB 953. By Messrs. Smith of the 80th, Miles and Cheeks of the 78th and Bostick of the 63rd: A Bill to be entitled an Act to amend Code Section 113-1702, relating to sales by administrators, so as to provide for private sales of proper ty by administrators upon approval by the ordinary; and for other purposes.
HB 954. By Messrs. Smith of the 80th, Miles nad Cheeks of the 78th and Bostick of the 63rd: A Bill to be entitled an Act to amend an Act providing procedure by which heirs at law of a deceased person, who dies intestate, may ob-

1914

JOURNAL OF THE HOUSE,

tain an order finding no administration on the estate, so as to provide that the executor, administrator or representative may act in a repre sentative capacity for the deceased; and for other purposes.

HB 955. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Butts County, so as to provide for a fiscal year for Butts County; to require the clerk of the Board of Commissioners to compile an annual budget for Butts County and to present it to the Board of Commissioners of Butts County; and for other purposes.

HB 956. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Lamar County; to provide for education districts; and for other purposes.

HB 957. 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 authorize the director of the State Game and Fish Commission to designate certain agents to enforce the provisions of Code Section 26-2802, relating to the crime of cruelty to animals; and for other purposes.

HB 958. By Messrs. Chance, Lane and Nessmith of the 44th: A Bill to be entitled an Act to amend an Act incorporating the City of Pineora, so as to provide for the appointment of special election man agers for the purpose of conducting election managers for the purpose of conducting elections; and for other purposes.
HB 959. By Messrs. Chance, Lane and Nessmith of the 44th: A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Effingham County into the office of the Tax Commissioner of Effingham County; and for other purposes.
HB 960. By Messrs. Chance, Lane and Nessmith of the 44th: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Guyton, so as to change the method of conducting elec tions; and for other purposes.
HB 961. By Mr. Ross of the 26th: A Bill to be entitled an Act to amend Code Section 92-2902, relating

THURSDAY, MARCH 4, 1971

1915

to the annual fees for the licensing of the operation of vehicles, so as to prescribe a fee for the licensing of certain trucks hauling milk; and for other purposes.

HB 962. By Mr. Collins of the 72nd:
A Bill to be entitled an Act to incorporate the City of Dunwoody in the County of DeKalb; to create a charter for said city; and for other purposes.

HB 963. By Messrs. Collins and Geisinger of the 72nd, Lane and Nessmith of the 44th, Johnson of the 29th, Harris of the 10th, Matthews and Patten of the 63rd and others:
A Bill to be entitled an Act to amend Code Section 92-3109, relating to deductions in computing net income for income tax purposes, so as to provide for the deduction of certain expenses incurred in sending cer tain dependents to private schools; and for other purposes.

HB 964. By Messrs. Collins of the 72nd, Bell and Noble of the 73rd, Davis and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the budgets of school districts borrowing funds for opera tions in anticipation of revenues from school system tax levies; and for other purposes.

HB 965. By Messrs. Collins and Geisinger of the 72nd, Floyd of the 75th, Gary of the 21st, Lane of the 101st, Phillips of the 38th, Smith of the 3rd, Battle of the 90th and Collins of the 62nd:
A Bill to be entitled an Act to provide that credit investigating com panies must furnish certain information to persons they investigate; and for other purposes.

HB 966. By Messrs. Greer of the 95th and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act imposing upon motor car riers a tax for the privilege of using the streets and highways of this State, so as to change the circumstances under which certain refunds of the tax are made; and for other purposes.

HB 967. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Noble and Bell of the 73rd, Collins and Geisinger of the 72nd, Thomason, Levitas, Russell and Farrar of the 77th, Vaughn and Jordan of the 74th, Dean of the 76th:
A Bill to be entitled an Act to provide that the governing authority of any municipality located wholly within certain counties may not rezone

1916

JOURNAL OF THE HOUSE,

or otherwise change the zoning_ status of land which has been annexed for a period of 2 years unless the governing authority shall approve the rezoning or change in zoning status; and for other purposes.

HB 968. By Messrs. Larsen and Chappell of the 42nd:
A Bill to be entitled an Act to amend an Act consolidating, amending, and superseding the several Acts incorporating the City of Wrightsville, so as to extend the corporate limits of said city; and for other purposes.

HB 969. By Messrs. Kreeger, Howard, McDaniell, Burruss and Atherton of the 117th:
A Bill to be entitled an Act consolidating the offices of tax collector of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of the court of ordinary; and for other purposes.

HB 970. By Messrs. Kreeger, Howard, McDaniell, Burruss, Housley and Ather ton of the 117th:
A Bill to be entitled an Act consolidating the offices of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.

HB 971. By Messrs. Kreeger, Howard, McDaniell, Burruss, Housley and Ather ton of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to change the salary provisions relating to the judges and the clerk of said court; and for other purposes.

HB 972. By Messrs. Kreeger, Howard, McDaniell, Burruss, Housley and Ather ton of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the salaries of the judges and the district attorney of said court; and for other purposes.

HB 973. By Messrs. Kreeger, Howard, McDaniell, Burruss, and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Cobb County, so as to change the compensation of the chairman of the board of commissioners; and for other purposes.

THURSDAY, MARCH 4, 1971

1917

HB 974. By Messrs. Atherton, Wilson, Housley, McDaniell, Kreeger and Burruss of the 117th:
A Bill to be entitled an Act to amend the "Cobb County Recreation Authority Act", so as to change the membership of the Authority; and for other purposes.

HB 975. By Messrs. Kreeger, Wilson, Atherton, Burruss, Housley, McDaniell and Howard of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to provide for a solicitor for the State Court of Cobb County; and for other purposes.

HB 976. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide that the Clerks of the Superior Courts may close their offices on Saturdays; and for other purposes.

HB 977. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act prescribing the special master procedure for the exercise of the power of eminent domain, so as to change the compensation of the special master; and for other purposes.

HB 978. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 61-405, relating to forthcoming bonds for distress warrants, so as to place a maximum limit on the amount of any bond; and for other purposes.

HB 979. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities of this State to make zoning and planning ordinances and regulations, so as to provide for appeal of decisions of the board of adjustment by certain civic associations and organizations; and for other purposes.

HB 980. By Messrs. Farrar of the 77th and Davis of the 86th:
A Bill to be entitled an Act to provide that the State Superintendent of Schools and the Executive Secretary of the State Board of Educa tion shall be authorized to employ or purchase the services of persons or agencies specializing in the tracing and location of debtors or the col lection of accounts receivable; and for other purposes.

1918

JOURNAL OP THE HOUSE,

HB 981. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide for an investigator for the office of the District Attorney of the Western Judicial Circuit; and for other purposes.

HR 288-981. By Messrs. Thomason of the 77th, Snow, Clements and Hays of the 1st, and Peters of the 2nd:
A Resolution creating the Georgia-North Carolina and Georgia-Ten nessee Boundary Line Commission; and for other purposes.

HB 982. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter forthe City of Hogansville, so as to extend the corporate limits of the City; and for other purposes.

HB 983. By Messrs. Kreeger, Atherton, Wilson, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act providing for a new char ter for the City of Marietta, so as to extend the corporate limits of said city; to remove the conflict regarding the compensation of themayor; and for other purposes.

HB 984. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, so as to change the corporate limits of said city; and for other purposes.

HB 985. By Messrs. Greer, Felton, Hawes and Horton of the 95th, Mrs. Hamil ton of the 112th, Messrs. Marcus of the 105th, Alexander of the 96th, Bond of the lllth, Townsend of the 115th and others:
A Bill to be entitled an Act to fix the salaries of the Judges of certain, of Courts of Fulton County; and for other purposes.

HB 986. By Messrs. Nessmith of the 44th, Carr of the 35th, Collins of the 62nd and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Section 109-A-307, relating to the protection of buyers of goods, so as to provide that a buyer of farm commodities, shall not be liable to the holder of a security interest created by the seller of such products where the sale is made in theordinary course of business; and for other purposes.

THURSDAY, MARCH 4, 1971

1919

HB 987. By Messrs. Battle of the 90th, Nessmith of the 44th and Gaynor of the 88th:
A Bill to be entitled an Act to amend an Act creating the "Coastal Marshlands Protection Agency", so as to authorize the issuance of permits where title to said marshlands may be in dispute; and for other purposes.

HR 324-987. By Messrs. Gaynor of the 88th, Longino of the 98th, Felton of the 95th, Pinkston of the 81st, Murphy of the 19th, Alexander of the 96th, Miles of the 78th, and others:
A Resolution creating the Joint Bank Holding Company Study Com mittee; and for other purposes.

HB 988. By Messrs. Smith of the 43rd and Chandler of the 34th:
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 known as Section 91-109A; and for other purposes.

HB 989. By Messrs. Lee of the 21st and Smith of the 80th:
A Bill to be entitled an Act to amend Code Title 114, relating to work men's compensation, so as to increase the number of weeks from 10 to 52 where an employee is incapacitated, either totally or partially, from work due to a specific member injury; and for other purposes.

HR 325-989. By Messrs. Smith of the 43rd and Chandler of the 34th:
A Resolution to approve as to form a second amendment proposed by Downtown Development Corporation, FM Air Rights Company and City Center; and for other purposes.

HB 990. By Messrs. Coney of the 118th, Snow of the 1st, Howard of the 117th, Johnson of the 29th, Dean of the 19th and Jordan of the 74th:
A Bill to be entitled an Act to provide for the disposal of recycling of abandoned motor vehicles; to provide for definitions; and for other purposes.

HB 991. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to amend an Act changing the method of electing members of the Board of Education of Wayne County, so as to increase the size of the Board of Education of Wayne County; and for other purposes.

1920

JOURNAL OF THE HOUSE,

SB 44. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act creating the Judges and Solicitor General's Retirement Fund of Fulton County, so as to allow credit for a limited amount of service in the armed forces of the U. S. during periods of war or national emergency; and for other purposes.

SB 85. By Senator Adams of the 5th:
A Bill to be entitled an Act to provide that in any case, civil or crim inal, which is tried before a jury in certain courts below the level of the superior courts, said case shall be tried before a jury consisting of six members; and for other purposes.

SB 89. By Senator Stephens of the 36th and Kennedy of the 4th:
A Bill to be entitled an Act to authorize any law enforcement official to seize, without a warrant, any conveyance used in handling, trans porting, carrying or holding stolen goods; and for other purposes.

SB 155. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to be entitled an Act to amend Code Section 24-2715, relating to additional duties of Clerks of Superior Courts and duties of Clerks of State Courts, so as to authorize said Clerks to destroy certain records after the expiration of a certain period of time; and for other purposes.

SB 223. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to be entitled an Act to prohibit the licensing of any alcoholic beverage outlet which is within 200 yards of any church, school or hos pital; to exempt from coverage of this Act any alcoholic beverage outlet in operation immediately prior to the effective date of this Act; and for other purposes.

SB 224. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
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; to pro vide for longevity increases; and for other purposes.
SB 248. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide that any person who in tentionally, negligently or accidentally spills, discharges or deposits pollutants into the waters of the State shall be liable in damages to the State and any political subdivision thereof; and for other purposes.

THURSDAY, MARCH 4, 1971

1921

SB 249. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide a procedure whereby the Board may obtain a judgment of court for the enforcement of its order; and for other purposes.

SB 250. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to provide a procedure whereby the Department may obtain a judgment of court for the enforcement of its order; and for other purposes.

SB 255. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act relating to license and ex cise taxes upon the business of dealing in malt beverages, so as to make it unlawful for any person, firm or corporation to possess more than 576 ounces of malt beverages upon which the taxes imposed on such beverages have not been paid; and for other purposes.

SB 260. By Senators Gillis of the 20th, Cox of the 21st, Eldridge of the 7th and others:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to change the provisions relative to the annual license fees for trucks transporting forest products; and for other purposes.

SB 261. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

SB 262. By Senator Plunkett of the 30th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other pur poses.
SB 263. By Senator Plunkett of the 30th: A Bill to be entitled an Act to amend an Act placing the sheriff of Carroll County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

1922

JOURNAL OF THE HOUSE,

SB 264. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act establishing a City Court of Carrollton, so as to change the compensation of the judge; and for other purposes.

SB 265. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to change the compensation of the mayor of Rossville; and for other purposes.

SB 267. By Senator Parker of the 31st:
A Bill to be entitled an Act to amend an Act establishing the State Court of Polk County, so as to change the salary of the judge of said court; and for other purposes.

SB 268. By Senator Parker of the 31st:
A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the ordinary; and for other purposes.

SR 51. By Senator Holley of the 22nd:
A Resolution proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing estab lishments and certain additions to such capital improvements of manu facturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County; and for other purposes.

SR 68. By Senator Adams of the 5th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Court of Appeals shall have jurisdiction for the trial and correction of errors of law from certain courts which are below the level of superior courts; and for other purposes.

SR 84. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to create a public authority and vest in such authority the power to operate a system of telephonic communi cations within Houston County; and for other purposes.

THURSDAY, MARCH 4, 1971

1923

HB 1011. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A Bill to be entitled an Act to create a State Board of Examiners of Mechanical Contractors and to regulate the businesses of mechanical contracting; and for other purposes.

HB 1013. By Messrs. Dorminy of the 48th and Pickard of the 84th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to license the operation of self-service motor fuel dispensing pumps; and for other purposes.

Mr. Gaynor of the 88th 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 175. Do Pass, as Amended.

SB 173. Do Pass, by Substitute.

SB 178. Do Pass.

HB 814. Do Pass.

HB 861. Do Pass.

Respectfully submitted,

Gaynor of the 88th,

Chairman.

Mr. Parrar of the 77th 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 161. Do Pass, by Substitute.

HB 717. Do Pass, by Substitute.

HB 566. Do Not Pass.

Respectfully submitted,

Farrar of the 77th,

Chairman.

1924

JOURNAL OF THE HOUSE,

Mr. Rainey of the 47th District, Chairman of the Committee on Game & 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 858. Do Pass.
Respectfully submitted,
Rainey of the 47th,
Chairman.

Mr. Smith of the 3rd District, Chairman of the Committee on Health and Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health and Ecology 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 361. Do Pass.
HB 29. Reported Without Recommendation.
HB 804. Do Pass.

SB 95. Do Pass. SB 197. Do Pass.

SB 71. Do Pass.

HB 647. Do Pass, as Amended.

Respectfully submitted, Smith of the 3rd, Chairman.

Mr. Dean of the 19th District, Vice-Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following

THURSDAY, MARCH 4, 1971

1925

Bill and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HR 329. Do Pass. SB 139. Do Pass.
Respectfully submitted, Dean of the 19th, Vice-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 House and has instructed me to report same back to the House with the following recommendations:
HB 989. Do Pass. Respectfully submitted, Lee of the 21st, Chairman.
Mr. McCracken of the 36th District, Chairman of the Committee on Insur ance, 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:
HB 431. Do Not Pass. SB 34. Do Pass, as Amended.
Respectfully submitted, McCracken of the 36th, Chairman.
Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following

1926

JOURNAL OF THE HOUSE,

Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 849. Do Pass. HB 754. Do Pass. HB 607. Do Pass. HB 724. Do Pass. SB 238. Do Pass. HB 659. Do Pass. HB 243. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Smith of the 39th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 448. Do Pass, by Substitute. Respectfully submitted, Smith of the 39th, 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 Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 491. Do Pass, as Amended. HB 987. Do Pass.
Respectfully submitted, Dorminy of the 48th, Chairman.

THURSDAY, MARCH 4, 1971

1927

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 Bills of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 59. Do Pass.
SB 60. Do Pass.
SB 151. Do Pass, as Amended.
Respectfully submitted, Buck of the 84th, Chairman.

Mr. Collier of the 54th District, Vice-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 Senate and has instructed me to report same back to the House with the following recommendations:

HB 18. Do Pass, as Amended.

HB 523. Do Pass.

HB 524. Do Pass.

SB 104. Do Pass.

HB 713. Do Pass.

Respectfully submitted, Collier of the 54th, Vice-Chairman.

Mr. Chandler of the 34th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under considera-

1928

JOURNAL OF THE HOUSE,

tion the following Bill and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HB 799. Do Pass, by Substitute. HR 289. Do Pass.
Respectfully submitted1, Chandler of the 34th, 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 fol lowing Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 976. Do Pass, by Substitute. Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community 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 recom mendations :
HR 199-687. Do Pass. HR 274-870. Do Pass. HR 275-870. Do Pass. HR 278-899. Do Pass. HR 279-923. Do Pass. HR 283-938. Do Pass. SB 232. Do Pass. HB 583. Do Pass. HB 584. Do Pass.

THURSDAY, MARCH 4, 1971

1929

HB 701. Do Pass. HB 828. Do Pass. HB 877. Do Pass. HB 878. Do Pass. HB 884. Do Pass. HB 885. Do Pass. HB 886. Do Pass. HB 887. Do Pass. HB 888. Do Pass. HB 889. Do Pass, by Substitute. HB 890. Do Pass. HB 892. Do Pass. HB 893. Do Pass. HB 895. Do Pass. HB 897. Do Pass. HB 898. Do Pass. HB 899. Do Pass. HB 901. Do Pass. HB 902. Do Pass. HB 903. Do Pass. HB 904. Do Pass. HB 905. Do Pass. HB 906. Do Pass. HB 907. Do Pass. HB 908. Do Pass. HB 909. Do Pass. HB 910. Do Pass. HB 911. Do Pass. HB 912. Do Pass. HB 913. Do Pass. HB 914. Do Pass. HB 917. Do Pass.
HB 921. Do Pass.
HB 925. Do Pass.

1930
HB HB HB HB HB HB HB HB

JOURNAL OF THE HOUSE,

927. Do Pass. 930. Do Pass. 931. Do Pass. 932. Do Pass. 933. Do Pass. 935. Do Pass. 939. Do Pass. 940. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

Mr. Lane of the 44th 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 House and has instructed me to report same back to the House with the following recommendations:
HB 938. Do Pass, by Substitute. Respectfully submitted, Lane of the 44th, 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 Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB

324. Do Pass, by Substitute.

HB

343. Do Pass.

HB

589. Do Pass.

HB

850. Do Pass, by Substitute.

HB

929. Do Pass.

HB 1013. Do Pass.

THURSDAY, MARCH 4, 1971

1931

HR 123- 324. Do Pass, by Substitute.

SB

256. Do Pass.

SB

257. Do Pass.

SB

258. Do Pass.

SB

205. Do Pass.

SR

77. 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, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 290. By Mr. Miles of the 78th:
A Bill to amend an Act providing for budgets in certain counties, so as to change the population figures and the census contained therein; and for other purposes.

HB 629. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to amend an Act creating and establishing a Planning Commis sion and Board of Zoning Appeals for Clayton County, so as to provide that the Planning Department shall notify the Clayton County Board of Education of any rezoning application; and for other purposes.

HB 743. By Messrs. Lee, Northcutt and Gary of the 21st:
A Bill to authorize and direct the tax commissioners or collectors to remit all education funds to the boards of education in certain counties once a month except for a certain percentage; and for other purposes.

HB 756. By Messrs. Dixon and Sweat of the 65th:
A Bill to amend an Act creating and establishing the State Court of Clinch County, so as to increase the compensation of the judge and the solicitor of said Court; and for other purposes.

1932

JOURNAL OF THE HOUSE,

HB 675. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to create the office of Commissioner of Heard County; and to provide his qualifications; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 120. By Mr. Lane of the 101st: A Bill to amend an Act entitled "An Act to incorporate the City of Hapeville", so as to provide for increased payments to the pension fund by the City; and for other purposes.
HB 122. By Mrs. Hamilton of the 112th, Mr. Lane of the 101st and others: A Bill to amend an Act known as the "Housing Authorities Law", so as to change the length of the terms of Commissioners in certain cities; and for other purposes.
HB 147. By Mr. Adams of the 100th: A Bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, so as to make certain persons eligible to become members of the retirement fund; and for other purposes.
HB 184. By Mr. Savage of the 104th: A Bill to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, so as to provide additional pension benefits; and for other purposes.
HB 331. By Messrs. Adams of the 100th, Alexander of the 96th, and others: A Bill to amend an Act providing for the examination of master electricians in counties having populations of 150,000 or more so as to provide that said Acts shall not apply to counties having a population of 500,000; and for other purposes.
HB 444. By Mr. McCracken of the 36th: A Bill to amend an Act establishing a new charter for the City of Louisville, so as to change the corporate limits of the City of Louisville; and for other purposes.
HB 477. By Messrs. Levitas, Farrar, Russell and Thomason of the 77th: A Bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, in the County of DeKalb, so as to change the provision relative to the maximum tax levy for school purposes; and for other purposes.

THURSDAY, MARCH 4, 1971

1933

HB 493. By Messrs. Northcutt, Lee and Gary of the 21st:
A Bill to amend an Act establishing a new charter for the City of Col lege Park, so as to amend the city limit boundary along Riverdale Road; and for other purposes.

HB 546. By Messrs. Reaves and Bennett of the 71st:
A Bill to amend an Act creating a new charter for the City of Quitman, so as to change the number of city commissioners; and for other purposes.

HB 574. 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 a new charter therefor", so as to change the corporate limits; and for other purposes.

HB 696. By Messrs. Lane of the 101st, Greer, Felton and Hawes of the 95th:
A Bill to amend an Act establishing a new charter for the City of East Point, so as to extend the corporate limits; and for other purposes.

HB 712. By Mr. Carter of the 64th:
A Bill to amend an Act incorporating the City of Lakeland and repeal ing the charter of the town of Milltown, so as to provide that the Mayor of Lakeland shall be elected by a majority vote; and for other purposes.

HB 720. By Mr. Ross of the 26th:
A Bill to be entitled an Act to authorize the use of public funds of Wilkes County for the development of trade, commerce, industry and employ ment opportunities within Wilkes County; and for other purposes.

HB 726. By Messrs. Reaves, Barfield and Bennett of the 71st: A Bill to change the compensation of the Chairman and other members of the Board of Education of Brooks County; and for other purposes.
HB 727. By Messrs. Reaves, Bennett and Barfield of the 71st: A Bill to create and establish an Airport Authority for the City of Quitman and Brooks County, and to authorize such authority to ac quire and maintain all such facilities appertaining to such undertaking; and for other purposes.

1934

JOURNAL OF THE HOUSE,

HB 728. By Mr. Strickland of the 56th:
A Bill to amend an Act placing the clerk of the superior court and the tax commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to personnel of the tax commissioner's office; and for other purposes.

HB 729. By Mr. Strickland of the 56th:
A Bill to amend an Act providing a new charter for the City of Hazlehurst so as to change the terms of office of the City Commis sioners elected from Wards No. 1, 2, 3, and 4; and for other purposes.

HB 730. By Mr. Strickland of the 56th:
A Bill to amend an Act providing for a new charter for the City of Baxley, so as to provide for the election of the Mayor by the voters of the City of Baxley; and for other purposes.

HB 742. By Messrs. Brown and Melton of the 32nd, Adams and Smith of the 39th: A Bill to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to provide additional compensation to said court reporter; and for other purposes.
HB 744. By Messrs. Lee, Northcutt and Gary of the 21st: A Bill to amend an Act incorporating the City of Forest Park, so as to change the date of elections in said city; and for other purposes.
HB 745. By Messrs. Gunter and Moore of the 6th: A Bill to amend an Act placing the sheriff of Habersham County upon an annual salary, so as to change the provisions relative to the com pensation of the sheriff; and for other purposes.
HB 746. By Messrs. Gunter and Moore of the 6th: A Bill to amend an Act abolishing the fee system and providing an annual salary for the ordinary of Habersham County, so as to change the provisions relative to the compensation of the ordinary; and for other purposes.
HB 750. By Messrs. Gaynor of the 88th, Jones of the 87th, Alien of the 92nd, Blackshear of the 91st and others: A Bill to amend an Act revising and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to

THURSDAY, MARCH 4, 1971

1935

remove certain provisions which require that the salaries of certain of ficers and employees of said court shall have the same salary scale; and for other purposes.

HB 752. By Messrs. Gaynor of the 88th, Jones of the 87th, Alien of the 92nd, Battle of the 90th and others:
A Bill to make the tax collectors or tax commissioners of certain coun ties ex officio sheriffs, insofar as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and for other purposes.

HB 755. By Messrs. Dixon and Sweat of the 65th:
A Bill to amend an Act creating a Board of Commissioners of Clinch County, so as to increase the maximum compensation of the Chairman of the Board; and for other purposes.

HB 757. By Messrs. Whitmire, Williams and Wood of the llth:
A Bill to amend an Act changing the compensation of the clerk of the su perior court, the sheriff and the tax commissioner of Forsyth County, so as to change the compensation of the chief deputy and other depu ties of the sheriff; and for other purposes.

HB 760. By Messrs. Patten, Matthews and Bostick of the 63rd:
A Bill to amend an Act incorporating the City of Adel, so as to enlarge and redefine the corporate limits; and for other purposes.

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

HB 43. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to authorize and direct the State Department of Corrections to reimburse the Clerk of the court for court costs incurred in trying a criminal defendant for the crime of escape, when such escape is from State prison facilities; and for other purposes.

HB 115. By Mr. Vaughn of the 74th:
A Bill to amend an Act relating to the negotiation of contracts by the State Highway Director and/or State Highway Department; and for other purposes.

1936

JOURNAL OF THE HOUSE,

HB 135. By Messrs. Miles of the 78th, Dent and Connell of the 79th:
A Bill to amend an Act entitled "The Act creating the Public School Employees' Retirement System", so as to change the membership of the Board of Trustees of the Public School Employees' Retirement Funds; and for other purposes.

HB 244. By Messrs. Rainey of the 47th, Housley of the 117th, Peters of the 2nd, Adams of the 100th, Hayes of the 1st and Strickland of the 56th:
A Bill to amend Code Chapter 36.1.1 known as the "State Properties Acquisition Law", so as to authorize the State Game and Fish Com mission to acquire certain parcels of property and to provide that the provisions of said law shall not apply to the acquisition of such parcels; and for other purposes.

HB 254. By Mr. Mason of the 13th: A Bill 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 435. By Mr. Pickard of the 84th: A Bill to amend an Act known as the "Development Authorities Law", so as to include in the definition of the word "project" the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities; and for other purposes.
HB 509. By Messrs. Cole, of the 3rd, and Sherman of the 80th: A Bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for a 12 month permit for loads exceeding the length and width limits involving materials, or commodities; and for other purposes.
HB 599. By Mr. McCracken of the 36th: A Bill to amend Code Chapter 27-18, relating to nolle prosequi, so as to provide for the direction of verdicts of acquittal in criminal cases; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 27. By Messrs. Sorrells of the 24th and Lambert of the 25th: A Bill to amend an Act placing the District Attorneys of the Superior

THURSDAY, MARCH 4, 1971

1937

Courts of this State upon an annual salary, so as to provide for the payment of certain expenses incurred by the district attorneys in the performance of their official duties; and for other purposes.

HB 54. By Messrs. Rush of the 51st and Jones of the 87th:
A Bill to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections, so as to provide that it shall be unlawful for any person to come inside the guard line of penitentiaries with amphetamines biphetamines, inhalers or other hal lucinating substance; and for other purposes.

HB 104. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to amend an Act establishing a Teachers' Retirement System, so as to provide that any teacher who is an active member shall be entitled to receive credit for teaching service in other state supported independent school systems or American dependents schools; and for other purposes.

HB 136. By Messrs. Nunn and Moyer of the 41st, Ham of the 33rd, and Smith and Turner of the 3rd and others:
A Bill to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, so as to provide for benefits for addi tional services; and for other purposes.

HB 397. By Mr. Cook of the 95th and Cheeks of the 78th:
A Bill to authorize the governing authority of each county and mu nicipality to enact for their respective jurisdictions, ordinances which have the effect of restricting the operation of adult bookstores and movie houses to areas zoned for commercial or industrial purposes; and for other purposes.
HB 476. By Messrs. Phillips of the 50th and Battle of the 90th:
A Bill to provide that it shall be unlawful to engage in certain ac tivities in relation to the use of fires and ignited objects; and for other purposes.
The Senate has passed by the requisite constitutional majority the followingBills of the House, to-wit:
HB 103. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to amend an Act establishing a Teachers' Retirement System, so as to change the minimum and maximum rates of regular interest for use in all calculations required in connection with the Teachers' Retire ment System; and for other purposes.

1938

JOURNAL OF THE HOUSE,

HB 166. By Messrs. Fraser of the 59th, Rush and Salem of the 51st and Brantley of the 52nd:
A Bill to add one additional judge of the superior courts of the At lantic Judicial Circuit; and for other purposes.

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

HR 231-698. By Messrs. Felton, Cook, Hawes and Greer of the 95th:
A Resolution proposing an amendment to the Constitution, so as to provide that residents of the City of Alpharetta who are 65 years of age or over, or who are totally disabled, and who have an income from all sources not exceeding 4,000 per annum, shall be granted a home stead exemption of $2,000 for ad valorem taxation by said city; and for other purposes.

HR 233-698. By Messrs. Lane of the 101st, Hawes, Felton and Greer of the 95th:
A Resolution proposing a Constitutional Amendment, so as to provide that residents of the City of Hapeville who are 65 years old or older and have an income of not more than $4,000 shall be granted a home stead exemption from ad valorem taxation by said city; and for other purposes.
HR 234-698. By Messrs. Lane of the 101st, Hill of the 97th, Felton, Hawes and Cook of the 95th:
A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption to homeowners in the City of East Point who are 65 years old or older provided the income of such resi dents does not exceed $4,000 per annum; and for other purposes.
HR 240-752. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th and others:
A Resolution to the Constitution so as to authorize the governing au thority of Chatham County to district areas outside the municipalities in said County to provide water, sewerage, fire protection, street light ing, garbage and trash collection services and the construction and maintenance of roads, streets, curbs, gutters, and sidewalks; and for other purposes.
HR 241-752. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th and others:
A Resolution proposing an amendment to Article VII, Section 1, Para graph 111 of the Constitution, so as to provide that the Chatham

THURSDAY, MARCH 4, 1971

193&

County Commissioners and Ex Officio Judges may by ordinances pro vide for the manner and procedures by which returns for taxation of real and personal property shall be effected; and for other purposes.

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

HR 185-634. By Messrs. Harris, Poole and Roach of the 10th:
A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Cartersville who are 62 years old or who are totally disabled and who have an income not exceeding $4,000 per annum, shall be granted a homestead exemption of $2,005 from ad valorem taxation by said city; and for other purposes.

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

HR 304. By Mr. Sherman of the 80th: A Resolution relative to Railpax; and for other purposes.

HR 308. By Messrs. Moyer of the 41st, Hays of the 1st and many others:
A Resolution relative to Disabled American Veterans Fiftieth Anni versary; and for other purposes.

HR 311. By Mr. Edwards of the 45th:
A Resolution commending and thanking Bill Birdsong; and for other purposes.

HR 320. By Messrs. Adams of the 100th and Lane of the 101st:
A Resolution commending the Honorable Fred T. McCrary, and for other purposes.

HR 321. By Messrs. Berry and Thompson of the 85th and others: A Resolution expressing deepest regrets at the passing of Dr. Roy L. Gibson; and for other purposes.
The Senate has adopted by requisite constitutional majority the following Resolution of the Senate, to-wit:

1940

JOURNAL OF THE HOUSE,

SR 93. By Senators Chapman of the 32nd, Henderson of the 33rd, Stephens of the 36th and Kennedy of the 4th:
A Resolution creating the Georgia Jail Standards Study Commission; and for other purposes.

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

SB 166. By Senator Ward of the 39th: A Bill to amend an Act establishing the Criminal Court of Atlanta, as amended, so as to change the compensation of the Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.
SB 167. By Senator Ward of the 39th: A Bill to amend an Act establishing the Criminal Court of Atlanta, as amended, so as to change the compensation of the Assistant So licitors of the Criminal Courts of Fulton County; and for other purposes.

SB 217. By Senators Tysinger of the 41st, Walling of the 42nd and Higginbotham of the 43rd:
A Bill to prohibit the annexation of any unincorporated area by any municipality in any county which provides services to unincorporated areas proposed to be annexed without first obtaining the approval of such annexation by action of the governing authority of said territory; and for other purposes.

SB 254. By Senator Holloway of the 12th:
A Bill to amend an Act relating to the issuance of certificates of exemp tions from the payment of professional and semi-professional license taxes to certain disabled veterans, so as to change the official responsible for the issuance of such certificates and other duties required from the State Revenue Commissioner to the State Director of Veterans Service; and for other purposes.

SB 274. By Senators Johnson of the 38th, Stephens of the 36th, Coggin of the 35th, and Ward of the 39th:
A Bill to be entitled an Act fixing the compensation of board of com missioners of counties having a population in excess of 500,000, and providing that the commissioners shall be authorized to fix the com pensation of the chairman and commissioners within certain limita tions; to provide an effective date; and for other purposes.

THURSDAY, MARCH 4, 1971

1941

SB 275. By Senator Kidd of the 25th:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Wilkinson County into the one office of Tax Com missioner of Wilkinson County, so as to change the maximum salary which may be paid to the clerical assistant employed by the Tax Com missioner; and for other purposes.

SB 277. By Senator London of the 50th:
A Bill to amend an Act creating a new charter for the Town of Tallulah Falls, so as to provide for two-year terms for mayor and councilmen; to provide for residence requirements in order to vote in town elections; and for other purposes.

SB 279. By Senators Rowan of the 8th and Eldridge of the 7th:
A Bill to amend an Act providing for the payment of the cost of care of persons admitted or committed to state institutions, so as to provide that in the event a retarded individual is admitted, all persons liable for cost of care of such patient shall be assessed the maximum amounts provided for herein; 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 664. By Mr. Lambert of the 25th: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Morgan, so as to change the method of nominating and electing candidates for the office of com missioner; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 141. By Senators Gillis of the 20th, Bateman of the 27th, and Plunkett of the 30th:
A Bill to implement Article VII, Section 1, Paragraph 1 of the Constitution of Georgia which authorized the General Assembly to provide for grants to citizens of Georgia attending colleges or uni versities in this State which are not branches of the University Sys tem; 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:

1942

JOURNAL OF THE HOUSE,

SR 97. By Senator Bateman of the 27th:
A Resolution authorizing the Georgia Forestry Commission 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.

SR 42. By Senators Rowan of the 8th, Eldridge of the 7th and Searcey of the 2nd:
A Resolution proposing an amendment to the Constitution so as to pro vide that the members of the Public Service Commission shall have terms of office of four years, and to delete certain language from Paragraph 111 of Section IV of Article IV relating to the first com mission; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

The Senate has disagreed to the House Amendment to the Senate Substitute to the following Bill of the House, to-wit:

HB 469. By Messrs. Williams, Wood and Whitmire of the llth: A Bill to amend an Act establishing the State Court of Hall County, so as to change and increase the terms of said court; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SB 232. By Senator London of the 50th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Pickens County, as amended, so as to provide an annual salary for the Tax Commissioner in lieu of fees, commissions and other emoluments with certain exceptions; and for other purposes.
The report 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 583. By Messrs. Lee, Busbee, Odom and Hutchinson of the 61st: A Bill to be entitled an Act to amend an Act creating and establishing a new Charter for the City of Albany, Georgia, as amended, so as to

THURSDAY, MARCH 4, 1971

1943

authorize the City of Albany to regulate the speed movement and park ing of traffic and vehicles on privately owned streets, ways and parking areas; and for other purposes.

The report 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 584. By Messrs. Lee, Busbee, Odom and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, as amended, so as to authorize the City of Albany to extend its garbage, refuse and rubbish collection services; and for other purposes.

The report 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 701. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Levitas of the 77th, Collins of the 72nd and Noble of the 73rd:
A Bill to be entitled an Act to amend an Act providing for the lease of park property in certain counties having a population of 300,000 so as to strike the population requirements and have inserted in lieu thereof the figure 600,000; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

1944

JOURNAL OF THE HOUSE,

HB 828. By Messrs. Kreeger, McDaniell, Housley, Howard, Burruss, Atherton and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the judge of the Cobb County Juvenile Court as amended, so as to change the compensation of the judge of the Cobb County Juvenile Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 877. By Messrs. Connell and Dent of the 79th, Mulherin, Miles and Cheeks of the 78th and Sherman of the 80th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the district attorney of the Augusta Judicial Cir cuit, as amended, so as to change the compensation of the chief assistant district attorney; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 878. By Messrs. Connell and Dent of the 79th, Mulherin, Miles and Cheeks of the 78th and Sherman of the 80th: A Bill to be entitled an Act to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Augusta Ju dicial Circuit from the funds of Richmond County, as amended, so as to increase the supplement; and for other purposes.
The report 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.

THURSDAY, MARCH 4, 1971

1945

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

HB 884. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot 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 110, nays 0.

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

HB 885. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the sheriff of Talbot County from the fee system to the salary system, as amended, so as to change the compensation of the sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 886. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Carroll County, as amended, so as to change the com pensation 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.

1946

JOURNAL OF THE HOUSE,

HB 887. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Carroll County, as amended, so as to change the com pensation 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 110, nays 0.

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

HB 888. By Messrs. Hill of the 94th, Triplett of the 93rd, Gaynor of the 88th, Jones of the 87th, Blackshear of the 91st, Alien of the 92nd, Gignilliat of the 89th and Battle of the 90th:
A Bill to be entitled an Act to amend an Act providing for salaries for the Board of Aldermen of the City of Savannah, as amended, so as to amend said amendatory Act to change the salary of 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 890. By Messrs. Smith and Adams of the 39th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Lamar County, as amended, so as to change the compen sation 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.

THURSDAY, MARCH 4, 1971

1947

HB 892. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Irwin 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, ivas 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 893. By Messrs, Griffin and Conger of the 68th:
A Bill to be entitled an Act creating a Small Claims Court in Decatur 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.
HB 895. By Messrs. Davis and Ployd of the 75th, Bell of the 73rd and others: A Bill to be entitled an Act to amend an Act creating the DeKalb County Recorder's Court, 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 897. By Messrs. Leggett and Isenberg of the 67th: A Bill to be entitled an Act to amend an Act authorizing the governing authority of certain counties to provide for building codes and other codes, as amended; and for other purposes.

1948

JOURNAL OP 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 898. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Glynn County, as amended, so as to change the compensation 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.

HB 899. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend the Charter of the City of Brunswick, so as to change the terms of office of the 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 901. By Messrs. Sherman and Smith of the 80th, Miller of the 79th and others: A Bill to be entitled an Act to amend Code Section 92-6402, relating to the payment of taxes in which returns are made, as amended, so as to change certain population figures; and for other purposes.

THURSDAY, MARCH 4, 1971

1949

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 902. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act relating to the creation of law libraries in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.

The report 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 903. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th: A Bill to be entitled an Act to amend an Act providing for emeritus offices for retiring department heads in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.
The report 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 904. By Messrs. Sherman and Smith of the 80th, Dent of the 79th and Miles and Cheeks of the 78th: A Bill to be entitled an Act to amend an Act relating to the creation of a board of elections in certain counties, so as to change certain of the population and census figures contained therein; and for other purposes.

1950

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 905. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act relating to certain fees of certain clerks of superior courts, so as to change certain of the popula tion figures contained therein; and for other purposes.

The report 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 906. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th: A Bill to be entitled an Act to amend an Act relating to the terms of office of the members of the board of tax assessors in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.
The report 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 907. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th: A Bill to be entitled an Act to amend an Act fixing the salary of ju venile court judges in certain counties, so as to change certain of the population figures and the census contained therein; and for other purposes.

THURSDAY, MARCH 4, 1971

1951

The report 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 908. By Messrs. Sherman and Smith of the 80th, Dent of the 79th and Miles and Cheeks of the 78th:
A Bill to be entitled an Act to amend Code Section 21-10, so as to change certain of the population figures contained therein; and for other purposes.

The report 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 909. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 23-1704, so as to change certain of the population figures and census contained therein; and for other purposes.

The report 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 910. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th: A Bill to be entitled an Act to amend Code Section 91-804A, so as to change certain of the population figures and census contained therein; and for other purposes.

1952

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 911. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend the Urban Redevelopment Act, as amended, so as to change certain of the population figures and census contained therein; and for other purposes.

The report 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 912. By Messrs. Sherman, Smith of the 80th, Dent of the 79th and Cheeks and Miles of the 78th: A Bill to be entitled an Act to amend Code Section 21-105, relating to fees of coroners, as amended, so as to change certain of the popula tion figures and census contained therein; and for other purposes.
The report 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 913. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th: A Bill to be entitled an Act to amend an Act providing for the creation of certain emeritus offices in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.

THURSDAY, MARCH 4, 1971

1953

The report 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 914. By Messrs. Sherman and Smith of the 80th, Miller and Cheeks of the 78th and Dent of the 79th:
A Bill to be entitled an Act to amend an Act regulating traffic on streets and highways of this State, as amended, so as to change the population figures; and for other purposes.

The report 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 917. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to provide for a vote of the people in a certain designated area of the City of Jesup so as to allow such people to express their desire as to whether they wish to remain within the city limits of the City of Jesup; and for other purposes.

The report 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 921. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the town of Hiltonia, as amended, so as to repeal the provisions relative to intoxi cating beverages; and for other purposes.

1954

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 re'ceived the requisite constitutional majority, was passed.

HB 925. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County updn an annual salary, as amended, so as to change the com pensation of the sheriff and certain other 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 r'eceived the requisite constitutional majority, was passed.

HB 927. By Messrs. Evans, Bennett, Brown, Pinkston and Scarborough of the 81st, Coney of the 82nd and Miller of the 83rd: A Bill to be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, as amended, so as to provide that said Board shall be empowered to contract for the education of exceptional children; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 930. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend an Act providing for the disposi tion of certain funds received by county officials, as amended, so as to change the counties to which said Act applies; and for other pur poses.

THURSDAY, MARCH 4, 1971

1955

The report 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 931. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to set the scale of salaries for clerical employees of Rabun County; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 932. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend an Act providing for the use of voting machines in all elections 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 933. By Messrs. Lee, Hutchinson and Busbee of the 61st: A Bill to be entitled an Act to amend an Act creating a charter for the City of Newton, as amended, so as to change the date of election of the mayor and council; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1956

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 935. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to provide that the members of the Board of Commissioners of Twiggs County shall reside within specified militia districts; and for other purposes.

The report 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 939. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Butts County, as amended, so as to change the pro visions relative to taking bids for purchases and sales; and for other purposes.

The report 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 940. By Mr. Ham of the 33rd: A Bill to be entitled an Act to create the Butts County Water Au thority; and for other purposes.
The report 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.

THURSDAY, MARCH 4, 1971

1957

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

HB 586. By Mr. Carter of the 64th:
A Bill to be entitled an Act to amend an Act prescribing the terms of court of the superior court in each of the 5 counties comprising the Alapaha Judicial Circuit, so as to change the terms of court; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 889. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia in Toombs County, so as to establish the board of education of the City of Vidalia; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Vidalia in Toombs County, approved April 8, 1968 (Ga. Laws 1968, p. 3136), so as to establish the board of education of the City of Vidalia; to provide its powers and duties; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Vidalia in Toombs County, approved April 8, 1968 (Ga. Laws 1968, p. 3136), is hereby amended by adding at the end of Article III, a new Section, to be numbered Section 3-13, to read as follows:
"Section 3-13. Board of Education, (a) The board of educa tion of the City of Vidalia will hold title to all of the property used by it in the performance of its duties, and will have the right to contract, conduct business, buy, sell and exchange real estate, and generally to act in its own name and right as an independent entity.

195S :

JOURNAL OF THE HOUSE,
(b) The board of education of the City of Vidalia will deter mine as early as possible in each year the sums of money which it will require in the carrying out of its responsibilities, and will determine the levy that will be required to raise this sum, based on the tax digest of said city, which levy will be communicated to the mayor and council of the City of Vidalia, whose duty shall be to levy the required millage, and to deliver the sums of money collected thereunder to the board of education as now prescribed by law.
(c) The board of education of the City of Vidalia shall have the same rights and powers to borrow money as are now provided by law for county boards of education in the State of Georgia."
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 governing authority of the City of Vidalia to issue the call for an election for the purpose of submitting this Act to the voters of said City for approval or rejection. The gov erning authority shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The governing authority shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Toombs County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act establishing the Board of Educa,, NO ( ) tion of the City of Vidalia be approved?"
All persons desiring to vote in favor of the Act shall vote "Yes", and these persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Vidalia. It shall be the duty of the governing authority to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as Otherwise provided herein. It shall be the duty of the governing, authority to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, MARCH 4, 1971

1959

HR 199-687. By Messrs. Larsen of the 113th, Alexander of the 96th and Hawes. of the 95th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that $4,000.00 homestead exemption of certain persons 65 years of age or over shall apply to all taxes levied by the City of Atlanta; 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 Constitution is hereby amended by adding at the end of that paragraph which reads as follows:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 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, ifrom 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. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. The General As sembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased ex emption provided for herein shall apply to all taxable years begin ning after December 31, 1968.",
the following sentence:
"The exemption from taxation provided by this paragraph shall apply to all ad valorem taxes levied by the City of Atlanta, including those taxes levied for and in behalf of the Atlanta Board of Education."

1960

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, 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 pro vide that the $4,000.00 exemption from ad va-
NO { ) lorem taxes for certain persons 65 years or over who have low incomes shall apply to taxes levied by the City of Atlanta?"

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom
Berry Black Blackshear Bohannon Bond
Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Buck Carr Chance

Chandler Chappell Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell
Cook Daugherty Davis, E. T. Davis, W. Dean, Gib
Dean, N. Dent Dixon Edwards Egan Evans Ezzard

Farrar Felton Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin
Gunter Ham Hamilton Harrington Harrison
Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell

THURSDAY, MARCH 4, 1971

1961

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. K. Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken

McDaniell McDonald Merritt Miles Milford Moore Morgan Moyer Mulherin Murphy Nessmith Nunn Odom Oxford Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Rainey Roach Ross Rush Russell, A. B. Russell, W. B.

Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Toles Townsend Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, J. A Whitmire Williams Wood

Voting in the negative was Mr. Grahl.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bowen Bray Brown, C. Burruss Busbee Carter Clements Collier Conger Dailey Dean, J. E. Dorrniny Drury Floyd, J. H.

Floyd, L. R.
Gary Hadaway Harris Hood Housley Hudson, C. M. Keyton King Knight Knowles Kreeger Lee, W. J. (Bill) Longino Melton Miller Mullinax

Noble Northcutt Patterson Patten Phillips, W. R. Pinkston Potts Reaves
Russell, H. P. Snow Strickland Thomason Thompson Ware Wheeler, Bobby Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 143, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

1962

JOURNAL OF THE HOUSE,

HR 274-870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:

A RESOLUTION

Proposing an amendment to the Constitution, so as to authorize Dougherty County to levy an annual tax upon each motor vehicle licensed to operate in said County; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Article VII, Section VII of the Constitution is hereby amended by adding to the end of said Section the following language:

"Notwithstanding any other provision of this Constitution, Dougherty County is authorized to levy an annual tax upon each motor vehicle licensed to operate in said County, in an amount not to exceed $5.00 for each such motor vehicle. The payment of such tax shall be evidence by a stamp or decal to be affixed to the wind shield of said motor vehicle, and to be issued when the license tag on such motor vehicle is obtained. The proceeds from the levy of such tax shall be used exclusively for the planning and construction of roads, streets and bridges and other public transportation facili ties in both the incorporated and unincorporated areas of such County; provided that no less than two-thirds of the proceeds from such tax shall be expended on roads, streets, bridges and other public transportation and traffic facilities in the corporate limits of the City of Albany."
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 au thorize Dougherty County to levy an annual
NO ( ) tax upon each motor vehicle licensed to operate in 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.

THURSDAY, MARCH 4, 1971

1963

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Buck Carr Chance Chandler Chappell Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards
Egan
Evans
Ezzard
Farrar
Pelton
Fraser
Gaynor

Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Merritt
Miles

Milford Moore Morgan Moyer Mulherin Murphy Nessmith Nunn Odom Oxford Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Toles Townsend Triplett Tripp Turner Vaughn
Wamble
Westlake
Wheeler, J. A.
Whitmire
Williams
Wood

1964

JOURNAL OF THE HOUSE,

Voting in the negative was Mr. Grahl.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bowen Bray Brown, C. Burruss Busbee Carter Clements Collier Conger Dailey Dean, J. E. Dorminy Drury Floyd, J. H.

Floyd, L. R. Gary Hadaway Harris Hood Housley Hudson, C. M. Keyton King Knight Knowles Kreeger Lee, W. J. (Bill) Longino Melton Miller Mullinax

Noble Northcutt Patterson Patten Phillips, W. R. Pinkston Potts Reaves Russell, H. P. Snow Strickland Thomason Thompson Ware Wheeler, Bobby Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 143, nays 1.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 275-870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty 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 GEORGIA:
Section 1. Article VI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof, the following:
"The governing authority of Dougherty County, in order to provide for the public welfare, health and security of the people of Dougherty County, shall have the right to regulate and exercise police powers over the collection of garbage in all areas of Dougher ty County outside the incorporated limits of municipalities and shall have the right to issue exclusive franchises for the collection

THURSDAY, MARCH 4, 1971

1965

of garbage in any areas of Dougherty County outside the incorpo rated limits of municipalities; and in assessing the fees or charges for such franchises; to prescribe the fees to be charged by any and all parties franchised by the governing authority and to provide for the payment of such fees, including the right of the governing authority to make collections for the holders of such franchises; and to make such necessary rules and regulations pertaining to the collection of garbage as may be necessary to effectuate 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 au thorize Dougherty County to issue franchises
NO ( ) for the collection of garbage in unincorporated areas of Dougherty 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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond

Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Buck Carr Chance Chandler Chappell Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D.

Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Egan Evans Ezzard Parrar

1966
Felton Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Lambert Lane, Dick Lane, W. J. Larsen, G. K.

JOURNAL OF THE HOUSE,

Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles Milford Moore Morgan Moyer Mulherin Murphy Nessmith Nunn Odom Oxford
Pearce Peters Phillips, G. S. Phillips, L. L. Pickard

Poole Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Toles Townsend Triplett Tripp Turner
Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wood

Voting in the negative was Mr. Grahl.

Those not voting were Messrs.:

Bar field Bennett, J. T. Bostick Bowen Bray Brown, C. Burruss Busbee Carter Clements Collier Conger Dailey Dean, J. E. Dorminy Drury Floyd, J. H.

Floyd, L. R. Gary Hadaway Harris Hood Housley Hudson, C. M. Keyton King Knight Knowles Kreeger Lee, W. J (Bill) Longino Melton Miller Mullinax

Noble Northcutt Patterson Patten Phillips, W. R. Pinkston Potts Reaves Russell, H. P. Snow Strickland Thomason Thompson Ware Wheeler, Bobby Wilson Mr. Speaker

THURSDAY, MARCH 4, 1971

1967

On the adoption of the Resolution, the ayes were 143, nays 1.

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

HR 278-899. By Messrs. Leggett and Isenberg of the 67th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Glynn County to license and regulate businesses and persons 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 GEORGIA:
Section 1. Article VI, Section I of the Constitution is hereby amended by adding to the end thereof a new paragraph, to read as fol lows :
"Paragraph I. The governing authority of Glynn County is hereby authorized to license and regulate businesses and persons, including the authority to examine by tests and to license and regulate persons engaged in installation or maintenance of plumb ing, heating, air conditioning or electrical facilities or equipment 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 Corn-

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 au thorize the governing authority of Glynn County
NO ( ) to regulate and license businesses and persons and to levy license taxes upon businesses and persons 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".

1968

JOURNAL OP THE HOUSE,

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Buck Carr Chance Chandler
Chappell Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Egan

Evans Ezzard Farrar Felton Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton
Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R. Jordan Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Logan

Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell
McDonald Merritt
Miles Milford Moore Morgan
Moyer Mulherin Murphy Nessmith
Nunn Odom Oxford Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Rainey .Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman
Sims Smith, H. R.

Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Toles

THURSDAY, MARCH 4, 1971

1969

Townsend Triplett Tripp Turner Vaughn Wamble

Westlake Wheeler, J. A. Whitmire Williams Wood

Voting in the negative was Mr. Grahl.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bowen Bray Brown, C. Burruss Busbee Carter Clements Collier Conger Dailey Dean, J. E. Dorminy Drury Floyd, J. H.

Floyd, L. R. Gary Hadaway Harris Hood Housley Hudson, C. M. Keyton King Knight Knowles Kreeger Lee, W. J. (Bill) Longino Melton Miller Mullinax

Noble Northcutt Patterson Patten Phillips, W. R. Pinkston Potts Reaves Russell, H. P. Snow Strickland Thomason Thompson Ware Wheeler, Bobby Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 143, nays 1.

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

HR 279-923. By Messrs. Cole, Turner and Smith of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Water, Light and Sinking Fund Commissioners of the City of Dalton to operate a system of telephonic communications and issue revenue bonds to finance such activities; 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 VII, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:

1970

JOURNAL OF THE HOUSE,

"The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton shall have the power and authority to acquire, construct, operate, extend and improve a system of telephonic com munications. The Board shall possess and may exercise all of the powers conferred upon and vested in telegraph and telephone com panies by the laws of this State and such other powers as the Gen eral Assembly shall provide in pursuance of this paragraph. The Board shall have the authority to issue Revenue Bonds in order to finance the activities authorized by this paragraph."

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 au thorize the Board of Water, Light and Sinking
NO ( ) Fund Commissioners of the City of Dalton to operate a system of telephonic communications and issue revenue bonds to finance such activi ties?"

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry

Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Buck Carr Chance

Chandler Chappell Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Egan Evans Ezzard Farrar Felton Eraser Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, Ted Hutchinson Isenberg Jessup

THURSDAY, MARCH 4, 1971

1971

Johnson Jones, Herb Jones, J. R. Jordan Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles Milford Moore Morgan Moyer Mulherin Murphy Nessmith Nunn Odom Oxford Pearce

Peters Phillips, G. S. Phillips, L. L. Pickard Poole Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Toles Townsend Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wood

Voting in the negative was Mr. Grahl.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bowen Bray Brown, C. Burruss Busbee Carter Clements Collier

Conger Dailey Dean, J. E. Dorminy Drury Floyd, J. H. Floyd, L. R. Gary Hadaway Harris Hood

Housley Hudson, C. M. Keyton King Knight Knowles Kreeger Lee, W. J (Bill) Longino Melton Miller

1972
Mullinax Noble Northcutt Patterson Patten Phillips, W. R.

JOURNAL OF THE HOUSE,

Pinkston Potts Reaves Russell, H. P. Snow Strickland

Thomason Thompson Ware Wheeler, Bobby Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 143, nays 1.

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

HR 283-938. By Messrs. Lee, Northcutt and Gary of the 21st:
A RESOLUTION
Creating the Clayton County Justice of the Peace Study Commis sion; and for other purposes.
WHEREAS, the Justice of the Peace system in Clayton County has been the subject of considerable public discussion by the citizens of Clayton County; and
WHEREAS, the Clayton County membership to the Georgia Gen eral Assembly feels an exhaustive and thorough study needs to be made in regard to this important phase of government.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a five-member Clayton County Justice of the Peace Study Commission to be composed of (1) the Chief Judge of the Clayton Judicial Circuit, who shall serve as Chairman; (2) the Judge of the State Court of Clayton County; (3) the Justice of the Peace in Clayton County with the longest tenure of service; (4) the President of the Bar Association of Clayton County; and (5) the President of the Grand Jury Association of Clayton County.
BE IT FURTHER RESOLVED that the County Governing Au thority is hereby authorized to appropriate funds for this study not to exceed the sum of one thousand dollars ($1,000.00).
BE IT FURTHER RESOLVED that this Study Commission is re quested to complete its assignment and to report its findings and recom mendations as to any suggested changes to the membership of the Gen eral Assembly from Clayton County on or before December 1, 1971.

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

On the adoption of the Resolution, the ayes were 110, nays 0.

THURSDAY, MARCH 4, 1971

1973

The Resolution, having received the requisite constitutional majority, was adopted.

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

SR 93. By Senators Chapman of the 32nd, Henderson of the 33rd, Stephens of the 36th and Kennedy of the 4th:
A Resolution creating the Georgia Jail Standards Study Commission; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 166. By Senator Ward of the 39th:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta, so as to change the compensation of the Solicitor General of the Criminal Court of Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 167. By Senator Ward of the 39th:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta, so as to change the compensation of the Assistant Solicitors of the Criminal Courts of Fulton County; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 217. By Senators Tysinger of the 41st, Walling of the 42nd and Higginbotham of the 43rd:
A Bill to be entitled an Act to prohibit the annexation of any unincorpo rated area by any municipality in any county which provides services to unincorporated areas proposed to be annexed without first obtaining the approval of such annexation by action of the governing authority of said territory; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
SB 254. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act relating to the issuance of certificates of exemptions from the payment of professional and semi-professional license taxes to certain disabled veterans, so as to change the official responsible for the issuance of such certificates and

1974

JOURNAL OP THE HOUSE,

other duties required from the State Revenue Commissioner to the State Director of Veterans Service; and for other purposes.
Referred to the Committee on Ways and Means.

SB 274. By Senators Johnson of the 38th, Stephens of the 36th, Coggin of the 35th and Ward of the 39th:
A Bill to be be entitled an Act fixing the compensation of the board of commissioners of counties having a population in excess of 500,000, and providing that the commissioners shall be authorized to fix the compen sation of the chairman and commissioners within certain limitations; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 275. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Wilkinson County into the one office of Tax Commissioner of Wilkinson County, so as to change the maximum salary which may be paid to the clerical assistant employed by the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 277. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Tallulah Palls, so as to provide for two-year terms for mayor and councilmen; to provide for residence requirements in order to vote in town elections; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 279. By Senators Rowan of the 8th and Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act providing for the payment of the cost of care of persons admitted or committed to State institu tions, so as to provide that in the event a retarded individual is admitted, all persons liable for cost or care of such patient shall be assessed the maximum amounts provided for herein; and for other purposes.
Referred to the Committee on Welfare.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on State Planning and Community Affairs:

THURSDAY, MARCH 4, 1971

1975

HB 714. By Messrs. Alexander of the 96th, Larsen of the 113th, Savage of the 104th, Daugherty of the 109th, Stephens of the 103rd, Adams of the 100th and others:
A Bill to be entitled an Act to amend an Act providing for tenure for teachers and other professional personnel of public school systems of each city of this State, so as to change the time of notifying proba tionary teachers that they will not be recommended for reelection to the second or third year of probation, or to tenure status; and for other purposes.

Mr. Busbee of the 61st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 516. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing for the duties and expenses of the judges emeritus of the superior courts, so as to change the provisions relating to expenses and mileage allowances of said judges emeritus while serving as judges in the superior courts; and for other purposes.

The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to HB 516.

Mr. Hill of the 97th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 595. By Mr. Conger of the 68th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to allow the holding of liquor referenda within municipalities; 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, G. D. Adams, Marvin Alexander, W. H. Alien Barfield Bennett, J. T. Bohannqn Bray Carr Chappell Clements

Colwell Coney, J. L. Dean, Gib Dean, N. Dorminy Drury Ezzard Grahl Grantham Gunter Harris

Hays Hill, G. Jessup Johnson Jones, Herb Jones, J. R. Knowles Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

1976
Lee, W. S. Matthews, D. R. Mauldin Merritt Milford Moore Murphy Nessmith Patten

JOURNAL OP THE HOUSE,

Phillips, W. R. Pinkston Rainey Reaves Rush Salem Shepherd Strickland Triplett

Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Whitmire Williams Wood

Those voting in the negative were Messrs.:

Alexander, W. M. Atherton Bell Bennett, Tom Berry Black Blackshear Bond Brantley, H. H. Brown, C. Brown, S. P. Buck Burruss Busbee Cole Collins, S. Coney, G. D. Conger Connell Cook Davis, E. T. Dent Dixon Egan Evans Felton Floyd, L. R. Fraser Gary

Gaynor Geisinger Greer Griffin Hadaway Hamilton Harrison Hawes Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jordan King Knight Kreeger Lee, W. J. (Bill) Leggett Levitas Lewis Marcus Maxwell McCracken McDaniell Melton Miles

Those not voting were Messrs.:

Adams, John Battle Bostick Bowen Brantley, H. L. Brown, B. D. Carter Chance Chandler

Cheeks Collier Collins, M. Dailey Daugherty Davis, W. Dean, J. E. Edwards Farrar

Miller Morgan Moyer Mulherin Mullinax Noble Odom Oxford Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Potts Roach Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Sherman Smith, H. R. Sorrells Stephens Thomason Townsend Ware Wheeler, J. A. Wilson
Floyd, J. H. Gignilliat Granade Ham Harrington Hill, B. L. Hood Howard Keyton

Ijambert Logan Longino Lowrey Mason
Matthews, C. McDonald

THURSDAY, MARCH 4, 1971

1977

Northcutt Nunn Patterson Poole Ross
Russell, H. P. Sims

Smith, J. R. Smith, V. T. Snow Sweat Thompson
Toles Mr. Speaker

On the motion, the ayes were 60, nays 87.

The motion was lost.

Mr. Grahl of the 40th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 405. By Messrs. Brown and Melton of the 32nd, Marcus of the 105th, Mullinax of the 30th, Howell of the 60th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that effective July 1, 1972, whenever any local unit of education shall determine that it will need one or more school bus bodies for the coming school year the local unit shall report its requirement to the State Board of Educa tion which shall compile requirements from all boards of education and submit them to the State Supervisor of Purchases; 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, G. D. Alexander, W. H. Atherton Barfield Bennett, J. T. Berry Bohannon Brantley, H. L. Buck Chappell Clements Cole Collins, M. Colwell Conger Connell Daugherty

Davis, E. T. Dean, N. Dorminy Edwards Ezzard Floyd, J. H. Gary Grahl Grantham Griffin Gunter Hamilton Harrington Harris Horton Hudson, C. M. Hudson, Ted

Jessup Johnson Jones, J. R. King Knowles Lane, Dick Lane, W. J. Lee, W. S. Lowrey Matthews, D. R. Mauldin Maxwell McCracken McDonald Moore Morgan Moyer

1978
Murphy Nessmith Nunn Patten Pearce Peters Phillips, G. S. Pickard Pinkston

JOURNAL OP THE HOUSE,

Poole Rainey Reaves Salem Sherman Smith, H. R. Smith, J. R. Smith, V. T. Sorrells

Strickland Toles Triplett Tripp Turner Wamble Wheeler, Bobby

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Bell Bennett, Tom Black Blackshear Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Cheeks Collins, S. Coney, G. D. Coney, J. L. Davis, W. Dean, Gib Dent Dixon Evans

Pelton Fraser Gaynor Geisinger Ham Harrison Hawes Hood Housley Howard HoweU' Jones, Herb Jordan Keyton Kreeger Larsen, G. K. Lee, W. J. (Bill) Levitas McDaniell Melton Miles

Miller Mulherin Mullinax Noble Northcutt Phillips, W. R. Roach Ross Rush Russell, A. B. Russell, W. B. Scarborough Shanahan Shepherd Stephens Sweat Vaughn Ware Westlake Whitmire Wilson

Those not voting were Messrs.:

Alexander, W. M. Alien Battle Bond Bostick Bo wen Brantley, H. H. Carr Carter Chance Chandler Collier Cook Dailey Dean, J. E. Drury Egan Farrar Floyd, L. R.

Gignilliat Granade Greer Hadaway Hays Hill, B. L. Hill, G. Hutchinson Isenberg Knight Lambert Larsen, W. W. Leggett Lewis Logan Longino Marcus Mason Matthews, C.

Merritt Milford Odom Oxford Patterson Phillips, L. L. Potts Russell, H. P. Savage Sims Snow Thomason Thompson Townsend Wheeler, J. A. Williams Wood Mr. Speaker

THURSDAY, MARCH 4, 1971

1979

On the motion, the ayes were 66, nays 63.

The motion prevailed and the House reconsidered its action in giving the requisite constitutional majority to HB 405.

Mr. Conger of the 68th requested that Rule 111 be read and enforced, requiring the movant of the motion to reconsider to have been the same member who served notice of motion for reconsideration on the previous legislative day.

In order that the motion could be properly made, the Speaker ruled that he would entertain a motion to reconsider the previous motion of reconsideration.

Mr. Murphy of the 19th moved that the House reconsider its action in giving the requisite constitutional majority to HB 405.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Barfield Bennett, J. T. Berry Black Bohannon
Bostick Bowen Chandler Clements
Cole Collier Collins, M. Colwell Conger Connell
Cook Davis, E. T.
Dean, N. Dorminy Edwards Grahl

Grantham Griffin Gunter Harris Hays Housley Hudson, C. M. Hudson, Ted Isenberg
Jessup Johnson Jones, J. R.
Knowles Lane, Dick Lane, W. J.
Lee, W. S. Leggett Matthews, D. R. Mauldin
Maxwell McCracken McDonald Milford
Moore

Morgan Moyer Murphy Nessmith Northcutt Odom Patten Pearce
Peters
Phillips, G. S. Pickard Pinkston
Rainey
Reaves
Rush
Salem
Strickland
Triplett
Tripp
Turner Wheeler, Bobby
Williams

1980

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams, John Alexander, W. M. Alien Atherton Bell Bennett, Tom Blackshear Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chappell Cheeks Coney, G. D. Coney, J. L. Dean, Gib Dent Dixon Egan Evans Ezzard Felton

Fraser Geisinger Greer Hadaway Ham Hamilton Harrison Hawes Hill, G. Hood Horton Howard Howell Hutchinson Jones, Herb Jordan Keyton Knight Kreeger Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Marcus Melton Miles Miller Mulherin Mullinax

Noble Nunn Phillips, L. L. Phillips, W. R. Poole Roach Ross Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Stephens Sweat Thomason Toles Townsend Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Wilson Wood

Those not voting were Messrs.:

Battle Buck Chance Collins, S. Dailey Daugherty Davis, W. Dean, J. E. Drury Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor

Gignilliat Granade Harrington Hill, B. L. Hood King Lambert Lewis Logan Longino Lowrey Mason Matthews, C. McDaniell

Merritt Oxford Patterson Potts Russell, H. P. Sims Smith, J. R. Smith, V. T. Snow Sorrells Thompson Mr. Speaker

On the motion, the ayes were 70, nays 85.

The motion was lost, and the House refused to reconsider its action in giving the requisite constitutional majority to HB 405.

THURSDAY, MARCH 4, 1971

1981

Mr. Brown of the 32nd moved that the House reconsider its action in reconsidering HB 405.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. M. Bell Bennett, Tom Blackshear Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Chappell Cheeks Collins, S. Coney, G. D. Coney, J. L. Dean, Gik Dent Dixon Egan Evans Felton Fraser Gary Geisinger

Greer Hadaway Ham Hamilton Harrison Hawes Hill, G. Hood Horton Howard Howell Hutchinson Jones, Herb Jordan Keyton Knight Kreeger Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Melton Merritt Miles Miller

Mulherin Mullinax Noble Nunn Phillips, L. L. Phillips, W. R. Poole Potts Roach Ross Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Sherman Smith, H. R. Sweat Toles Townsend Vaughn Westlake Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. H. Alien Barfield Bennett, J. T. Berry Black Bohannon Bostick Bowen Buck Carter Clements

Cole Collier Collins, M. Colwell Conger Connell Cook Davis, E. T. Dean, N. Dorminy Edwards Ezzard Floyd, J. H.

Grahl Grantham Griffin Gunter Harris Hays Housley Hudson, C. M. Hudson, Ted Isenberg Jessup Johnson Jones, J. R.

1982
King Knowles Lane, Dick Lane, W. J. Leggett Lewis Logan Matthews, D. R. Mauldin Maxwell McCracken McDonald Moore

JOURNAL OF THE HOUSE,

Morgan Mover Murphy Nessmith Northcutt Odom Patten Pearce Peters Phillips, G. S. Pickard Pinkston Rainey

Reaves Rush Salem Shepherd Smith, V. T. Sorrells Strickland Tripp Turner Wamble Wheeler, Bobby Wheeler, J. A.

Those not voting were Messrs.:

Atherton Battle Brantley, H. H. Burruss Chance Chandler Dailey Daugherty Davis, W. Dean, J. E. Drury Farrar

Floyd, L. R. Gaynor Gignilliat Granade Harrington Hill, B. L. Lambert Longino Mason Matthews, C. McDaniell Milford

Oxford Patterson Russell, H. P. Sims Smith, J. R. Snow Stephens Thomason Thompson Triplett Ware Mr. Speaker

On the motion, the ayes were 82, nays 77.
The motion prevailed and the House reconsidered its action in reconsideringHB 405.
Mr. Edwards of the 45th arose to a point of personal privilege and addressed the House.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
HB 675. By Messrs. Knight, Potts, Mullinax and Ware of the 30th: A Bill to be entitled an Act to create the office of Commissioner of Heard County; and for other purposes.
The following Senate amendment was read:
Senator Hill of the 29th moves to amend HB 675 as follows:

THURSDAY, MARCH 4, 1971

1983

(1) By striking from the title the following: "to repeal a specific Act; to provide an effective date",

and inserting in lieu thereof the following:

"to provide for specific repeal; to provide effective dates".

(2) By striking Section 17 in its entirety and inserting in lieu thereof a new Section 17 to read as follows:

"Section 17. This Section and Section 16 shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval. If the Act is approved in the referendum as provided herein, Section 2 shall become effective upon such approval. The remaining provisions of the Act shall become effec tive at the time the Commissioner of Heard County takes office as provided in Section 2. The Board of Commissioners of Heard County shall continue in existence until that time. The provisions of law relating to said Board shall remain effective until that time, except that no further members of that Board shall be elected. Said Board shall stand abolished at that time."

(3) By striking Section 18 in its entirety and inserting in lieu thereof a new Section 18 to read as follows:

"Section 18. An Act creating the Board of Commissioners of Heard County, approved March 27, 1941 (Ga. Laws 1941, p. 864), as amended by an Act approved February 13, 1956 (Ga. Laws 1956, p. 2346), an Act approved March 15, 1957 (Ga. Laws 1957, p. 3341), an Act approved March 3, 1965 (Ga. Laws 1965, p. 2113), and an Act approved February 27, 1969 (Ga. Laws 1969, p. 2120), is hereby repealed and all of said amendatory Acts are likewise repealed."

Mr. Knight of the 30th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 105, nays 0.
The motion prevailed and the Senate amendment to HB 675 was agreed to.
HB 397. By Messrs. Cook of the 95th and Cheeks of the 78th: A Bill to be entitled an Act to authorize the governing authority of each county and municipality to enact for their respective jurisdictions, ordinances which have the effect of restricting the operation of adult bookstores and movie houses to areas zoned for commercial or industrial purposes; and for other purposes.

1984

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

The Senate Committee on Special Judiciary moves to amend HB 397 as follows:

On Page 1, Line 10, after the word "penalties", add the following:
"to provide for severability;"
By renumbering Section 5 to read "Section 6", and by inserting a new Section 5 to read as follows:

"Section 5. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or ad judged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitu tional."
Mr. Cook of the 95th moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Carr Chance Chandler Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Egan Ezzard Farrar Felton Fraser Gary Geisinger

Gignilliat
Grahl
Grantham Greer Griffin Gunter Ham Hamilton Harrington Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

THURSDAY. MARCH 4, 1971

1985

Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Pearce Peters Phillips, L. L. Poole Potts Rainey

Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Atherton Brown, C. Burruss Busbee Carter Chappell Dailey Dean, J. E.
Dorminy
Drury
Evans
Floyd, J. H.

Floyd, L. R. Gaynor Granade Hadaway Harris Hill, B. L. Hood Hudson, C. M.
Lewis
Longino
Mason
Melton

Miller Patterson Patten Phillips, G. S. Phillips, W. R. Pickard Pinkston Reaves
Savage
Sims
Snow
Mr. Speaker

On the motion, the ayes were 159, nays 0.

1986

JOURNAL OF THE HOUSE,

The motion prevailed and the Senate amendment to HB 397 was agreed to.

HB 629. By Messrs. Lee, Northcutt and Gary of the 21st: A Bill to be entitled an Act to amend an Act creating and establishing a Planning Commission and Board of Zoning Appeals for Clayton County, so as to provide that the Planning Department shall notify the Clayton County Board of Education of any rezoning application; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 629 as follows:
By striking from the title the phrase "to provide that no amendments to the zoning regulations shall
be made or become effective until the same shall have been pro posed by or be first submitted to the Clayton County Planning De partment and favorably recommended by said Department and then transmitted to the Clayton County Planning Commission and recommended by majority action of said Planning Commission",
and inserting in lieu thereof the following: "to provide that no amendments to the zoning regulations
shall be made or become effective until the same shall have been proposed by or be first submitted to the Clayton County Planning Commission and recommended by majority action of said Planning Commission".
By striking from quoted Section 9 of Section 2 the following:
"Clayton County Planning Department and favorably recom mended by said Department and then transmitted to the".
Mr. Lee of the 21st moved that the House agree to the Senate amendment.
On the motion, the ayes were 105, nays 0.
The motion prevailed and the Senate amendment to HB 629 was agreed to.
HB 743. By Messrs. Lee, Northcutt and Gary of the 21st: A Bill to be entitled an Act to authorize and direct the tax commis sioners or tax collectors to remit all education funds to the board of education in certain counties once a month except for a certain per centage; and for other purposes.

THURSDAY, MARCH 4, 1971

1987

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 743 as follows:

By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

"Section 2. This Act shall become effective on January 1, 1972."

Mr. Lee of the 21st moved that the House agree to the Senate amendment.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 743 was agreed to.

HB 136. By Messrs. Nunn and Moyer of the 41st, Ham of the 33rd, Smith and Turner of the 3rd and others:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the Clerks of the Superior Courts of Georgia, so as to provide for benefits for additional service; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Retirement moves to amend HB 136 as follows:
By placing a period just after the word "court" on line 26, page 2; and by striking the remaining language on line 26, page 2 and all the language on lines 27 through 33, page 2; and by strik ing lines 1 and 2, page 3; and the word "board" on lines 3, page 3.

Mr. Nunn of the 41st 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, G. D. Adams, John Alien Battle Bennett, Tom Black Bostick

Bowen Brantley, H. H. Bray Brown, C. Brown, S. P. Busbee Chance

Chappell Cheeks Clements Collier Collins, S. Coney, G. D. Coney, J. L.

1988
Connell Cook Davis, E. T. Davis, W. Dent Dixon Dorminy Egan Evans Ezzard Felton Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Gunter Ham Hamilton Harrison Hawes Hill, G. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Keyton

JOURNAL OP THE HOUSE,

King Knight Knowles Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Logan Marcus Mason Matthews, C. Maxwell McCracken McDaniell Melton Miles Miller Moore Morgan Moyer Mulherin Mullinax Northcutt Nunn Odom Oxford Patten

Pearce
Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shanahan Sherman Sims Smith, H. R. Sorrells Strickland Sweat Thomason Townsend Triplett Tripp Wheeler, Bobby Wheeler, J. A. Whitmire Wood

Those voting in the negative were Messrs.

Alexander, W. M.
Bell Bohannon
Brantley, H. L. Carr Carter Cole Dean, N.
Granade Harrington

Harris Hays Johnson Jordan Kreeger Lane, W. J. Lewis
Mauldin Milford Nessmith

Noble Ross Savage Smith, J. R. Smith, V. T. Stephens Turner Vaughn Westlake Wilson

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Atherton Barfield Bennett, J. T. Berry Blackshear Bond Brown, B. D.

Buck
Burruss Chandler
Collins, M. Colwell
Conger Dailey Daugherty Dean, Gib

Dean, J. E. Drury Edwards Farrar
Floyd, J. H. Floyd, L. R. Greer Griffin Hadaway

THURSDAY, MARCH 4, 1971

1989

Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Jones, Herb Lane, Dick Longino

Lowrey Matthews, D. R. McDonald Merritt Murphy Patterson Phillips, W. R. Pickard Rush Salem

Shepherd Snow Thompson Toles Wamble
Ware Williams Mr. Speaker

On the motion, the ayes were 110, nays 30.

The motion prevailed and the Senate amendment to HB 136 was agreed to.

HB 54. By Messrs. Rush of the 59th and Jones of the 87th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections, so as to provide that it shall be unlawful for any person to come inside the guard line of penitentiaries with amphetamines, biphetamines, inhalers or other hallucinating substance; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Special Judiciary moves to amend HB 54 as follows:
On page 1, line 27 add the word "or" before the word "bi phetamines" and on line 27 strike the following words: "inhalers, containing hallucinating or intoxicating substances".

Mr. Rush of the 51st 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, G. D. Adams, John Adams, Marvin Alien
Atherton Battle Bennett, Tom Berry Black Bohannon Bostick

Bowen Brantley, H. H. Brantley, H. L. Bray
Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter

Chance Chandler Cheeks Clements
Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. , Conger

1990
Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Felton
Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Harrington Harris Harrison
Hawes Hays Hill, G. Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson

JOURNAL OF THE HOUSE,

Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan
Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Patten

Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Rush
Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Strickland Sweat Thompson Triplett Tripp
Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Barfield Bell
Bennett, J. T. Blackshear Bond Brown, B. D. Chappell
Coney, J. L.
Dailey Daugherty

Dean, J. E. Drury Farrar Floyd, J. H.
Floyd, L. R. Fraser Hadaway Hamilton
Hill, B. L. Hood Horton
Hudson, C. M.

Longino Lowrey Matthews, D. R. Maxwell
Merritt Moore Murphy Northcutt Oxford Patterson Phillips, W. R. Pickard

THURSDAY, MARCH 4, 1971

1991

Ross Russell, W. B. Snow Sorrells

Stephens Thomason Toles Townsend

Wamble Mr. Speaker

On the motion, the ayes were 149, nays 0.

The motion prevailed and the Senate amendment to HB 54 was agreed to.

HB 476. By Messrs. Phillips of the 50th and Battle of the 90th:
A Bill to be entitled an Act to provide that it shall be unlawful to en gage in certain activities in relation to the use of fires and ignited ob jects; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Natural Resources and Environmental Quality moves to amend HB 476 by adding to Section 1 the following:
(e) "Provided, however, that the provisions of Section 1 of this Act shall not apply to fire resulting from the operation of trans portation machinery or equipment used in its normal or accustomed manner."

Mr. Phillips of the 50th moved that the House agree to the Senate amendment.

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

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Battle Bennett, Tom Berry Black Bohannon Bostick
Bowen
Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck

Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier
Collins, M.
Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook

Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Fraser
Gary
Gaynor Geisinger Gignilliat Grahl Granade Grantham

1992
Greer Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.

JOURNAL OF THE HOUSE,

Leggett Lewis Logan Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDonald Melton Miles Milford Miller Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey

Reaves Roach Rush Russell, A. B. Russell, H. P.
Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Triplett Tripp Turner Vaughn Wamble
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Levitas.

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Barfield Bell Bennett, J. T. Blackshear Bond Brown, B. D. Conger
Dailey
Daugherty
Dean, Gib
Dean, J. E.
Drury
Farrar
Felton

Floyd, J. H. Floyd, L. R. Griffin Gunter Hadaway Hill, B. L. Hood Horton Johnson
Larsen, W. W.
Longino
Lowrey
Matthews, D. R.
McDaniell
Merritt
Moore

Morgan Murphy Oxford Patterson Phillips, W. R. Pickard Ross Russell, W. B. Snow
Sorrells
Thomason
Thompson
Toles
Townsend
Westlake
Mr. Speaker

THURSDAY, MARCH 4, 1971

1993

On the motion, the ayes were 146, nays 1.

The motion prevailed and the Senate amendment to HB 476 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreement to House amendment to the Senate substitute thereto:

HB 469. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Court of Hall County, so as to change and increase the terms of said court; and for other purposes.

Mr. Williams of the llth moved that the House insist on its position in amending the Senate substitute and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

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

Messrs. Williams, Wood and Whitmire of the llth.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 92. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others: A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1971, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein, and the purposes provided for herein; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB 92
The Conference Committee on HB 92 recommends that both the

1994

JOURNAL OF THE HOUSE,

Senate and House of Representatives recede from their positions and that the Senate Substitute to HB 92 be adopted with the attached amendments.
Respectfully submitted,
FOR THE SENATE:
/s/ Lamar R. Plunkett 30th District
/s/ Frank E. Coggin 35th District
/s/ R. Eugene Holley 22nd District

FOR THE HOUSE:
/s/ James H. Floyd 7th District
/s/ George D. Busbee 61st District
/s/ Thomas B. Murphy 19th District

CONFERENCE COMMITTEE AMENDMENTS TO SENATE SUBSTITUTE TO HB 92
(1) By striking the language immediately following the designation "Article I." and preceding Section 1. and inserting in lieu thereof the following:
"The purpose of this Article relates to reductions in F.Y. 1971, and incorporates the fiscal 1971 revenue estimate of the governor, as amended."
(2) By striking Section 29 in its entirety and inserting in lieu thereof a new Section 29 to read as follows:
"Section 29. State Board of Regents.
1970-71 _________________-____......___...$1,503,700.00
Object Class:
Capital Outlay ___________________$977,700.00".
(3) By striking Section 30 in its entirety and inserting in lieu thereof a new Section 30 to read as follows:

THURSDAY, MARCH 4, 1971

1995

"Section 30. Governor's Emergency Fund.
1970-71 ________________________________________,__$ 404,720.00."
(4) By striking Section 32 in its entirety and inserting in lieu thereof a new Section 32 to read as follows:
"Section 32. Department of Public Safety.
1970-71 ________________________________________._.$ 122,000.00
Object Classes:
Personal Services _.________________$ 60,000.00 Operating Expenses ____________$ 32,000.00 Capital Outlay ________________$ 60,000.00
Provided that the above amount shall be utilized relative to 15 undercover agents for use as narcotic investigators and six laboratory scientists."
(5) By adding a new Section to be known as Section 34A to read as follows:
"Section 34A. State Budget Bureau.
1970-71 .__-____-_-__-__-__-____._______________-_--$ 69,280.00
Object Classes:
Personal Services __________-__..______$ 28,800.00 Operating Expenses _-_--__------ 40,480.00
Provided that funds appropriated in this Section for Personal Services shall be available to hire up to seven additional Manage ment Analysts and provide that funds appropriated in this Sec tion for Operating Expenses shall be available for expenses incident to increases in staff, for consultants and for other expenses re quired incident to modification of State Budgetary procedures and to cover cost overruns incurred in the publication and distribution of the State Budget Documents."
(6) By striking Section 36 in its entirety and inserting in lieu there of a new Section 36 to read as follows:
"Section 36. The total amount of the additional appropriations provided in the preceding Sections of this Article II. is $12,799,935.00."

1996

JOURNAL OF THE HOUSE,

Mr. Busbee of the 61st moved that the report of the Committee of Confer ence on HB 92 be adopted.

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

Those voting in the affirmative were Messrs.

Adams, G. D.
Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M.
Alien, S. D. Atherton Barfield
Battle Bell Bennett, J. T. Berry Black
Bohannon Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P.
Buck Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy

Drury Edwards Egan
Evans Ezzard Floyd, J. H.
Fraser Gary Gaynor Geisinger Gignilliat Grahl
Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison
Hawes Hays Hill, G. Hood Horton Housley Howard Hudson, Ted Hutchinson
Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton
King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

Lee, W. J. (Bill) Lee, W. S. Leggett
Levitas Lewis Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald
Melton Merritt Miles Milford Miller
Moore
Morgan Moyer Mulherin Mullinax Murphy Nes smith Noble Northcutt Nunn Odom Oxford
Patten Pearce Peters Phillips, G. S.
Poole Potts Rainey
Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage

Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens

THURSDAY, MARCH 4, 1971

1997

Strickland Sweat Thompson
Triplett Tripp Turner Vaughn Wamble

Ware Westlake Wheeler, Bobby
Wheeler, J. A. Whitmire Williams
Wilson Wood

Voting in the negative was Mr. W. R. Phillips.

Those not voting were Messrs.:

Bennett, Tom Blackshear Bostick Brown, C. Chappell Colwell Dailey Dean, J. E. Farrar Felton

Floyd, L. R. Hill, B. L. Howell Hudson, C. M. Johnson Longino
Lowrey Patterson Phillips, L. L. Pickard

Pinkston
Russell, W. B. Shepherd
Snow Sorrells
Thomason Toles Townsend Mr. Speaker

On the motion, the ayes were 165, nays 1.

The report of the Committee of Conference on HB 92 was adopted.

Mr. Edwards of the 45th moved that the following Bill of the House be taken from the table:
HB 370. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th: A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for licensing ambulance serv ices; and for other purposes.
The motion prevailed and HB 370 was taken from the table.
Mr. Edwards of the 45th moved that HB 370 be recommitted to the Com mittee on Health and Ecology for further study.
The motion prevailed and HB 370 was recommitted to the Committee on Health and Ecology for further study.

1998

JOURNAL OF THE HOUSE,

The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:

HR 185-634. By Messrs. Harris, Poole and Roach of the 10th:
A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Cartersville who are 62 years old or who are totally disabled and who have an income 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.

The following Senate amendment was read:
Senator Fincher of the 51st moves to amend HR 185-634 by adding after the words "Section 1. Article VII," on line 11, page 1 the following:
"Section 1,".

Mr. Harris of the 10th moved that the House agree to the Senate amendment.

On the motion, the ayes were 136, nays 0.

The motion prevailed and the Senate amendment to HR 185-634 was agreed to.

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 120-284. By Mr. Gignilliat of the 89th: A Resolution compensating William N. Jones; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 120-284 by changing the figure "$290.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$100.00".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

THURSDAY, MARCH 4, 1971

1999

On the adoption of the Resolution, as amended, the ayes were 159, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 85-225. By Mr. Dixon of the 65th: A Resolution compensating Mrs. Mary Hurst; 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 159, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 180-578. By Mr. Lane of the 44th:
A Resolution compensating Margie Bryant Williams; and for other purposes.

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

On the adoption of the Resolution, the ayes were 159, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 193-658. By Mr. Chandler of the 34th: A Resolution compensating John H. Rawlings; 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 159, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

2000

JOURNAL OF THE HOUSE,

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

HB 934. By Messrs. Westlake of the 75th, Atherton of the 117th, Alexander of the 108th, Bell of the 73rd and others:
A Bill to be entitled an Act to provide for the medical education and training of additional Georgia residents; and for other purposes.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks

Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger
Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy
Edwards Egan Evans Ezzard Farrar Fraser Gary Gaynor Geisinger
Gignilliat Grahl Granade Grantham Greer

Griffin Gunter Ham Hamilton Harrington Harrison Hawes
Hays Hill, G. Horton Housley Howard Howell Hudson, C. M.
Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger
Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)

Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith

THURSDAY, MARCH 4, 1971

2001

Noble Nunn Odom
Oxford Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd

Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Bray Dailey Dean, J. E. Drury Felton Floyd, J. H. Floyd, L. R. Hadaway

Harris Hill, B. L. Hood Longino Matthews, D. R. Miller Murphy Northcutt

Patterson Patten Phillips, W. R. Pinkston Sherman Snow Sorrells Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 0.

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

HB 600. By Mr. McCracken of the 36th:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2002

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Atherton Battle Bell Bennett, Tom Berry Black Blackkshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib
Dean, N.
Dent
Dixon
Edwards
Egan
Evans
Ezzard
Farrar
Felton

Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.

Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Ross Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims
Smith, H. R.
Smith, V. T.
Sorrells
Strickland
Sweat
Thomason
Thompson
Toles
Triplett

Tripp Turner Vaughn Wamble

THURSDAY, MARCH 4, 1971

2003

Ware Westlake Wheeler Whitmire

Williams Wilson Wood

Voting in the negative was Mr. Roach.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Alien Barfield Bennett, J. T. Bowen Buck Chappell Collins, S. Dailey Dean, J. E. Dorminy

Drury Ployd, J. H. Floyd, L. R. Geisinger Gunter Hill, B. L. Hood Hutchinson Le vitas Longino Matthews, D. R. Murphy

Northcutt Patterson Pickard Rush Russell, A. B. Russell, H. P. Smith, J. R. Snow Stephens Townsend Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 1.

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

Mr. Dorminy of the 48th stated that he had been called from the floor of the House when the roll was called on HB 600, and wished to be recorded as voting "aye".

HR 183-623. By Messrs. Connell and Dent of the 79th, Smith and Sherman of the 80th, Mulherin, Miles and Cheeks of the 78th: A Resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the conveyance of a certain tract of State-owned property; and for other purposes.
WHEREAS, there was donated to the State of Georgia by the City of Augusta the following described tract of land:

2004

JOURNAL OF THE HOUSE,

"All that lot, tract, or parcel of land in the City of Augusta, Richmond County, Georgia, commencing at a point on the West side of Wood Street and the intersection of Division Street and Wood Street; thence North 31 35' East a distance of 290 feet to a point; thence North 28 55' East along the West side of Wood Street a distance of 260 feet to the point of beginning; thence 28 55' East for a distance of 65 feet to a point; thence North 31 50' West a distance of 999.6 feet to a point on the East side of Milledge Road; thence along the East side of Milledge Road South 57 7' West, 200 feet to a point; thence continuing along the East side of Milledge Road South 42, 27' West, a distance of 200 feet; thence continuing along the East side of Milledge Road South 25, 53' West, a distance of 140 feet to a point; thence South 58, 33' East, 1005 feet to the point of beginning on the West side of Wood Street, being bounded on the Northeast by property of The City Council of Augusta, on the East by Wood Street, on the Southwest by property of the State of Georgia, and on the West by Milledge Road."; and

WHEREAS, said tract of land is no longer needed by the Depart ment of Defense and is therefore surplus property; and

WHEREAS, the City of Augusta is desirous of having returned to it said property in order that it might employ it for the use of the citizens of the City of Augusta.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor acting for and in behalf of the State of Georgia is hereby authorized and directed to execute the necessary instruments in order to convey the hereinabove described tract of land to the City of Augusta for and in consideration of the sum of $1.00, provided that the City of Augusta shall erect a chain link fence of equal height and quality to the existing fence along the northern boundary line of the State property approximately 1,005 feet.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell

Bennett, Tom Black Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L.

Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance

Chandler Cheeks Clements Cole Collier Coiling, M. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Edwards Ezzard Farrar Felton Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson

THURSDAY, MARCH 4, 1971

2005

Isenberg
Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Odom Oxford

Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. S. Collins.

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T. Berry Bowen

Bray Buck Chappell Colwell Coney, G. D.

Cook Dailey Dean, Gib Dean, J. E. Drury

2006
Egan Evans Ployd, J. H. Floyd, L. R. Fraser Gunter Hill, B. L.

JOURNAL OF THE HOUSE,

Hood King Longino Mason Matthews, D. R. Northcutt Patterson

Phillips, W. R. Pinkston Scarborough Snow Thomason Wamble Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 158, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 678. By Messrs. Connell and Dent of the 79th, Sherman and Smith of the 80th, Miles, Mulherin and Cheeks of the 78th and others:
A Bill to be entitled an Act to add one additional judge of the Superior Courts of the Augusta Judicial Circuit; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to add one additional judge of the Superior Courts of the Augusta Judicial Circuit; to provide for the appointment of said judge; to provide for the election of his successors; to prescribe the powers of said judge; to prescribe the compensation and salary of said judge; to provide for rules and the transaction of business of the Superior Courts of said circuit; 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. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution, one additional judge of the Superior Courts for the Augusta Judicial Circuit is hereby added, thereby increasing to four the number of the judges of the Superior Courts for said circuit, effective July 1, 1971.
Section 2. Said additional judge shall be appointed by the Gov ernor to take office on July 1, 1971, to serve until December 31, 1972. His successor shall be elected in the 1972 general election, take office on January 1, following his election, to serve for a term of office of four years and until his successor shall be duly elected and qualified. Sub sequent successors shall likewise be so elected and serve for four year terms of office.
Section 3. Said additional judge shall have and may exercise all

THURSDAY, MARCH 4, 1971

2007

powers, duties, dignity, jurisdiction, privileges and immunities of the present Judges of the Superior Courts of this State.

Section 4. The compensation, salary, and contingent expense allow ance of said additional judge shall be the same as that of other Judges of the Superior Coutrs of the Augusta Judicial Circuit.

Section 5. Except as hereinafter provided, a majority of the Judges of the Superior Courts of the Augusta Judicial Circuit shall adopt, promulgate, amend and enforce such rules as said majority may de termine to be suitable and proper for the effective transaction of the business of the courts of said circuit and in performance of their duties and responsibilities. Said majority shall divide and allocate the work and duties to be performed by each judge, including the work and duties of the judge who is appointed to the new judgeship created by this Act and to take office July 1, 1971. However, in the event of a tie vote among the judges of said circuit, then in that event, the decision shall be made by the judge of said circuit who is senior in term of continuous service.

Section 6. This Act shall become effective on April 1, 1971.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck
Burruss Busbee Carr Carter
Chance Chandler Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D.

Coney, J. L. Conger Connell Daugherty Davis, W.
Dean, N. Dent Dorminy Edwards
Egan Evans Ezzard Praser Gary Gaynor Geisinger Gignilliat Grahl

2008
Granade Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S.
Leggett Lewis
Logan
Marcus Matthews, C.
Mauldin Maxwell
McCracken McDaniell McDonald
Melton Merritt Miles Milford Miller Morgan
Moyer Mulherin Nessmith
Noble Nunn
Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pickard Pinkston

Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Townsend Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative were Messrs. Dixon and Sweat.

Those not voting were Messrs.:

Adams, G. D. Blackshear Bowen Chappell Collins, M. Cook Dailey
Davis, E. T.
Dean, Gib
Dean, J. E.
Drury
Farrar
Felton
Floyd, J. H.
Floyd, L. R.

Grantham Greer Gunter Hill, B. L. Hill, G. Howell Lambert
Levitas
Longino
Lowrey
Mason
Matthews, D. R.
Moore
Mullinax
Murphy

Northcutt Patterson Phillips, L. L. Russell, W. B. Savage Shepherd Snow
Thomason
Thompson
Toles
Wamble
Ware
Mr. Speaker

THURSDAY, MARCH 4, 1971

2009

On the passage of the Bill, by substitute, the ayes were 150, nays 2.

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

By unanimous consent, HB 678, by substitute, was ordered immediately transmitted to the Senate.
HB 345. By Messrs. Felton, Cook, Greer, Hawes and Horton of the 95th, Alex ander of the 108th, Larsen of the 113th, Hill of the 97th and others: A Bill to be entitled an Act to add four additional judges of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
The following Committee amendment was read and withdrawn by unanimous consent:
The Committee on Special Judiciary moves to amend HB 345 as follows:
By striking from line 12 of page 1 the word "Four" and substituting in lieu thereof the word "Three".
and
By striking the word "thirteen" in line 7 of page 3 and substituting the word "twelve".
and
By amending the caption, page 1, line 1, by striking the word "four" and substituting for word "three".

The following amendment was read and adopted:
Mr. Felton of the 95th moves to amend HB 345 by striking from the caption the word "four" on line 1 of page 1 and substituting in lieu thereof the word "two", and
by striking from line 12 of page 1 the word "four" and substituting in lieu thereof the word "two", and
by striking the word "thirteen" in lines 7 and 3 and substituting in lieu thereof the word "eleven".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

2010

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, G. D. 1 Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Carter Chance Cheeks Clements Cole Collier Collins, M. Collins, S.
Colwell
Coney, G. D.
Coney, J. L.
Conger
Connell
Cook
Daugherty
Davis, E. T.
Davis, W.
Dean, N.
Dent
Dorminy
Edwards
Egan
Evans

Ezzard Felton Fraser Gary Gaynor Geisinger Gignilliat Granade Greer Griffin Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Johnson Jones, J. R. Jordan Keyton King Knight Knowles
Kreeger
Lambert
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Levitas
Lewis
Logan
Marcus
Mason
Matthews, C.
Mauldin
Maxwell

McCracken McDaniell Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Noble Northcutt Nunn Odom Oxford Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Shepherd Sherman
Sims
Smith, H. R.
Smith, J. R.
Smith, V. T.
Sorrells
Strickland
Thompson
Turner
Vaughn
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wood

THURSDAY, MARCH 4, 1971

2011

Those voting in the negative were Messrs.:

Dixon Grantham Lane, Dick

Lane, W. J. Nessmith Savage

Stephens Sweat

Those not voting were Messrs.:

Atherton Blackshear Brantley, H. L. Buck Burruss Chandler Chappell Dailey Dean, Gib Dean, J. E. Drury Farrar Floyd, J. H. Floyd, L. R. Grahl Gunter

Hadaway Hill, B. L. Hill, G. Hudson, C. M. Jessup Jones, Herb Longino Lowrey
Matthews, D. R. McDonald Merritt Moore Murphy Patterson Patten Peters

Pickard Poole Rush Russell, W. B. Snow Thomason Toles Townsend Triplett Tripp Wamble Ware Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 141, nays 8.

The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 345, as amended, was ordered immediately trans mitted to the Senate.
HB 210. By Messrs. Adams of the 100th, Rainey of the 47th, Grahl of the 40th, Lane of the 101st and Savage of the 104th: A Bill to be entitled an Act to require the display of information relating to maximum capacity on watercraft; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Game and Fish moves to amend HB 210 as follows:
By renumbering Sections 10 through 12 as Sections 11 through 13.
And by inserting following Section 9 a new Section 10 to read as follows:

2012

JOURNAL OF THE HOUSE,

"Section 10. Nothing contained within this Act shall be con strued so as to apply to any person who shall manufacture or con struct a watercraft for his own personal use and so long as said watercraft remains the property of the person who manufactured or constructed said watercraft."

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collier
Collins, S. Coney, G. D. Coney, J. L. Conger Connell
Daugherty Davis, E. T.

Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R.
Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley
Howard Howell Hudson, Ted Hutchinson Isenberg

Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin

Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey

THURSDAY, MARCH 4, 1971

2013

Reaves Roach Ross Rush Russell, A. B. Salem Savage Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland

Sweat Thomason Thompson Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bennett, Tom

Moore

Scarborough

Those not voting were Messrs.:

Blackshear Bo wen Brantley, H. L. Brown, S. P. Chance Collins, M. Colwell Cook Dailey Dean, J. E.

Drury Greer Gunter Hadaway Hill, B. L. Hill, G. Hudson, C. M. Longino Lowrey Noble

Patterson Pickard Pinkston Russell, H. P. Russell, W. B. Sims Snow Toles Townsend Mr. Speaker

On the passage of the Bill, as amended, the ayes were 162, nays 3.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 552. By Messrs. Alexander of the 108th and Thompson of the 85th:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to change the name "solicitor-general" to "District Attorney", and to remove certain provisions relating to lunacy warrants and to insert in lieu thereof the requirement that the District Attorney shall cause a hearing to be held of persons convicted of sex crimes in counties of residence; and for other purposes.

The following Committee amendment was read and adopted:

2014

JOURNAL OF THE HOUSE,

The Committee on Judiciary moves to amend HB 552 as follows:

By striking Section 11-E in its entirety from the Act approved March 9, 1956 (Ga. Laws 1956, p. 580) and renumber subsequent sec tions if any.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Connell Cook

Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Egan Evans Ezzard Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R.

Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn Odom

Patten Pearce Peters Phillips, G. S. Poole Potts Rainey Reaves Roach Russell, H. P. Savage Scarborough

THUKSDAY, MARCH 4, 1971

2015

Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Strickland Sweat Thompson Triplett Tripp

Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Bohannon

Dean, Gib

Nessmith

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Collier Colwell Conger Dailey Dean, J. E. Drury Edwards Farrar Felton Floyd, J. H. Floyd, L. R. Greer

Hadaway Hill, B. L. Hill, G. Hood Howell Knowles Lane, W. J. Longino Lowrey Matthews, D. R. Oxford Patterson Phillips, L. L. Phillips, W. R. Pickard

Pinkston Ross Rush Russell, A. B. Russell, W. B. Salem Snow Sorrells Stephens Thomason Toles Townsend Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 3.

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

Mr. Dean of the 13th stated that he had inadvertently voted "nay" on the passage of HB 552, as amended, and wished to be recorded as voting "aye".

HB 554. By Messrs. Hawes of the 95th, Lane of the 101st and Hamilton of the 112th:
A Bill to be entitled an Act to amend Code Section 23-1705, relating to bond for public contractors, as amended, so as to increase the total amount of the contract price where such bonds shall be required; and for other purposes.

2016

JOURNAL OP 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, G. D. Adams, John Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Burruss Carr Chance Chandler Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Egan Evans Ezzard Felton Fraser Gary Geisinger

Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harrison Hawes Hays Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles

Milford Moore Morgan Moyer Mulherin Murphy Nessmith Nunn Odom Oxford Pearce Phillips, G. S. Phillips, L. L. Poole Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Thompson Toles Townsend Tripp Turner Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

THURSDAY, MARCH 4, 1971 Voting in the negative was Mr. Grahl.

2017

Those not voting were Messrs.:

Adams, Marvin Alien Barfield Bennett, J. T. Bond Brown, B. D. Brown, C. Buck Busbee Carter Collier Collins, S. Dailey Dean, J. E. Dean, N. Dorminy Drury Edwards Farrar Floyd, J. H.

Floyd, L. R. Gaynor Hadaway Harris Hill, B. L. Hill, G. Hood Hudson, C. M. Johnson Jones, Herb Knight Knowles Lambert Longino Mason Melton Miller Mullinax Noble Northcutt

Patterson Patten Peters Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Snow Sorrells Thomason Triplett Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 136, nays 1.

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

HB 555. By Messrs. Hawes of the 95th and Lane of the 101st and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend Code Section 26-2101, relating to distributing of obscene materials, so as to provide that any person, who, with intent to do so shall be party to distributing obscene material of any description, shall be doing an act of public nuisance; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Industry moves to amend HB 555 as follows:
By striking from line 3 of page 1, from line 17 of page 1, and from line 30 of page 2 of said bill the following:
"lend,".

2018

JOURNAL OF THE HOUSE,

By striking from line 4 of page 1, from line 17 of page 1, and from line 30 of page 2 the following:

By striking from line 7 of page 1, from lines 20 and 21 of page 1, and from lines 33 and 34 of page 2, the following:
"or who shall possess such material".

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, G. D. Adams, John
Adams, Marvin Alexander, W. M.
Alien Atherton
Barfield Battle Bell Bennett, J. T. Bennett, Tom
Berry Black Bohannon
Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Buck Burruss
Carr Chance Chandler Chappell
Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell

Coney, G. D. Coney, J. L. Conger Connell
Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Egan Evans Ezzard Felton Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham
Greer Griffin Ham
Hamilton Harrington
Harrison
Hawes Hays Hill, G.
Horton Housley

Howard Hudson, Ted
Hutchinson Isenberg Jessup Johnson
Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey
Marcus Matthews, C. Matthews, D. R.
Mauldin Maxwell McCracken McDaniell

McDonald Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Odom Oxford Pearce Peters Phillips, G. S. Phillips, L. L.

THURSDAY, MARCH 4, 1971

2019

Phillips, W. R. Pinkston Poole Potts Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens

Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner V aughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Voting in the negative were Messrs. W. H. Alexander and Bond.

Those not voting were Messrs.:

Blackshear Brown, B. D. Brown, C. Busbee Carter Dailey Daugherty Dean, J. E. Dorminy Drury Edwards Farrar Floyd, J. H.

Floyd, L. R. Granade Gunter Hadaway Harris Hill, B. L. Hood Howell Hudson, C. M. Longino Mason Melton Miller

Northcutt Patterson Patten Pickard Rainey Reaves Savage Shepherd Sims Snow Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as am-metm nA deaA d.

Mr. Brown of the 110th stated that he had been called from the floor of the House when the roll was called on HB 155, as amended, but had he been present would have voted "nay".

HB 287. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Chapters 92-31 and 92-32, relating to the imposition, rate and computation of Georgia Income Tax,

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and exemptions and deductions thereunder, so as to change the rate of taxation imposed on individuals; and for other purposes.

By unanimous consent, further consideration of HB 287 was postponed until March 5, 1971, immediately after the period of unanimous consents.

The Speaker announced the House recessed until 1:45 o'clock, P.M.

AFTERNOON SESSION The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 334. By Mr. Moyer of the 41st:
A RESOLUTION
Relative to the Honorable Burl B. Daniel; and for other purposes.
WHEREAS, the ancestors of the Honorable Burl B. Daniel of Fort Worth, Texas, several years ago migrated from the State of Georgia to the State of Texas, for the purpose of profit and pleasure and to in fluence the social and political life of that State; and
WHEREAS, such achievements were accomplished with outstanding success; and
WHEREAS, Burl B. Daniel has been active in the social and political life of his community, having been a longtime member of Birdville, Texas, Board of Education, and singularly responsible for the progres sive achievements of said educational system; and
WHEREAS, Burl B. Daniel has practiced the professions of insur ance sales, real estate, merchandising, teaching, military, restaurateur, and politician, with varying degrees of success ranging from extreme unsuccess to outstanding success; and
WHEREAS, perhaps the high watermark of his political endeavors was reached through the enthusiastic support of a certain member of the House from Houston County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that in recognition of the outstanding ac complishments and achievements of the Honorable Burl B. Daniel of

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2021

Fort Worth, Texas, his body does hereby bestow upon him Honorary Citizenship for the State 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 Honorable Burl B. Daniel.

HR 335. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Mr. Gerald Beckum; and for other purposes.
WHEREAS, Mr. William M. Booth has recently been named the 1971 STAR Student for the Macon County School System and has se lected Mr. Gerald Beckum as his STAR teacher; and
WHEREAS, STAR students are chosen each year on the basis of their score on the College Board Scholastic Aptitude Test and scholastic averages for the first semester of the senior year; and
WHEREAS, Mr. Beckum and Mr. Booth will be honored at the Chamber of Commerce STAR banquet in Atlanta on April 23, 1971; and
WHEREAS, Mr. Beckum is not only a very talented teacher, but also very popular among his students; and
WHEREAS, it is only fitting and proper that Mr. Beckum be recognized for the contributions he has made to the scholastic develop ment of Mr. Booth.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. Gerald Beckum for his outstanding contributions to the students at Macon County High School.
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. Gerald Beckum.

HR 336. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Mr. James Yawn; and for other purposes.
WHEREAS, Miss Annette Futch has recently been named the 1971 STAR Student for Americus High School and has selected Mr. James Yawn of Americus High School as her STAR Teacher; and

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WHEREAS, STAR Students are chosen each year on the basis of their score on the College Board Scholastic Aptitude Test and scholastic averages for the first semester of the senior year; and

WHEREAS, Mr. Yawn and Miss Futch will be honored at a district banquet next month in Columbus, at which time the district winner will be named; and

WHEREAS, this energetic and dynamic young man has been ren dering excellent service to the students of Americus High School; and

WHEREAS, it is only fitting and proper that Mr. James Yawn be recognized for the contributions he has made to the scholastic development of Miss Futch.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Mr. James Yawn for his many outstanding contributions to Americus High School.

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. James Yawn.

HR 337. By Mrs. Merritt of the 46th:
A RESOLUTION
Congratulating Mr. William M. Booth; and for other purposes.
WHEREAS, Mr. William M. Booth has been named the 1971 STAR Student for the Macon County School System; and
WHEREAS, STAR Students are chosen each year on the basis of their score on the College Board Scholastic Aptitude Test and scholastic averages for the first semester of the senior year; and
WHEREAS, Mr. Booth and his teacher will be honored at the Chamber of Commerce STAR banquet in Atlanta on April 23, 1971; and
WHEREAS, the admirable record compiled by Mr. Booth can only be attributed to his intelligence, dedication and hard work; and
WHEREAS, it is only fitting and proper that Mr. Booth be recog nized for his outstanding achievements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body to hereby con gratulate Mr. William M. Booth for being selected as the STAR Student for the Macon County School System.

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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. William M. Booth and to his parents.

HR 338. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Miss Annette Futch; and for other purposes.
WHEREAS, Miss Annette Futch, outstanding Americus High School senior, has recently been named the 1971 STAR Student for Americus High School; and
WHEREAS, Miss Futch is the daughter of Mr. and Mrs. Norton Futch of Americus; and
WHEREAS, STAR Students are chosen each year on the basis of their score on the College Board Scholastic Aptitude Test and scholastic averages for the first semester of the senior year; and
WHEREAS, Miss Futch and her teacher will be honored at a district banquet next month in Columbus, at which time the district winner will be named; and
WHEREAS, it is only fitting and proper that Miss Annette Futch be recognized for her outstanding scholastic achievements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Miss Annette Futch for being selected as the Americus High School STAR Student.
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 Annette Futch and to her par ents, Mr. and Mrs. Norton Futch.

HR 339. By Mrs. Merritt of the 46th:
A RESOLUTION
Expressing regret at the passing of Mr. H. K. "Hop" Henderson; and for other purposes.
WHEREAS, Mr. H. K. "Hop" Henderson recently passed away at the age of 66; and

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WHEREAS, Mr. Henderson served in the Americus Fire Depart ment for 44 years and as its popular fire chief for 29 years; and

WHEREAS, during his tenure as chief of the Americus Fire De partment, the department won honors year after year, and in 1955 won State honors for the outstanding program it carried on during National Fire Prevention Week; and

WHEREAS, during his long and eventful life, Mr. Henderson pro vided an inspiration to his community and State through his many con tributions to the civic, religious, economic and political life of his community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest and sincerest regret at the passing of one of this State's most outstand ing and distinguished citizens, Mr. H. K. "Hop" Henderson.

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 family of Mr. H. K. "Hop" Henderson and to the Americus Fire Department.

HR 340. By Mr. Lewis of the 37th:
A RESOLUTION
Commending the Honorable O. J. Cliett; and for other purposes.
WHEREAS, the Honorable 0. J. Cliett served with distinction as the Sheriff of Burke County for 24 years before retiring in December 1968; and
WHEREAS, he was widely known throughout the State for his effective and efficient law enforcement programs; and
WHEREAS, he repeatedly and without thought for his own personal safety risked his own life to protect the lives and property of the citizens of Burke County; and
WHEREAS, he has always been very active in the civic and re ligious affairs of Burke County, having held many important offices; and
WHEREAS, it is only fitting and proper that the Honorable 0. J. Cliett be recognized and commended for his long and dedicated service to the people of Burke County and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con-

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2025

gratulate the Honorable 0. J. Cliett for the outstanding contributions which he has made to the people of Burke County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable 0. J. Cliett.

HR 341. By Messrs. Wood, Whitmire and Williams of the llth:
A RESOLUTION
Commending the East Hall High School basketball team; and for other purposes.
WHEREAS, the East Hall High School basketball team has re cently won the Class 6-A region title; and
WHEREAS, this outstanding team compiled a season record of 25 wins and one loss; and
WHEREAS, the members of the team displayed amazing offensive and defensive talents and outstanding rebounding ability; and
WHEREAS, the admirable record compiled by this team can only be contributed to the dedication, drive and outstanding physical con ditioning of the members of the team and to the outstanding coaching ability of Coach Eddie Waldrep, who himself was a former star at East Hall High School during the 1950's.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the East Hall High School basketball team for its amazing record of victories during the past season.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to East Hall High School and to Coach Eddie Waldrep.

HR 342. By Mr. Edwards of the 45th: A RESOLUTION
Commending Mr. John K. Robinson; and for other purposes. WHEREAS, Mr. John K. Robinson is the Executive Vice Presi dent of the Georgia Cattlemen's Association; and WHEREAS, Mr. John K. Robinson has, through his diligent efforts

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and hard work, furthered the relations between the Georgia General Assembly and the livestock and farm interests of the State of Georgia; and

WHEREAS, Mr. John K. Robinson has been of valuable assistance to the General Assembly of Georgia by providing information and advice relative to livestock and farm interest legislation; and

WHEREAS, Mr. John K. Robinson has, through his efforts, been an asset to the State of Georgia, so it is only fitting and proper that he be commended for his excellent record of achievement.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. John K. Robinson for his outstanding achievements and long record of service.

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. John K. Robinson and to the Georgia Cattlemen's Association.

HR 347. By Messrs. Westlake, Floyd, Davis and Granade of the 75th:
A RESOLUTION
Commending the Walker High School "Hawks" Wrestling Team; and for other purposes.
WHEREAS, in February, 1971, the Walker High School "Hawks" Wrestling Team won its third straight county championship; and
WHEREAS, these fine young athletes have also won the last five consecutive State Tournaments, the last three of these having been in Class AAA; and
WHEREAS, both the Varsity and "B" teams have compiled amazing records during the past year; and
WHEREAS, these outstanding athletic accomplishments can only be attributed to the drive, determination and superb physical condition ing of these young athletes and to the brilliant coaching efforts of Coach George Hogan; and
WHEREAS, it is only fitting and proper that the Walker High School "Hawks" Wrestling Team be recognized and commended for their many outstanding athletic accomplishments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Walker High School "Hawks" Wrestling Team for the amazing record of victories which they have compiled during the past season and for their many other outstanding athletic accomplishments.

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2027

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 Walker High School.

HR 348. By Messrs. Smith of the 43rd, Collins of the 62nd, Reaves of the 71st, Russell and Keyton of the 70th and others:
A RESOLUTION
Urging the abandonment of a policy of consolidating Selective Serv ice functions within the State of Georgia; and for other purposes.
WHEREAS, the United States Selective Service System has recently adopted a nationwide co-location plan for centralization of records and certain functions relative to the Selective Service System; and
WHEREAS, centralization in this manner might necessitate travel by citizens of this State for excessive distances, often exceeding 50 miles in each direction, in order to transact certain business and perform certain tasks connected with the Selective Service System; and
WHEREAS, any savings to be affected on the part of the Selective Service System by the co-location plan in the State of Georgia would more than be offset by the extra expense and inconvenience to the citi zens of this State in the additional travel required for the transaction of certain business with the Selective Service System; and
WHEREAS, the adoption of this plan will result in the loss of the equivalent of 26.68 full time jobs, or a total of 65 full and part time jobs, in this State at a time when unemployment is of serious concern to the citizens of this State and Nation; and
WHEREAS, the inability of a local draft board to have immediate access to the records of its registrants will result in an inability on the part of local boards to provide responses to inquiries by registrants con cerning the status of said registrants in a reasonably short period of time; and
WHEREAS, the continuous flow of records from the co-located records centers to the local boards and their return will only serve to impede the efficiency of the local boards and creates the strong possi bility of loss of records and other vital data; and
WHEREAS, it is the feeling of the members of this body that the Selective Service System should be maintained in a manner so as to be as close as possible to the local community in order that a better under standing of the problems and needs of the local communities of this State and the citizens thereof might be better maintained.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby urge the Selective Service System and its Director, Dr. Curtis Tarr, to reverse

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the decision which has been made on co-location of Selective Service records and other functions within the State of Georgia and do hereby urge that the present number of methods of operation of Selective Serv ice System offices be maintained within this State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to the President of the United States; the Vice President of the United States; the Director of the United States Selective Service System; the Director of the Selective Service System in Georgia; the Governor of the State of Georgia; and to each member of the United States Senate and the United States House of Representa tives from the State of Georgia.

HR 349. By Messrs. Murphy of the 19th and Smith of the 43rd:
A RESOLUTION
Providing for the election of a member of the State Real Properties Control Commission; and for other purposes.
WHEREAS, Code Section 91-103A (a) provides that a member of the House of Representatives shall be elected biennially as a member of the State Real Properties Control Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an election of a member of the House of Representatives to the State Real Properties Control Commission shall be held by the House of Representatives on March 4, 1971.

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

HR 343. By Messrs. Adams of the 100th, Rainey of the 47th, Rush of the 51st, Leggett of the 67th, Harrison of the 58th, and Tripp of the 49th:
A RESOLUTION Creating the Boating Safety Study Committee; and for other pur poses.
WHEREAS, a bill was introduced into the 1971 General Assembly requiring that youngsters under 16 years of age be prohibited from operating motorboats with horsepower of ten or more; and
WHEREAS, such a bill might be a worthwhile piece of legislation if youngsters under 16 caused or were involved in many accidents; and
WHEREAS, the Game and Fish Department has recorded only one boating accident involving a youngster under 16 for the 1970 boating season; and

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WHEREAS, it would be a worthwhile use of legislators' time and energy to study this matter, to determine the best legislative course for all Georgians.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the Boating Safety Study Committee, to be composed of five members of the House of Representatives chosen by the Speaker.

The Committee shall do all things necessary to effect the purposes hereinabove provided.

Each member of the Committee shall receive the expenses and allowances authorized to legislative members of interim study com mittees 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 recom mendations and submit same to the Clerk of the House for printing on or before December 1, 1971, 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 344. By Messrs. Gunter of the 6th, Floyd of the 7th, Lane of the 44th, Adams of the 35th and others:
A RESOLUTION
Amending the rules of the House; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the rules of the House are hereby amended by adding a new rule to be numbered Rule 252, which shall read as fol lows:
"252. No general bill or resolution shall be considered by the membership of the House of Representatives on the last day of the session unless a copy of the bill or resolution shall have been placed on each member's desk and notice that said bill or resolution is to be considered shall have been provided each member at least twentyfour hours prior to the beginning of the last day's business."

HR 351. By Messrs. Bennett of the 81st, Thomason of the 77th, and Miller of the 83rd: A RESOLUTION
Creating the Consumer Credit Study Committee; and for other purposes.

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WHEREAS, since the passage of the "Truth in Lending Act", there has been much conflict of opinion as to what kind of credit ar rangements can be made; and

WHEREAS, the use of credit by consumers, especially with re spect to credit cards, has increased tremendously over the past few years; and

WHEREAS, legislation in the areas of exempted transactions, limitations on finance charges, administrative enforcement, and penal ties should be drawn with the utmost care and in the interest of all parties concerned.

NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Consumer Credit Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. The Committee shall make a thorough and exhaustive investigation into the consumer credit business and the consumer credit laws in effect in Georgia, par ticularly the interest charges on credit accounts. 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 com mittees. The funds necessary to carry out the provisions of this Resolu tion shall come from the funds appropriated to or available to the legislative branch of government. The Committee shall make a report of its findings and recommendations to the 1972 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

The following Resolution of the House was read and referred to the Com mittee on Ways and Means:

HR 350. By Messrs. McDaniell, Kreeger and Housley of the 117th, Bohannon of the 20th and others:
A RESOLUTION
Urging the boards of trustees of State retirement and pension sys tems to increase investments in Georgia residential mortgages; and for other purposes.
WHEREAS, the Federal Housing and Urban Development Act of 1968 reaffirmed and expressed numerically the national housing goal as expressed in the 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

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WHEREAS, a Joint Resolution adopted at the 1970 session of the General Assembly of Georgia (Ga. Laws 1970, p. 843) affirmed for all Georgians the National Housing goal; and

WHEREAS, large amounts of long-term capital will be required for the realization of the National Housing goal; and

WHEREAS, the recent creation by the Federal Government of the Government National Mortgage Association, which guarantees singlefamily VA, FHA, and Farmers Home Administration mortgages in packages of at least 2 million dollars in custodian banks against de fault, created a mechanism whereby safe investments can be made in home mortgages at high and fixed rates of return for long periods of time; and

WHEREAS, the Employees' Retirement System, the Teachers' Re tirement System, the Public School Employees Retirement System, the Trial Judges and Solicitors Retirement System, the Legislative Retire ment System and other State retirement and pension systems have assets in excess of 700 million dollars and could provide a substantial amount of long-term capital which is badly needed to help finance safe and de cent dwelling units; and

WHEREAS, capital invested in home mortgages has been generally safe in the past and yielded a high rate of return; and

WHEREAS, the said retirement systems receive financial and ad ministrative benefits from the State of Georgia; and

WHEREAS, when economically sound and equally productive in vestment opportunities exist, the trustees of said retirement systems should choose investment opportunities which compliment the State's programs and assist it in achieving its stated goals.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the trustees of the State retirement and pension systems are hereby urged to substantially increase the purchase of Georgia residential mortgages, with priority given to those mortgages on dwellings of persons of low and moderate income, as long as such purchases are in keeping with sound investment practices.

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 boards of trustees of all State Retirement and pension systems.

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 715. By Messrs. Miller of the 83rd and Scarborough of the 81st: A Bill to be entitled an Act to amend an Act known as the "Georgia

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Polygraph Examiners Act", so as to clarify certain provisions relating to exemption from filing an application and license fee; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State of Republic moves to amend House Bill No. 715 as follows:

By deleting the words "another State or Federal" from Line 15, Page 2, and substituting in lieu thereof the words "a State, Federal or municipal".

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 687. By Messrs. Atherton of the 117th and Westlake of the 75th: A Bill to be entitled an Act to provide for fiscal responsibility of in corporated municipalities of this State; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 687 by adding a new Section to be numbered Section 4 to read as follows:
"Section 4. All records and documents developed or prepared in accordance with this Act shall be deemed public records and available for public inspection at all reasonable times during regular business hours. A summary report of the statement of receipts and disbursements of the municipality shall be published by the mu nicipality in a newspaper of general circulation in each county in which the municipality lies in whole or part."
and by renumbering the remaining sections of the bill accordingly;
and by amending the caption of the bill in line 5 on page 1 by inserting immediately before the words "to define", the following:
"to provide for inspection of records and publication of re ports;"

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2033

An amendment, offered by Mr. Isenberg of the 67th, was read and lost.

The following amendments were read and adopted:
Mr. Atherton of the 117th moves to amend HB 687 by adding after Section C on line 17 of page 4 a Section D to read as follows:
"The provisions of this Act shall not apply to incorporated municipalities having a population of less than 1500 persons as of the latest decennial census."
Mr. Hawes of the 95th moves to amend HB 687 by striking the word "unanimous" in line 20 of page 2 and add after the word "agrees" in line 20, page 2, the words "by two-thirds majority."

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

On the passage of the Bill, as amended, the ayes were 104, nays 4.

The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 687, as amended, was ordered immediately trans mitted to the Senate.
HB 537. By Mr. Lane of the 101st: A Bill to be entitled an Act to amend an Act empowering cities, towns and counties, separately or jointly, to provide, maintain and conduct supervised recreation systems; and for other purposes.

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend HB 537 by adding the fol lowing at the end of Section 2:
"provided that if a county joins in conducting and maintaining a recreation system with any school system or municipality in such county, it shall join on the same basis with every school system or municipality located in whole or in part in such county which re quests it to so join."

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

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On the passage of the Bill, as amended, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 627. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend an Act known as the "Apartment Ownership Act", so as to make the Act applicable to property which an owner or lessee submits to the provisions of the 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 782. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Paragraph 45 of Section 2 of the General Tax Act of 1935, as amended, so as to eliminate the pro vision requiring the issuance of a certificate or duplicate receipt upon payment of the tax; and for other purposes.

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

On the passage of the Bill, the ayes were 103, nays 0.

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

HB 783. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act relating to the manufac ture, sale and taxing of wine, as amended, so as to provide for the col lection of taxes imposed on wine through a revenue reporting system; and for other purposes.

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

THURSDAY, MARCH 4, 1971

2035

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 784. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act establishing a continuing capital fund from which loans to counties may be made to aid in defray ing the cost of property evaluation and equalization programs for ad valorem tax purposes, so as to provide for the removal of the mone tary limit and the termination date on the capital fund; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 785. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Paragraph 44 of Section 2 of the General Tax Act of 1935, as amended, so as to clarify the meaning of the phrase "volume of business" as it is used in said paragraph; and for other purposes.

The report 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.

HB 786. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Section 68-260 of the Code of Georgia of 1933, as amended, so as to provide for "five year license plates" in lieu of "permanent license plates", in said Act; and for other purposes.

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The report 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 3.

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

HB 582. By Messrs. Hawes of the 95th and Smith of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 105-11, relating to tortious injuries to health, so as to provide that certain injections, trans fusions, transplantings or transfer of human whole blood, blood plasma, blood products or blood derivatives, tissue, bones or organs shall be con sidered medical services; and for other purposes.
The following substitute, offered by Mr. Smith of the 3rd, was read:
A BILL
To be entitled an Act to amend the Code of Georgia, so as to provide that certain injections, transfusions, transplantings or transfers of human whole blood, blood plasma, blood products or blood derivatives, tissue, bones or organs shall be considered medical services; to provide exclusions therefor from implied warranties and liability for damages unless negligence is proven; to provide certain exclusions from the im plied warranty of merchantability and the implied warranty of fitness for a particular purpose; to provide that certain injections, transfusions, transplantings or transfers shall be considered as medical services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Code of Georgia is hereby amended by adding at the end of Code Chapter 105-11, relating to tortious injuries to health, a new Code Section to be designated as Code Section 105-1105 and to read as follows:
"105-1105. Transfusions, transplants, and transfers of human blood, tissue, organs, etc.; no implied warranties nor liability with out negligence applicable thereto.--The injection, transfusion or other transfer of human whole blood, blood plasma, blood products or blood derivatives and the transplanting or other transfer of any tissue, bones or organs into or unto the human body shall not be considered a sale of any commodity, goods, property, or product subject to sale or barter, but, instead, shall be considered as the rendition of medical services, and no implied warranties of any kind or description shall be applicable thereto, and no person, firm or corporation participating in such services shall be liable for dam ages unless negligence is proven; provided, however, that Code Section 84-924 shall not be affected hereby."

THURSDAY, MARCH 4, 1971

2037

Section 2. Said Code is further amended by adding at the end of Code Section 109A-2-316, relating to certain implied warranties, a new subsection to be designated as subsection (5) to read as follows:

"(5) The implied warranty of merchantability under Section 109A-2-314 and the implied warranty of fitness for a particular purpose under Section 109A-2-315 shall not be applicable to the pro curement, processing, storage, distribution or use of whole human blood, blood plasma, blood products, blood derivatives or other human tissue or organs for the purpose of injecting, transfusing, incor porating or transplanting any of them into the human body. The injection, transfusion or other transfer of blood, blood plasma, blood products or blood derivatives and the transplanting or other transfer of any tissue, bones or organs into or unto the human body shall not be considered, for the purpose of this Article, commodities subject to sale or barter, but shall be considered as medical services."

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

An amendment, offered by Mr. Ham of the 33rd, was read and lost. The substitute was adopted.

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, G. D. Adams, John Adams, Marvin Atherton Barfield Bell Bennett, J. T. Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss

Busbee Carr Carter Chance Chandler Chappell Cheeks Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Connell Davis, E. T. Davis, W. Dean, Gib

Dixon Drury Edwards Egan Evans Farrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Grahl Granade Grantham Greer Harrington

2038

JOURNAL OP THE HOUSE,

Harris Harrison Hawes Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lowrey Marcus Mason Matthews, C.

Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves

Roach Ross Rush
Russell, A. B. Russell, W. B. Salem Savage Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Strickland Sweat Thomason Toles Townsend Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Bennett, Tom Blackshear Bond

Brown, B. D. Dent Ham

Hill, B. L. Scarborough Shepherd

Those not voting were Messrs.:

Alexander, W. M. Alien Battle Berry Buck Clements Colwell Conger Cook Dailey Daugherty Dean, J. E. Dean, N. Dorminy

Ezzard Ployd, L. R. Gignilliat Griffin Gunter Hadaway Hamilton Hays Hood Hudson, C. M. Johnson Jones, Herb Keyton Larsen, W. W.

Logan Longino McDaniell Mulherin Patterson Patten Pickard Russell, H. P. Snow Stephens Thompson Triplett Wilson Mr. Speaker

THURSDAY, MARCH 4, 1971

2039

On the passage of the Bill, by substitute, the ayes were 143, nays 10.

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

HB 874. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend Chapter 92-33 of the Code of Georgia, relating to the payment and to the assessment and collection of income taxes, so as to provide penalties for the failure to pay and the underpayment of income taxes; and for other purposes.

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, G. D. Adams, John Adams, Marvin
Alexander, W. H. Atherton Barfield Bennett, Tom
Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Burruss
Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole

Collins, M. Collins, S. Coney, G. D.
Coney, J. L. Conger Connell Cook
Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, N. Dent
Drury Edwards Egan Evans Parrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Grantham Griffin Gunter Ham Hamilton

Harrington
Harris Harrison
Hays Hill, G.
Horton Housley Howell Hudson, Ted Hutchinson
Jessup Johnson
Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, W. W. Lee, W. S. Leggett Levitas
Lewis Logan Lowrey Marcus

2040
Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Odom Oxford

JOURNAL OF THE HOUSE,

Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Rush Russell, A. B. Russell, W. B. Salem Shepherd Sherman Sims Smith, H. R.

Smith, J. R. Smith, V. T. Sorrells Strickland Thompson Toles Townsend
Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Bennett, J. T. Granade Larsen, G. K.

Noble Ross Scarborough

Westlake

Those not voting were Messrs.:

Alexander, W. M. Alien
Battle Bell Brantley, H. H. Buck Collier Colwell
Dailey Dean, J. E. Dixon
Dorminy Ezzard
Floyd, L. R. Gignilliat Grahl

Greer Hadaway Hawes Hill, B. L. Hood
Howard Hudson, C. M. Isenberg Jones, Herb
Keyton Lee, W. J. (Bill) Longino
Mason McDonald Merritt Northcutt

Nunn
Patterson Pickard Rainey Russell, H. P.
Savage Shanahan Snow Stephens
Sweat Thomason
Triplett Wilson Mr. Speaker

On the passage of the Bill, the ayes were 142, nays 7.

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

HB 875. By Mr. Bray of the 31st: A Bill to be entitled an Act to amend Chapter 92-32 of the Code of

THURSDAY, MARCH 4, 1971

2041

Georgia, relating to the preparation and filing of income tax returns and to the furnishing of information so as to provide a different penalty for the failure to file a timely return; and for other purposes.

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

Those voting in the affirmative were Messrs.:

Adams, G. D.
Adams, John Adams, Marvin
Atherton Bennett, Tom
Black Blackshear Bohannon
Brantley, H. H. Brantley, H. L.
Bray Brown, C. Brown, S. P.
Burruss Busbee Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger Connell Cook
Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent
Dixon Edwards Egan Evans Felton Floyd, J. H.

Eraser
Gary Geisinger Grahl Granade Grantham Greer Griffin
Gunter Hadaway Ham Hamilton
Harris Harrison Hays
Hill, G. Housley Howell Hudson, Ted Hutchinson Isenberg
Jessup Johnson
Jones, J. R. King
Knight Knowles
Kreeger Lane, Dick
Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C.

Maxwell
Melton Miles Miller Morgan
Moyer Mulherin Mullinax Murphy Nessmith
Northcutt Nunn Pearce
Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach
Rush Russell, A. B. Russell, W. B.
Salem Shanahan
Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland
Sweat Thomason Thompson Toles Townsend

2042
Tripp Turner Vaughn Wamble

JOURNAL OF THE HOUSE,

Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wood

Those voting in the negative were Messrs.

Barfield Bell Bennett, J. T. Bowen Carr Carter Drury

Larsen, G. K. Mauldin McDaniell Milford Moore Noble Odom

Patten Ross Savage Scarborough Stephens

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Alien Battle Berry Bond Bostick Brown, B. D. Buck Chandler Dailey Daugherty Dean, J. E. Dorminy Ezzard Farrar

Floyd, L. R. Gaynor Gignilliat Harrington Hawes Hill, B. L. Hood Horton Howard Hudson, C. M. Jones, Herb Jordan Keyton Lambert Longino Mason

Matthews, D. R. McCracken McDonald Merritt Oxford
Patterson Phillips, G. S. Pickard Russell, H. P. Shepherd Triplett Westlake
Wilson Mr. Speaker

On the passage of the Bill, the ayes were 130, nays 29.

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

HB 876. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend Chapter 92-33 of the Code of Georgia, relating to the payment and to the assessment and collection of income taxes, so as to provide a new and different manner of apply ing interest; and for other purposes.

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

THURSDAY, MARCH 4, 1971

2043

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, G. D. Adams, John Adams, Marvin
Alexander, W. H. Alien
Atherton Barfield Bennett, J. T. Bennett, Tom
Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss
Busbee Carr Carter Chance Chandler Chappell
Cheeks Clements Cole Collier Collins, M.
Collins, S. Coney, G. D. Coney, J. L.
Conger Connell Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, J. B. Dean, N. Dent
Dixon Drury
Edwards Egan Evans Felton

Floyd, J. H. Fraser Gary Geisinger Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C.

Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles

2044
Triplett Tripp Turner Wamble

JOURNAL OF THE HOUSE,

Ware Westlake Wheeler, Bobby Whitmire

Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Battle Bell Berry Buck Colwell Cook Dailey Dorminy Ezzard Farrar

Ployd, L. K. Gaynor Gignilliat Hill, B. L. Hood Howell Longino Matthews, D. R. Merritt Miller Noble

Patterson Pickard Boss Savage Snow Thomason Townsend Vaughn Wheeler, J. A. Mr. Speaker

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

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

HB 763. By Messrs. Buck and Pearce of the 84th, Levitas of the 77th, Ross of the 26th, Noble of the 73rd, Dean of the 13th, Morgan of the 23rd and others:
A Bill to be entitled an Act to amend Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, so as to provide that a certificate of authority may be issued to certain insurers organized as business trusts; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Title 56, relating to insurance, as amended, so as to provide that a certificate of authority may be issued to an insurer organized as a business trust if such business trust otherwise meets the applicable requirements of Code Title 56, as amended; to authorize such business trusts to issue title insurance; to provide for definitions; to limit the activities of an insurer organized as a business trust to title insurance; to provide for an application for a certificate of authority by a business trust; to establish minimum net trust funds required of a business trust; to establish expendable net trust funds required of a business trust; to subject a business trust to the general provisions of Code Title 56, as amended; to provide

THURSDAY, MARCH 4, 1971

2045

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 Section 56-301, relating to definitions, is hereby amended by inserting in the definition of the term "charter", after the words "constituent document of a corporation", the following:

"declaration of trust, indenture of trust, or other basic con stituent document of a business trust,",

so that, when so amended, the definition of the term "charter" con tained in Code Section 56-301 shall read as follows:

" 'Charter' means articles of incorporation, of agreement, of association, or other basic constituent document of a corporation, declaration of trust, indenture of trust, or other basic constituent document of a business trust, subscribers', agreement and power of attorney of a reciprocal insurer, or underwriters' agreement and power of attorney of a Lloyds insurer."

Section 2. Code Section 56-303, relating to the general qualifica tions to transact insurance, is hereby amended by inserting in subsec tion (1), following the words "under this Title;" the following:

"provided, that a business trust may qualify for and hold authority to transact insurance in Georgia as provided in Code Chapter 56-22;",

so that, when so amended, subsection (1) of Code Section 56-303 shall read as follows:

"(1) To qualify for and hold authority to transact insurance in Georgia an insurer must be otherwise in compliance with the provisions of this Title and with its charter powers, and must be an incorporated stock insurer, an incorporated mutual insurer, fra ternal benefit society, hospital service nonprofit corporation, non profit medical service corporation, a farmers' mutual fire insur ance company, a Lloyds association or reciprocal insurer of the same general type as may be formed as a domestic insurer under this Title; provided, that a business trust may qualify for and hold authority to transact insurance in Georgia as provided in Code Chapter 56-22; except that no foreign or alien insurer shall be authorized to transact insurance in Georgia which does not main
tain reserves as required by Chapter 56-9 applicable to the kind or kinds of insurance transacted in the United States by such insurer."

Section 3. Code Section 56-304, relating to the kinds of insurance an insurer may transact, is hereby amended by inserting in subsection

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JOURNAL OP THE HOUSE,

(3), following the words "A title insurer shall be a", the following:

"business trust as provided in Chapter 56-22 or a",

so that, when so amended, subsection (3) of Code Section 56-304 shall read as follows:

"(3) A title insurer shall be a business trust as provided in Chapter 56-22 or a stock insurer and shall not be authorized to transact any other class of insurance, except that if immediately prior to the effective date of this Title any title insurer lawfully held a subsisting certificate of authority granting it the right to transact in Georgia additional classes of insurance other than title insurance, so long as the insurer is otherwise in compliance with this Title, the Commissioner shall continue to authorize such in surer to transact the same classes of insurance as those specified in such prior certificate of authority."

Section 4. Code Title 56, relating to insurance, is hereby amended by inserting therein a new Code Chapter to be known as Code Chapter 56-22, to read as follows:

CHAPTER 56-22 BUSINESS TRUST INSURERS

56-2201. Business trust; definition. 56-2202. Insuring powers of business trust. 56-2203. Application for certificate of authority. 56-2204. Minimum net trust funds required. 56-2205. Expendable net trust funds for new insurers. 56-2206. Other provisions applicable.

56-2201. Business Trust; Definition.--A 'business trust' shall mean an unincorporated trust organization created by and operat ing under a declaration of trust, indenture of trust, or other writ ten instrument whereby its beneficial interests are owned by mem bers or the holders of certificates of participation or shares and whereby its business affairs are managed by one or more trustees elected by such members or holders. A business trust shall not mean a trust established for the sole purpose of exercising the vot ing rights pertaining to corporate stock or other securities.

56-2202. Insuring Powers of Business Trust.--(1) A business trust, recognized by the State of its creation, shall be authorized to transact insurance in this State subject to the provisions of this Chapter.

(2) A business trust, upon qualification as provided for by this Chapter, shall be authorized only to transact title insurance.

THURSDAY, MARCH 4, 1971

2047

56-2203. Application for Certificate of Authority.-- (1) A business trust insurer, in order to obtain an original certificate of authority, shall file with the Commissioner its application therefor, showing its name, location of home office, date of organization, state of domicile, names and addresses of all trustees, the percent age of beneficial interest held by or for each trustee, the date on which the business trust began to do business, and the states in which it is admitted to do business, and such additional informa tion as the Commissioner may require, together with the following applicable documents:

(a) A copy of its declaration or indenture of trust with all amendments thereto certified by the public officer with whom the originals are on file in the state of domicile.

(b) A copy of its by-laws or regulations as amended, certified by one of the trustees.

(c) A copy of its annual statement as of December 31st last preceding in a form approved for current use by the Commissioner, and certified by two trustees.

(d) A copy of the report of the last examination, if any, made of the insurer, certified by the insurance supervisory official of its state of domicile.

(e) If a foreign or alien insurer, appointment of the Commis sioner as its attorney to receive service of legal process.

(f) If a foreign or alien insurer, a certificate of the public official having supervision of insurance in the state of domicile showing that it is authorized to transact the kinds of insurance proposed to be transacted in Georgia.

(g) If a foreign or alien insurer, certificate as to deposit if to be tendered.

(2) All such documents shall contain such provisions, and the organization of the business trust shall be in such form as the Commissioner in his discretion may require for the protection of the insurer's policyholders and the public.

56-2204. Minimum Net Trust Funds Required.--To qualify for authority to transact insurance as provided in this Chapter, a busi ness trust insurer shall possess and thereafter maintain a net trust fund of not less than $200,000.00.

56-2205. Expendable Net Tust Funds for New Insurers.--In addition to the minimum net trust funds required by this Chapter, a business trust insurer shall possess when first authorized in this State an additional net trust fund or expendable surplus of $200,000.00.

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JOURNAL OF THE HOUSE,

56-2206. Other Provisions Applicable.--Except where in con flict with the express provisions of this Chapter and the reasonable implications of such provisions, a business trust shall have all rights and powers of domestic stock insurers and shall be subject to all provisions of this Title to the extent so applicable."

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alien Battle Bell
Bennett, Tom Berry Black Blackshear Bostick Brantley, H. H. Brantley, H. L. Brown, S. P. Buck Carter Chance Chandler Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Drury Edwards Evans

Ezzard Felton Floyd, J. H. Fraser Geisinger Gignilliat Grahl Granade Greer Gunter Hadaway Ham Harris Harrison Hill, G. Hudson, C. M. Hutchinson Jessup Johnson Jones, Herb Jones, J. R.
Keyton King Knowles
Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey
Marcus Mason

Matthews, C. Maxwell McCracken Melton Miles Miller Moore Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Oxford
Patten Pearce Phillips, G. S. Pickard Pinkston Poole
Rainey Roach Rush Russell, H. P.
Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

THURSDAY, MARCH 4, 1971

2049

Smith, V. T. Snow Sweat Thompson Toles

Triplett Tripp Turner Wamble Westlake

Whitmire Williams Wood

Those voting in the negative were Messrs.

Adams, G. D. Atherton
Bennett, J. T. Burruss Busbee Colwell
Coney, J. L. Dean, N. Egan
Gary Grantham

Griffin Housley Howard Hudson, Ted Knight
Kreeger Lambert Lane, Dick Matthews, D. R. Mauldin McDaniell

Mullinax Murphy
Peters Phillips, W. R.
Reaves Salem Sorrells Strickland Vaughn Wheeler, Bobby Wilson

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Barfield Bohannon
Bond Bowen Bray Brown, B. D. Brown, C. Carr Chappell
Conger Cook Dailey Daugherty Dorminy

Farrar Floyd, L. R. Gaynor Hamilton
Harrington Hawes Hays
Hill, B. L. Hood Horton Howell
Isenberg
Jordan Lane, W. J. Larsen, W. W. Longino

McDonald Merritt Milford Patterson Phillips, L. L. Potts Ross Russell, A. B. Russell, W. B. Stephens Thomason Townsend Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 115, nays 33.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 221. By Messrs. Keyton and Russell of the 70th, Cheeks of the 78th and Collins of the 62nd:
A Bill to be entitled an Act to amend an Act relating to the giving of security by the owners and operators of certain motor vehicles, so as to provide that no license of an operator or the registration of

2050

JOURNAL OF THE HOUSE,
the owner shall be suspended until the Director of the Department of Public Safety shall receive notification that there is an unsatisfied judgment against said party arising out of an accident covered by the provisions of said Act; and for other purposes.

The following substitute, offered by Messrs. Keyton of the 70th and Collins of the 62nd, was read and adopted:
A BILL
To be entitled an Act to amend an Act relating to the giving of security by the owners and operators of certain motor vehicles, ap proved February 21, 1951 (Ga. Laws 1951, p. 565), as amended, so as to provide that no security shall be required of an operator or owner of a motor vehicle if the report of the investigating officer disclosed that such an owner or operator was in no way responsible for the accident; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act relating to the giving of security by the owners and operators of certain motor vehicles, approved February 21, 1951 (Ga. Laws 1951, p. 565), as amended, is hereby amended by adding at the end of Section 6 the following:
"5. To the owner or operator of a motor vehicle when the report of the investigating officer reveals that the owner or operator of such motor vehicle was in no way responsible for the accident, until and unless a final judgment is obtained against such operator or owner."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alien Atherton

Bell Bennett, Tom Berry Black Blackshear

Bohannon Bond Bostick Bowen Brantley, H. H.

Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dixon Drury
Edwards
Egan
Felton
Fraser
Gary
Geisinger
Granade
Grantham
Greer
Griffin
Gunter
Hadaway
Hamilton
Harrington
Harris
Harrison
Hays

THURSDAY, MARCH 4, 1971

2051

Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lar-sen, W. W. Lee, W. J. (Bill) Leggett Lewis Logan Lowrey Marcus
Matthews, C.
Matthews, D. R.
Mauldin Maxwell
McCracken
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer
Mulherin
Mullinax
Murphy

Nessmith Noble Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Reaves Roach Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells
Strickland
Sweat
Thompson
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Wilson
Wood

Those voting in the negative were Messrs.:

Adams, Marvin Dean, N. Ham

Larsen, G. K. Lee, W. S. Phillips, W. R.

Smith, J R. Williams

2052

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Barfield Battle
Bennett, J. T. Bray Brown, B. D. Chance Colwell Dailey Dean, Gib Dorminy Evans Ezzard

Parrar Floyd, J. H. Floyd, L. R.
Gaynor Gignilliat Grahl Hawes Hood Howell Jordan Levitas Longino Mason

McDonald Northcutt Patterson
Pickard Potts Rainey Russell, A. B. Russell, W. B. Stephens Thomason Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 149, nays 8.

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

HB 422. By Messrs. Nunn of the 41st, Pinkston of the 81st and Knowles of the 22nd:
A Bill to be entitled an Act to amend Code Section 59-7 of the Code of Georgia, relating to juries, so as to authorize the judge, in his discre tion, to allow the dispersion of the jury during the trial of criminal and civil cases; and for other purposes.

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:

..,!! ^H

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Berry Black Bohannon

Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter

Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Colwell Coney, G. D. Coney, J. L.

Conger Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Egan Evans Farrar Pelton Floyd, J. H. Fraser Geisinger Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson

THURSDAY, MARCH 4, 1971

2053

Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patten

Pearce Peters Phillips, L. L. Pickard Pinkston Poole Potts Reaves Roach Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thompson Toles Townsend Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Wilson Wood

Those voting in the negative were Messrs.

Bennett, Tom Hamilton Hill, B. L.

Moore Odom Ross

Williams

Those not voting were Messrs.:

Alexander, W. H. Alien Battle Blackshear Bond

Bray Brown, B. D. Chance Collins, M. Dailey

Daugherty Dorminy Ezzard Floyd, L. R. Gary

2054
Gaynor Gignilliat Grahl Hawes Hood Horton Jones, Herb Jordan

JOURNAL OF THE HOUSE,

Longino Mason McCracken Merritt Patterson Phillips, G. S. Phillips, W. R. Rainey

Russell, A. B. Strickland Thomason Triplett Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 7.

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

HB 827. By Messrs. Connell and Dent of the 79th:
A Bill to be entitled an Act to authorize any county or municipality to adopt ordinances relative to the removal and disposal of certain discarded, dismantled, wrecked, scrapped, ruined or junked motor vehicles; and for other purposes.

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, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond
Brown, C. Brown, S. P. Buck Burruss Busbee Carr

Carter Chance Chandler Chappell Cheeks Clements Cole Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty
Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

Drury Edwards Evans Farrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Granade Grantham Greer Griffin
Gunter Ham Hamilton Harrington Harris Harrison

THURSDAY, MARCH 4, 1971

2055

Hays Hill, G. Hood Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus

Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts

Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Sweat Thomason Thompson Toles Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Battle Blackshear Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Collier Collins, M. Cook Dailey Dixon Dorminy

Egan Ezzard Floyd, L. R. Gignilliat Grahl Hadaway Hawes Hill, B. L. Horton Howell Hudson, C. M. Longino Mason McDonald Northcutt

Patterson Pinkston Rainey Russell, A. B. Sherman Sorrells Strickland Townsend Triplett Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 0.

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

2056

JOURNAL OP THE HOUSE,

HB 398. By Mr. Cook of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that persons pleading nolo contendere for driving under the influence shall have their drivers' licenses suspended for 30 days and other punishment as the judge may deem appropriate; and for other purposes.

The following Committee amendment was read:
The Committee on Motor Vehicles moves to amend HB 398 as follows:
By inserting immediately after the word "contendere" on line 6 the following:
"for the second or any subsequent time".
By inserting after the word "contendere" on line 20 the following: "for the second or any subsequent time".
By inserting after the word "contendere" on line 25 the following: "for the second or any subsequent time".

An amendment to the Committee amendment, offered by Mr. Alexander of the 108th, was read and lost.

The following amendment to the Committee amendment was read:
Mr. Alexander of the 108th moves to amend the Committee amend ment to HB 398 by adding on lines 20 and 25 after the word "time" the words "within a period of 3 years immediately preceding the offense."

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, W. H. Alexander, W. M. Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brown, B. D.

Brown, S. P. Chappell Cheeks Collier Collins, M. Collins, S. Coney, G. D. Conger Connell Daugherty

Davis, E. T. Dean, Gib Dent Dorminy Edwards Evans Parrar Pelton Geisinger Griffin

Hadaway Hamilton Hays Hill, B. L. Horton Housley Howard Hudson, C. M. Hudson, Ted Isenberg Jessup Jones, J. R. King Knowles Lane, Dick

THURSDAY, MARCH 4, 1971

2057

Larsen, W. W. Leggett Levitas McDaniell McDonald Miles Miller Moore Morgan Mulherin Oxford Pearce Peters Phillips, G. S. Phillips, W. R.

Pickard Ross Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Sherman Smith, H. R. Smith, J. R. Thompson Tripp Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Battle Bell Brantley, H. L. Bray Brown, C. Busbee Can-
Carter Chandler Clements Cole Colwell Coney, J. L. Cook Davis, W. Dean, N. Dixon Drury Egan Floyd, J. H. Gary Gaynor Gignilliat

Granade Grantham
Greer Gunter Ham Harrington Harris Harrison
Hawes Hill, G.
Howell Hutchinson Johnson Jones, Herb Jordan Knight Lambert
Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey
Mason Matthews, D. R.
Mauldin Maxwell Melton Milford

Moyer Mullinax Murphy
Nessmith Noble
Northcutt Nunn
Odom Patten Phillips, L. L.
Potts Rush
Russell, A. B. Salem Sims Smith, V. T. Snow Sorrells
Stephens Toles Townsend
Triplett Turner Vaughn Wamble Westlake Whitmire Williams

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bowen Buck

Burruss Chance Dailey
Dean, J. E. Ezzard

Floyd, L. R. Fraser Grahl
Hood Keyton

2058
Lane, W. J. Lewis Longino Marcus Matthews, C. McCracken Merritt

JOURNAL OF THE HOUSE,

Patterson Pinkston Poole Rainey Reaves Roach Shepherd

Strickland Sweat Thomason Ware Wheeler, Bobby Wood Mr. Speaker

On the adoption of the amendment to the Committee amendment, the ayes were 74, nays 84.

The amendment was lost.

The Committee amendment was adopted.

Mr. Pearce of the 84th moved that the House reconsider its action in adopt ing the Committee amendment.

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

Those voting in the affirmative were Messrs.

Alexander, W. H. Alexander, W. M. Barfield Battle Bennett, J. T. Bennett, Tom Berry Black Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Buck Chandler Chappell Cheeks Clements Collier Collins, M. Coney, J. L. Conger Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dixon

Dorminy Edwards Farrar Felton Gaynor Gignilliat Grantham Greer Griffin Gunter Hadaway Hamilton Harrington Hays Hill, B. L. Horton Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson King Knowles Lambert Lane, Dick Lane, W. J. Larsen, W. W. Logan

Marcus Mason Maxwell McDaniell Milford Miller Moore Morgan Moyer Mulherin Nessmith Pearce Peters Phillips, W. R. Pickard Pinkston Poole Ross Scarborough Shanahan Sherman Smith, H. R. Smith, J. R. Snow Sweat Thompson Triplett Wheeler, J. A.

THURSDAY, MARCH 4, 1971

2059

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Bell Blackshear Bohannon Bray Brown, C. Busbee Carr Cole Collins, S. Colwell Connell Cook Davis, W. Drury Egan Gary Geisinger Granade Harrison

Hawes Hill, G. Housley Howard Jones, Herb Jones, J. R. Jordan Keyton Knight Kreeger Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lowrey Matthews, C. Matthews, D. R. Mauldin McDonald Melton Miles Mullinax Murphy

Noble Odom Oxford Patten Potts Reaves Rush Russell, A. B. Salem Smith, V. T. Sorrells Stephens Thomason Toles Townsend Tripp Turner Vaughn Wamble Westlake Whitmire Williams Wilson

Those not voting were Messrs.:

Bostick Bowen Burruss Carter Chance Coney, G. D. Dailey Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Grahl

Ham Harris
Hood Howell Lewis Longino McCracken Merritt
Northcutt Nunn Patterson Phillips, G. S. Phillips, L. L.

Rainey Roach Russell, H. P. Russell, W. B.
Savage Shepherd Sims Strickland
Ware Wheeler, Bobby
Wood Mr. Speaker

On the motion, the ayes were 86, nays 71.

The motion prevailed and the House reconsidered its action in adopting the Committee amendment to HB 398.

The following amendment to the Committee amendment was read:
Mr. Pearce of the 84th moves to amend the Committee amendment to HB 398 by adding the words "within a 2 year period" between the words "contendere" and "shall" on line 25 of page 1.

2060

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Alexander, W. H. Bennett, Tom
Berry Black Bohannon Bond Brantley, H. L. Brown, B. D. Brown, S. P. Buck Carter Clements Collins, M. Coney, J. L. Daugherty Davis, E. T. Dean, Gib Dent Dixon Dorminy Edwards Farrar Felton

Griffin Hadaway Ham Harrison Horton Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Keyton King Knowles Levitas Marcus
Matthews, C. McDaniell Miles Milford Miller Moore

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Barfield Battle Bell Bennett, J. T. Blackshear Brantley, H. H. Bray Brown, C. Busbee Carr Chappell Cheeks Cole Collier Collins, S. Colwell Coney, G. D. Connell

Cook Davis, W. Drury Egan Evans Fraser Gary Gaynor Gei singer Gignilliat Granade Grantham Greer Gunter Harris Hawes Hays Hill, G.
Housley Jones, Herb Jones, J. R. Jordan Knight

Morgan Moyer Murphy Nessmith Northcutt Nunn Oxford Pearce Phillips, W. R. Pickard Pinkston Reaves Roach Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Sherman Snow Sweat Thomason Thompson Wheeler, J. A.
Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. S. Leggett Logan Lowrey Mason Matthews, D. R. Mauldin Maxwell McDonald Melton Mullinax Noble Odom Patten Peters Phillips, G. S. Poole Potts Rush

THURSDAY, MARCH 4, 1971

2061

Salem Shanahan Smith, H. R. Smith, J. R. Smith, V. T. Sorrells

Toles Townsend Triplett Tripp Turner Vaughn

Wamble Westlake White-lire Williams Wilson

Those not voting were Messrs.:

Alexander, W. M. Bostick Bowen Burruss Chance Chandler Conger Dailey Dean, J. E. Dean, N. Ezzard Floyd, J. H. Floyd, L. R. Grahl

Hamilton Harrington Hill, B. L. Hood Howell Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lewis Longino McCracken Merritt Mulherin Patterson

Phillips, L. L. Rainey Ross Savage Shepherd Sims Stephens Strickland Ware Wheeler, Bobby Wood Mr. Speaker

On the adoption of the amendment to the Committee amendment, the ayes were 69, nays 86.

The amendment was lost. The Committee amendment was adopted. An amendment, offered by Mr. Scarborough of the 81st, was read and lost.

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, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle

Bell Bennett, J. T. Bohannon Bond Brantley, H. L. Bray Brown, C. Brown, S. P.

Busbee Carr Carter Chappell Cheeks Cole Collier Collins, S.

2062
Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dixon Drury Egan Felton Gary Gaynor Geisinger Gignilliat Granade Grantham Gunter Ham Harrington Harris Hawes Hill, G. Horton Housley Isenberg Jessup

JOURNAL OP THE HOUSE,

Jones, Herb Jones, J. R. Jordan Knight Knowles Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey Marcus Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Miller Moore Mover Mullinax Noble Nunn Odom

Oxford Patten Peters Phillips, W. R. Potts Rush Russell, A. B. Salem Shanahan Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat Toles Townsend Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson

Those voting in the negative were Messrs.

Alexander, W. H. Bennett, Tom Berry Black Blackshear Brown, B. D. Buck Collins, M. Conger Daugherty Dean, J. E. Dean, N. Dent Dorminy Farrar Fraser

Griffin Harrison Hays Hill, B. L. Howard Hudson, C. M. Hudson, Ted Hutchinson Johnson Keyton King Lane, W. J. Levitas Mason Matthews, C. Miles

Morgan Murphy Pearce Phillips, G. S. Pickard Pinkston Reaves Ross Russell, H. P. Russell, W. B. Scarborough Sherman Stephens Thomason Thompson

Those not voting were Messrs.:

Bostick Bowen Brantley, H. H. Burruss Chance

Chandler Clements Colwell Dailey Edwards

Evans Ezzard Floyd, J. H. Grahl Floyd, L. R.

Greer Hadaway Hamilton
Hood Howell
Lambert Larsen, W. W. Lewis
Longino McCracken

THURSDAY, MARCH 4, 1971

2063

McDaniell Milford Mulherin Nessmith Northcutt Patterson Phillips, L. L. Poole Rainey Roach

Savage Shepherd Sims
Strickland Ware Wheeler, Bobby
Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 105, nays 47.

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

Mr. Williams of the llth moved that HB 398, as amended, 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, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Black Bohannon Bond Bray Brown, C. Brown, S. P. Busbee Carr Carter Cheeks Collier Coffins, S. Coney, G. D. Coney, J. L. Connell Cook

Davis, E. T. Davis, W. Dean, Gib Dixon Drury Egan Felton Gary Gaynor Geisinger Gignilliat Granade Grantham Gunter Hamilton Harrington Harris Hawes Hays Hill, G. Horton Housley Howard Isenberg Jessup Jones, Herb

Jordan Knight Kreeger Lane, Dick
Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.
Leggett Logan Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McDonald
Melton Merritt Milford Moore Mullinax
Noble Northcutt Nunn Odom Oxford

2064
Patten Peters Phillips, W. B. Potts Rush Russell, A. B. Salem Shanahan Smith, H. R.

JOURNAL OF THE HOUSE,

Smith, J. R.
Smith, V. T. Sorrells
Sweat Toles Townsend Triplett Tripp Turner

Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson

Those voting in the negative were Messrs.

Alexander, W. H. Bennett, Tom Berry Blackshear Brown, B. D. Buck Chappell
Cole Collins, M. Conger Daugherty Dean, N. Dorminy Farrar Fraser Griffin

Hadaway Ham Harrison Hudson, C. M. Hudson, Ted Hutchinson Johnson Keyton King Knowles Lane, W. J. Levitas Matthews, C. Miles Miller Morgan

Moyer Murphy Pearce Phillips, G. S. Pickard
Pinkston Reaves
Ross Russell, H. P. Russell, W. B. Scarborough Sherman
Stephens Thomason Thompson

Those not voting were Messrs.:

Bostick Bowen Brantley, H. H. Brantley, H. L. Burruss Chance Chandler Clements Colwell Dailey Dean, J. E. Dent Edwards Evans Ezzard

Floyd, J. H. Floyd, L. R. Grahl Greer Hill, B. L. Hood Howell Jones, J. R. Lambert Larsen, W. W. Lewis Longino McCracken McDaniell Mulherin

Nessmith Patterson Phillips, L. L. Poole
Rainey Roach Savage Shepherd Sims
Snow Strickland
Ware Wheeler, Bobby
Wood Mr. Speaker

On the motion, the ayes were 103, nays 47.

The motion prevailed and HB 398, as amended, was ordered immediately transmitted to the Senate.

THURSDAY, MARCH 4, 1971

2065

HB 399. By Mr. Cook of the 95th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to provide that in the event an operator shall enter a plea of nolo contendere for driving under the influence the Director of the Department of Public Safety shall suspend his operator's license for not less than 30 days; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, approved February 21, 1951 (Ga. Laws 1951, p. 565), as amended, particularly by an Act approved March 4, 1964 (Ga. Laws 1964, p. 225), and an Act ap proved March 27, 1968 (Ga. Laws 1968, p. 430), so as to provide that in the event an operator shall enter a plea of nolo contendere for the second or any subsequent time for driving a motor vehicle while under the influence of intoxicating liquors or drugs, it shall be mandatory upon the Director of the Department of Public Safety to treat the said operator's license in the same manner as though the operator had pleaded guilty or had been convicted of violating certain specified offenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for the giving of security by owners and operators of motor vehicles, approved February 21, 1951 (Ga. Laws 1951, p. 565), as amended, particularly by an Act approved March 4, 1964 (Ga. Laws 1964, p. 225), and an Act approved March 27, 1968 (Ga. Laws 1968, p. 430), is hereby amended by adding to the end of the first unnumbered paragraph of Section 7-A, the following:
"Provided, however, in the event an operator shall enter a plea of nolo contendere for the second or any subsequent time for driv ing a motor vehicle while under the influence of intoxicating liquors or drugs, it shall be mandatory upon the Director to treat said operator's license in the same manner as though said operator had pleaded guilty or had been convicted of any of the offenses itemized in this Section.",
so that when so amended said Section shall read as follows:
"Section 7-A. Upon conviction or plea of guilty or forfeiture of bond of any of the following offenses of an operator by or in any court it shall be mandatory upon the Director to revoke said operator's license for a period of one year, effective as of the date of such disposition: (1) Manslaughter, voluntary or involuntary, (or negligent homicide) resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of

2066

JOURNAL OF THE HOUSE,

intoxicating liquors or drugs; (3) Any felony in the commission of which a motor vehicle is used; (4) Failure to stop and render aid as required under the laws of this State, hit and run, or leav ing the scene of an accident as specified by the laws of this State; (5) Perjury or the making of a false affidavit or statement under oath to the Department of Public Safety under this Act or the law relating to drivers' licenses, or under any other law relating to the ownership or operation of motor vehicles; Transporting contraband or stolen goods. Provided, however, in the event an operator shall enter a plea of nolo contendere for the second or any subsequent time for driivng a motor vehicle while under the influence of in toxicating liquors or drugs, it shall be mandatory upon the Direc tor to treat said operator's license in the same manner as though said operator had pleaded guilty or had been convicted of any of the offenses itemized in this Section.

The Director may, after the expiration of thirty (30) days from the date of conviction, reinstate the license of an operator whose license has been revoked under the above provisions only in the event said operator has qualified as required in this Act as a self-insurer, or produces evidence to the Director that he has quali
fied as required in this Act as a self-insurer, or produces evidence to the Director that he has obtained a policy of liability insurance, issued by a company authorized to do business in this State, or produces evidence that he has obtained a surety bond from a surety company authorized to do business in this State, except that no license shall be reinstated to a person whose license has been revoked three times for cause. It is further provided that the Director may accept proof of financial responsibility given by the owner of a motor vehicle on behalf of a member of the immediate family residing in the home of such owner in order to permit such operator to operate motor vehicles for which the owner has given proof as herein provided, and an employer may furnish proof of financial responsibility on behalf of an employee operator and qualify such operator to operate motor vehicles for which proof is given by employer as herein provided. The acceptance of such proof, given by an owner or employer, by the Director is subject to the provisions that such proof as given must meet the require ments as set forth herein and cover the operator while operating motor vehicles of the owner or employer. If the operator is only qualified to operate motor vehicles for an owner or employer, such restriction shall be designated by the Director on the license of the operator. The liability insurance policy shall provide for payment of not less than ten thousand dollars ($10,000.00) because of bodily injury to, or death of one person in any one accident, and not less than twenty thousand dollars ($20,000.00) because of bodily injury to, or death of two or more persons in any one accident and to a limit of not less than five thousand dollars ($5,000.00) because of injury to or destruction of property of others in any one accident.
If the operator prefers to place a surety bond in lieu of the above described liability policy, said bond shall cover the same amounts as set out above. It is further provided that upon an insurance company filing a certification of an insurance policy or a surety company filing a surety bond with the Director in order for the operator to show the proof required herein, such bond or certifica tion cannot be cancelled within a period of twelve (12) months from

THURSDAY, MARCH 4, 1971

2067

the effective date of such certification or bond except for a sub sequent conviction for some revocable offense as set forth in sub section (a) of this Section with the provision that the Director shall be given at least twenty (20) days prior written notice of such cancellation. The Director may, in his discretion, permit the cancellation of such certification or bond for other cause made known to and approved by him. If the Director is convinced that said operator does not have the above described financial responsi bility coverage any time during a period of at least one (1) year following the conviction, plea of guilty or forfeiture of bond of said operator of any of the above offenses, it shall be the duty of said Director to immediately revoke the license of the operator
involved."

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, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bennett, J. T. Bohannon Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Burruss Busbee Carr Chappell Cheeks Clements Collier Collins, S. Coney, G. D. Coney, J. L. Connell Cook

Davis, E. T. Davis, W. Dean, Gib Dent Dixon Drury Felton Floyd, J. H.
Gary Gaynor Geisinger Gignilliat Granade Grantham Gunter
Ham Harrington Harris Hawes Hays Hill, G. Housley Howard
Hutchinson Isenberg Jessup

Johnson Jones, Herb Jones, J. R. Jordan Knight Knowles Kreeger
Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Lowrey
Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald
Melton Merritt Miles Milford Moore

2068
Morgan Moyer Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patten Peters Pinkston Potts

JOURNAL OF THE HOUSE,

Reaves Roach Rush Russell, A. B. Salem Shanahan Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat

Toles Townsend Triplett Tripp Turner Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson

Those voting in the negative were Messrs.

Alexander, W. H. Bennett, Tom Bray Brown, B. D. Conger Daugherty Dorminy Fraser Hadaway

Harrison Hill, B. L. Horton Hudson, C. M. Hudson, Ted Keyton King Levitas Mason

Murphy
Pearce Russell, H. P.
Russell, W. B. Scarborough
Stephens Thomason Thompson

Those not voting were Messrs.:

Bell Berry Black Blackshear Bond Bostick Bowen Buck Carter Chance Chandler Cole Collins, M. Colwell Dailey Dean, J. E. Dean, N. Edwards

Egan Evans Ezzard Farrar Floyd, L. R. Grahl Greer Griffin Hamilton Hood Howell Lambert Lane, W. J. Larsen, W. W. Lewis Longino McCracken Miller

Mulherin Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Rainey Ross Savage Shepherd Sims Strickland Vaughn Ware Wheeler, Bobby Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 115, nays 26.

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

THURSDAY, MARCH 4, 1971

2069

Mr. Cook of the 95th moved that HB 399, 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, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Black Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Busbee Carr Chappell Cheeks Clements Collier Collins, S. Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dixon Dorminy Drury Edwards Felton Gary Gaynor Gei singer Grantham

Gunter Hadaway Hamilton Harrington Harris Hawes Hays Hill, G. Housley Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S Leggett Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles

Those voting in the negative were Messrs.:

Alexander, W. H. Bell Bennett, Tom Blackshear Brown, B. D.

Daugherty Fraser Ham Harrison Hill, B. L.

Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Oxford Patten Peters Pinkston Potts Reaves Roach Rush Russell, A. B. Salem Shanahan Sherman Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Sweat Toles Townsend Triplett Tripp Turner Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson
Hudson, C. M. King Ross Russell, H. P. Scarborough

2070

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bennett, J. T. Berry Bond Bostick Bowen Buck Burruss Carter Chance Chandler Cole Collins, M. Colwell Conger Dailey Dean, J. E. Dean, N. Dent Egan Evans Ezzard Parrar

Floyd, J. H. Floyd, L. R. Gignilliat Grahl Granade Greer Griffin Hood Horton Howard Howell Keyton Knowles Lane, W. J. Larsen, W. W. Levitas Lewis Longino McCracken Miller Noble Odom

Patterson Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Rainey Russell, W. B. Savage Shepherd Sims Snow Stephens Strickland Thomason Thompson Vaughn Ware Wheeler, Bobby Wood Mr. Speaker

On the motion, the ayes were 114, nays 15.

The motion prevailed and HB 399, by substitute, was ordered immediately transmitted to the Senate.

HB 560. By Messrs. Gunter and Moore of the 6th, Farrar of the 77th, Mauldin of the 12th, Chandler of the 34th and Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, as amended, so as to provide that inmate trainees shall not be prohibited from repairing or otherwise utilizing privately owned vehicles or other equipment in their training; and for other purposes.

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

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

THURSDAY, MARCH 4, 1971

2071

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear
Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy
Drury
Egan
Ezzard
Felton

Fraser Gary Gaynor Geisinger Gignilliat Grantham Griffin Gunter
Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G.
Horton Housley Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Kreeger
Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Lowrey Marcus Matthews, C. Mauldin
McDaniell
McDonald
Melton
Merritt

Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Oxford Patten Pearce Peters Phillips, W. R. Pinkston Poole Potts Reaves Rush Russell, A. B. Russell, H. P.
Salem Scarborough Shanahan Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner
Wamble Westlake Wheeler, J. A. Whitmire
Williams
Wilson
Wood

Voting in the negative was Mr. Ross.

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Those not voting were Messrs.:

Barfield Bostick Bowen Brown, S. P. Buck Carter
Colwell Cook Dailey Dean, N.
Edwards Evans Farrar Floyd, J. H. Floyd, L. R. Grahl

Granade Greer Hood Howard Howell King
Knowles Lambert Lewis Longino
Mason Matthews, D. R. Maxwell McCracken Miller Murphy

Odom Patterson Phillips, G. S. Phillips, L. L. Pickard Rainey
Roach Russell, W. B. Savage Shepherd
Sims Strickland Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 1.

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

HB 139. By Messrs. Grantham of the 55th, Wheeler of the 57th, Drury of the 66th and Sweat of the 65th:
A Bill to be entitled an Act to provide an expense allowance for the operation of the office of the District Attorney of the Waycross Judicial Circuit; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide for a secretary for the District Attorney of the Waycross Judicial Circuit; to provide for her compen sation; to provide for the amount to be paid by each county within said circuit; to provide that the governing authority of each county will make provisions for said expense; to provide for specific repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The District Attorney for the Waycross Judicial Cir cuit shall be authorized to employ a secretary to be compensated not less than $3,600.00 nor more than $5,200.00 per annum, to be deter mined by the District Attorney. Upon written notice to the Boards of Commissioners of Ware, Coffee, Pierce, Bacon, Brantley and Charlton

THURSDAY, MARCH 4, 1971

2073

County, the amount determined by the District Attorney to be fair and just compensation for such secretary, shall become an obligation of such counties, to be paid from the funds of such counties in equal monthly installments in the following percentages:
Ware County _-..-..-_.___--_-._._--__..--...___-39.22 %
Coffee County _-,,__.___,,.____,,.____.______...___._._.___.26.70%
Pierce County ......___--.__________.__10.86%
Bacon County ......._...._.._..--___.___._.._._ 9.63%
Brantley County ........__,,........_..._...__...._..... 6.95%
Charlton County ..._...___.-__--_--.____-_____-6.64 %

Section 2. It is hereby made the duty of the governing authority of each of the aforesaid counties to cause the amount assessed against each such county to be paid to said District Attorney on the first day of each month out of the funds of each county. The governing author ity of each of said counties shall make provision annually, in levying taxes for the expenses of each such county, for the levying and col lection of sufficient taxes to pay the portion of said expense allowance chargeable against each respective county, and, in addition thereto, sufficient funds to furnish to the District Attorney, free of charge, all other expenses connected with the operation of the District Attorney's office, with the exception of those items specifically covered by the ex pense allowance provided for in Section 1.

Section 3. An Act placing the Solicitor General of the Waycross Judicial Circuit on a salary basis in lieu of a fee basis, approved August 20, 1917 (Ga. Laws 1917, p. 299) as amended, is hereby re pealed and all Acts amendatory thereof are likewise hereby repealed. Any other Acts relating specifically and only to the Solicitor General or the District Attorney of the Waycross Judicial Circuit covering salary and allowances are likewise hereby repealed.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the substitute was read and adopted:
Messrs. Grantham of the 55th and Dixon of the 65th move to amend the substitute to HB 139 by placing a period after the word "county" on line 10 of page 2 and striking the remaining portion of Section 2.

The 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.

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JOURNAL OP THE HOUSE,

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, G. D. Adams, John
Adams, Marvin
Alexander, W. H. Alexander, W. M.
Alien
Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom Black Blackshear Bohannon
Bond Bostick Bowen Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Burruss
Busbee Carter Chance Chandler Cheeks
Clements Cole Collier
Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W.
Dean, Gib Dean, J. E. Dean, N. Dent
Dixon Dorminy
Edwards Egan Farrar Pelton

Floyd, J. H. Gary Gaynor Gignilliat Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell

McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patten Peters Phillips, W. R. Pinkston Potts Reaves Roach Ross Rush Russell, H. P. Salem Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Sweat Thompson Toles Townsend Triplett Tripp Turner Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

THURSDAY, MARCH 4, 1971

2075

Those not voting were Messrs.:

Berry Buck Carr Chappell Collins, S. Colwell Dailey Drury Evans Ezzard Floyd, L. R. Praser Geisinger Grahl

Greer Hood Howell Larsen, W. W. Longino McCracken McDaniell
Patterson Pearce Phillips, G. S. Phillips, L. L. Pickard Poole Rainey

Russell, A. B. Russell, W. B. Savage Shepherd Sherman Smith, V. T. Strickland Thomason Vaughn
Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 265. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "State Department of Air Transportation Act", so as to change the qualifica tions of the director; and for other purposes.
The following substitute, offered by Mr. Busbee of the 61st, was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "State Depart ment of Air Transportation Act", approved March 8, 1968 (Ga. Laws 1968. p. 130), as amended by an Act approved April 25, 1969 (Ga. Laws 1969. p. 673), so as to create the office of Administrator of Records and Personnel; to authorize the Board to fix his compensation with the advice and consent of the Governor; to provide for his powers and duties; to abolish the office of the Director; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "State Department of Air Trans portation Act", approved March 8, 1968 (Ga. Laws 1968, p. 130), as amended by an Act approved April 25, 1969 (Ga. Laws 1969, p. 673), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6, to read as follows:

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JOURNAL OF THE HOUSE,

"Section 6. The Board shall appoint the Administrator of Records and Personnel of the Department and fix his compensa tion with the advice and consent of the Governor. The Administra
tor shall serve at the pleasure of the Board. The Administrator shall assist the Board in the performance of its powers and duties, and the Board shall provide and supervise the operation of the Department in accordance with the policies and directives estab lished by the Board."

Section 2. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12, to read as follows:

"Section 12. All personnel, except the Administrator, employed by the Department shall be governed by the rules of position classification, appointment, promotion, demotion, dismissal, trans fer, qualifications, compensation, seniority privileges, tenure and other employment standards established by an Act creating the State Board of Personnel Administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as now or hereafter amended."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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, G. D. Adams, John Adams, Marvin
Alexander, W. H. Alien
Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom Berry Blackshear Bostick Brantley, H. L. Bray

Brown, B. D. Brown, C. Brown, S. P.
Busbee Carr
Carter Chance Chappell Cheeks
Cole Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty

Davis, E. T. Davis, W. Dean, J. E.
Dean, N. Dent
Dixon Dorminy Drury Edwards
Egan Farrar Fraser Gary Gaynor Geisinger Gignilliat

THURSDAY, MARCH 4, 1971

2077

Grantham
Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan
Keyton King Knight Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Leggett
Levitas Logan Lowrey Marcus Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt
Miles Milford Miller Moore Morgan Moyer Mullinax Murphy Noble Northcutt Nunn
Odom Oxford Patten Pearce Peters Phillips, W. R. Pinkston

Potts Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Scarborough Sherman
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat
Thomason Thompson Toles Townsend Tripp Turner Wamble Westlake Whitmire Williams Wilson

Those voting in the negative were Messrs.:

Alexander, W. M.

Collins, S.

Those not voting were Messrs.:

Black Bohannon Bond Bowen Brantley, H. H. Buck Burruss Chandler Clements Collier Collins, M. Colwell Dailey Dean, Gib Evans Ezzard Felton Floyd, J. H. Ployd, L. R.

Grahl Granade
Greer Griffin Gunter Hawes Hood Howell Knowles Lambert Lane, Dick Lewis Longino
Mason Matthews, D. R. McCracken Mulherin Nessmith

Johnson
Patterson Phillips, G. S. Phillips, L. L. Pickard Poole Russell, A. B. Savage Shanahan Shepherd Stephens Strickland Triplett Vaughn Ware Wheeler, Bobby Wheeler, J. A. Wood Mr. Speaker

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JOURNAL OP THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 137, nays S.

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

Mr. Lewis of the 37th requested the following communication appear in the Journal:
House of Representatives Atlanta, Georgia
March 4, 1971
Honorable George L. Smith Speaker, House of Representatives State Capitol Atlanta, Georgia
Mr. Speaker:
My uncle, W. H. Powell of Waynesboro, Georgia, passed away this date and his funeral is to be held in Waynesboro tomorrow.
I respectfully request a leave of absence on said date for the purpose of attending his funeral.
Respectfully submitted /s/ Preston B. Lewis, Jr.
Representative, District 37
PBL:de

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.

Journal of the House of Representatives 1971 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.