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 II

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
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 II
1971 ATLANTA, GA.

OFFICERS
OP 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 ....................... . ..

.........

RABUN COUNTY

-Assistant Clerk

JANETTE HIRSCH ......... - ............................... ....... -Assistant Clerk
FULTON COUNTY

AMELIA SMITH .............

... .. ................... .Assistant Clerk

FULTON COUNTY

ELMORE C. THRASH .. .. ... .......... ...... .......... ....Messenger
LOWNDES COUNTY

MARION TOMS . _

.....

..__...._._.._..__. Doorkeeper

QUITMAN COUNTY

FRIDAY, MARCH 5, 1971

2081

Representative Hall, Atlanta, Georgia Friday, March 5, 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 Speaker presented Mr. Russell of the 14th who delivered the following introductory remarks thereby presenting his brother, Dr. Henry Edward Russell, Pastor of the Second Presbyterian Church, Memphis, Tennessee, who offered the morning prayer:
Mr. Speaker and all within reach of my voice
My job this morning makes me feel happy, easy, privileged, and proud.
I shall be as brief and succinct as the subject allows. When you see and hear this man, you will recognize how trite anything I say will become.
Our Chaplain today was born September 26, 1909, 12 months and three weeks before I was, at my Mother and Father's home at Russell, Georgia, near Winder. This is how he is the first man I ever knew and perhaps the longest to be remembered.
He was educated in the Winder Public Schools, Davidson College A.B. degree, University of Georgia M.A. degree, and Columbia Theological Seminary, Decatur. At Davidson he wrestled, boxed, played football, debated, and in his Senior Year was President of the Student Body. While at the Seminary I believe he attended a few night classes at nearby Agnes Scott College and probably conducted a few of these classes. He was Winder's first Eagle Scout, a badge I had rather wear than a Phi Beta Kappa Key.
He married Ala Jo Brewton of Vidalia, Toombs County, Georgia, from that section of our State where the sun has blessed the skin of its daughters in such a beautiful and kindly manner. They have five children.
To peripherally illustrate the character and personality of the man I wish to recount a couple of innumerable contacts or lessons. The total is legendary. As boys we had the job of driving the cows to the pasture since a railroad ran between the cow lot and pasture. One morning in early summer when Jeb was 13 and I was 12 years old, four boys from what was called milltown were under some plum trees on our Father's place. Jeb says, "Alex, we'll have to stop those boys". I replied, "OK, you do the talking". We went down the hill and he told them in the most civil tongue I have ever heard that they could have what they had in the buckets then and pick up any on the ground, but not get any more off the trees. One boy said they would get them anywhere they wanted to and when he picked more off the tree, Jeb waded in and I followed. Shortly, a boy who was a catcher on the ball team had me down astraddle my torso and was beating me in the face. I called to Jeb and

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JOURNAL OF THE HOUSE,

said "Let's let these fellows have the plums". He looked around from where he was taking care of three, saw my plight, but said, "Fight on Alex, you are never whipped 'til you quot, you haven't lost as long as you are fighting". The last thing I saw were four boys going up the Gainesville Midland railroad track toward Winder with Jeb Russell in pursuit. When he was 18 and a Junior at Davidson and I was 17 and a freshman at the University of Georgia, he wrote me in September "hoping I was head over heels in work because that was the business of us being there and that he considered college experience a miniature life and it would indicate the kind of total life a man might live".
I feel my father was a great man and as I directed my life I almost constantly observed my obligation to him, but more often, I believe when I encountered rough spots or difficulties and needed a boost to my determination the thought would come to me that I can't let Jeb Russell down.
I spent seven years in college, five years in the Army in World War II and I have never known a more red blooded two-fisted fighter who goes in with both fists flying and kicking them on the shins. Surely he is a worthy adversary of the devil. I have never seen him obtunded or unqualified.
To this group of fine colleagues, my fine Brother, Henry Edward, Jeb, Russell.

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. Colwell
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, 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
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 Lowrey Marcus Matthews, C. Matthews, D. R.
Mauldin Maxwell McDaniell

FRIDAY, MARCH 5, 1971
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.

2083
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 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.

2084

JOURNAL OF THE HOUSE,

5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, March 5, 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 196. Employees Retirement System, Interest.

HB 197, Board of Correction, Director's Compensation.

HB 200. Public Safety, Director's Compensation.

HB 267. Capital Felonies, Plead Guilty.

HB 287. Income Tax, Individuals.

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.

HR 192-658. Convey Property, Baldwin County.

HB 666. Cigarette Tax, Veterans Home.

HB 788. Motor Fuel Tax, Aviation Gas Dealers.

HB 809. Public Assistance Act, Repayment of Sums.

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,
/s/ 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:

FRIDAY, MAECH 5, 1971

2085

HB 1021. By Messrs. Toles and Adams of the 9th:
A Bill to be entitled an Act to amend an Act classifying property for taxation and levying taxes on certain classes of intangible personal property, so as to provide that nothing in said Act shall be construed to require any person whose intangible tax would amount to $10 or less to file an intangible tax return; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1022. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Shiloh, so as to change the corporate limits of said city; to change the term of office of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1023. By Mr. Jones of the 4th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the Superior Court of Gilmer 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 1024. By Mr. Jones of the 4th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gilmer 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 1025. By Messrs. Lowrey, Toles and Adams of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to provide that the election of members for the Board of Education be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1026. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act establishing the Bacon County-City of Alma Joint Planning Commission, so as to change the composition of the planning commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

2086

JOURNAL OF THE HOUSE,

HB 1027. By Mr. McDonald of the 15th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Jefferson, so as to change the provisions relative to the salary of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HR 333-1027. By Mr. Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide State departments and State agencies with the authority to disburse State funds to match federal funds in order to provide qualified employees with subprofessional technical and professional education scholarships and to establish the terms and conditions of educational scholarships; and for other purposes.
Referred to the Committee on State of Republic.

HB 1028. By Messrs. Gignilliat of the 89th and Battle of the 90th:
A Bill to be entitled an Act to amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1029. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the county of Dodge, so as to change the compensation allowable for the additional deputy Sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1030. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Dodge County, so as to change the allowable compensation of the Clerk of the Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1031. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Dodge County, from the fee and salary system to

FEIDAY, MARCH 5, 1971

2087

the salary system exclusively, so as to change the compensation allowable to the Clerk of the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1032. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employees of the Tax Commissioner of Dodge County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HR 345-1032. By Mr. Cook of the 95th: A Resolution compensating Michael G. Mische; and for other purposes.
Referred to the Committee on Appropriations.

HR 346-1032. By Messrs. Nunn of the 41st, Lee and Odom of the 61st and Dixon of the 65th:
A Resolution relative to the establishment of a permanent standing committee designated as the Legislative Audit Committee, the implementation of an Operational and Management Audit Program in the Office of the State Auditor; and for other purposes.
Referred to the Committee on Rules.

HB 1033. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Taylor County on a salary basis in lieu of a fee basis of compensation, so as to change the compensation of the sheriff and the deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1034. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Taylor 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 1035. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one

2088

JOURNAL OF THE HOUSE,

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 1036. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Taylor 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 1037. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to amend Code Section 92-3102, relating to the taxation of the income of corporations, so as to provide that there shall be subtracted from taxable income certain interest and royalties received from sources without the United States; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1038. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to establish a special taxing district comprising all the area within Pinkneyville General Militia District No. 406 to be known as Gwinnett County Recreation District No. 1; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1039. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to delete therefrom the provision relative to the duties of the judge of said circuit as judge of the juvenile court of Gwinnett County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1040. By Messrs. Davis, Westlake, Floyd and Granade of the 75th, Lane of the 101st and Savage of the 104th:
A Bill to be entitled an Act to prohibit theaters in this State from advertising scenes of coming attractions except under certain circumstances ; and for other purposes.
Referred to the Committee on Industry.

FRIDAY, MARCH 5, 1971

2089

HB 1042. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to create and establish an Airport Authority for Gwinnett County, and to authorize such Authority to acquire and maintain all such facilities, including real property; and for other purposes.
Referred to the Committee on State Planning & Community Affairs Local Legislation.

HB 1043. By Messrs. Scarborough, Bennett, Evans, and Pinkston of the 81st, Coney of the 82nd, Miller of the 83rd, Dean and Mason of the 13th, Phillips of the 38th and others:
A Bill to be entitled an Act relating to blind persons; concerning the operation of vending facilities on State, county and city property, duties and powers of the Department of Family and Children Services; and for other purposes.
Referred to the Committee on Welfare.

HB 1044. By Messrs. Marcus of the 105th, Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to create the Council of Maternal Health; to provide for its appointment, composition, duties and meetings; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1045. By Messrs. Davis of the 75th, Dean of the 76th, Noble and Bell of the 73rd, Russell and Thomason of the 77th, Collins and Geisinger of the 72nd, Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 56-1310, relating to fees and taxes on insurance companies, so as to provide that in counties having a population of not less than 400,000 and not more than 600,000, such county may levy an annual license fee on each life insurance company doing business within the unincorporated area of the county; and for other purposes.
Referred to the Committee on Insurance.

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 1054. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of each county with a population of not more than 8,300 and not less than 8,234, known as the fee system; and for other purposes.

2090

JOURNAL OF THE HOUSE,

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

HB 992. By 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, construction, 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.

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.

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.

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.

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 continued 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.

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 Commissioner of Labor shall administer and enforce the provisions of said Act; and for other purposes.

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.

FRIDAY, MARCH 5, 1971

2091

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 description of the State Flag of Georgia; and for other purposes.

HB 1000. By Mr. Conger of the 68th:
A Bill to be entitled an Act to authorize the Governor to transfer certain streambed and adjoining property adjacent to Colonels Island to the Georgia Ports Authority; and for other purposes.

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.

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.

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.

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.
HR 331-1003. By Mr. Chandler of the 34th: A Resolution to amend a Resolution transferring the control and jurisdiction 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.
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

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JOURNAL OF THE HOUSE,

amend the charter of the City of Athens, and the various Acts amendatory thereof", so as to redefine the corporate limits of the City of Athens; and for other purposes.

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.

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.

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.

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 commissioners of Banks County, so as to change the compensation of the chairman of the board of commissioners; and for other purposes.

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.

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 department and the Department of Public Health in such counties; and for other purposes.
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 Attorney General of the administration of charitable trusts; to provide for exceptions; to authorize the Attorney General to maintain a register of charitable trusts; to provide for the filing of charitable trust instru-

FRIDAY, MAECH 5, 1971

2093

ments and annual audit reports with the Attorney General; and for other purposes.

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.

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.

HB 1016. By Mr. Horton of the 95th:
A Bill to be entitled an Act to validate and declare legal the creation and establishment of housing authorities, all bonds, contracts, agreements, notes, obligations and undertakings of said housing authorities, and all proceedings performed or done with reference thereto; to declare said housing authorities corporate and politic; and for other purposes.

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.

HB 1018. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act relating to the administration of the taxing laws of this State, so as to change the method of making refunds; and for other purposes.

HB 1019. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act relating to the tax imposed 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.
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

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and known as the "Motor Fuel Tax Law", so as to change the procedure for making certain refunds; and for other purposes.

SR 93. By Senators Chapman of the 32nd, Henderson of the 33rd, Stephens of the 36th and Kennedy of the 4th:
A Resoltuion creating the Georgia Jail Standards Study Commission; and for other purposes.

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.

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 purposes.

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 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 be entitled an Act to amend an Act relating to the issuance of certificates of exemptions from the payment of professional and semiprofessional 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 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 compensation of the chairman and commissioners within certain limitations; and for other purposes.

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

FRIDAY, MARCH 5, 1971

2095

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.

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 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 be entitled an Act 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.
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 Corrections; and for other purposes.
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.

HE 353-1043. By Messrs. Smith of the 43rd and Chandler of the 34th:
A Resolution declaring certain property of the State surplus; authorizing and empowering the State Properties Control Commission to sell or lease such property; and for other purposes.

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 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.
Mr. Matthews of the 63rd District, submited the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following

2096

JOURNAL OF THE HOUSE,

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

HB 986. Do Pass.

Respectfully submitted,

Matthews of the 63rd,

Chairman.

Mr. Ployd 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 Resolutions of the House and has instructed me to report same back to the House with the following recommendations:

HR 131-360. Do Pass, by Substitute.

HR 181-578. Do Pass.

HR 168-488. Do Pass.

HR 84-225. Do Pass, as Amended.

HR 47- 83. Do Not Pass.

HR 71-212. Do Pass, as Amended.

HR 230-698. Do Pass, as Amended.

HR 88-233. Do Pass.

HR 138-425. Do Pass.

HR 128-360. Do Pass.

HR 58-135. Do Pass.

HR 105-270. Do Pass.

HR 179-578. Do Pass.

HR 237-733. Do Pass.

HR 56-135. Do Not Pass.

Respectfully submitted,

Floyd of the 7th,

Chairman.

Mr. Ware of the 30th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera-

FRIDAY, MARCH 5, 1971

2097

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

HB 137. Do Pass, by Substitute.

HB 462. 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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 620. Do Pass, by Substitute.
HB 630. Do Pass, by Substitute.

HB 980. Do Pass, by Substitute.

HR 75-212. Do Not Pass.

Respectfully submitted,

Farrar 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 Senate and has instructed me to report same back to the House with the following recommendations:

SB 210. Do Pass.

HB 977. Do Pass.

HB 978. Do Pass.

HB 920. Do Pass.

HB 924. Do Pass.

Respectfully submitted,

Snow of the 1st,

Chairman.

Mr. Dorminy of the 48th District, Chairman of the Committee on Natural Resources, submitted the following report:

2098

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

HR 288-981. Do Pass.

Respectfully submitted,

Dorminy of the 48th,

Chairman.

Mr. Lambert of the 25th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bills and Resolutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HR 276-893. Do Pass.

HR 324-987. Do Pass.

HB 1014. Do Pass.

HB 1018. Do Pass.

HB 1020. Do Pass.

HB 1019. Do Pass.

Respectfully submitted,

Lambert of the 25th,

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

SB

7. Do Pass.

HR 244-772. Do Pass.

Respectfully submitted,

Roach of the 10th,

Chairman.

Mr. Chandler of the 34th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

FRIDAY, MARCH 5, 1971

2099

Mr. Speaker:

Your Committee on State Institutions and Property 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 1000.

HB 1041.

HR 326-1001.

HR 331-1003.

HR 352-1041.

HR 353-1043.

HR 354-1043.

HB

988.

HR 282- 934.

HR 325- 989.

HR 284- 938.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass, as Amended.

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

SB

153. Do Pass, as Amended.

SB

189. Do Pass.

HR 260-818. Do Pass.

HB 979. Do Pass.

HR 259-818. Do Pass, by Substitute.

HR 264-825. Do Pass.

HR 328. Do Pass.

SR

84. Do Pass, as Amended.

SB

121. Do Pass.

SB

122. Do Pass.

SB

123. Do Pass.

SB

150. Do Pass.

SB

220. Do Pass.

2100
HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB
HB
HB
HB

JOURNAL OF THE HOUSE,
172. Do Pass. 175. Do Pass. 176. Do Pass. 335. Do Pass. 471. Do Pass. 494. Do Pass. 495. Do Pass. 694. Do Pass. 714. Do Pass. 718. Do Pass. 747. Do Pass. 111. Do Pass. 793. Do Pass. 794. Do Pass. 795. Do Pass. 796. Do Pass. 818. Do Pass. 825. Do Pass. 832. Do Pass. 871. Do Pass. 891. Do Pass. 894. Do Pass. 900. Do Pass. 918. Do Pass. 926. Do Pass. 928. Do Pass. 941. Do Pass. 942. Do Pass. 943. Do Pass. 946. Do Pass. 947. Do Pass. 948. Do Pass. 949. Do Pass. 950. Do Pass. 951. Do Pass. 952. Do Pass.
955. Do Pass.
956. Do Pass.
958. Do Pass.

FRIDAY, MARCH 5, 1971

2101

HB 959. Do Pass.

HB 960. Do Pass.

HB 967. Do Pass.

HB 968. Do Pass.

HB 969. Do Pass.

HB 970. Do Pass.

HB 971. Do Pass.

HB 972. Do Pass.

HB 975. Do Pass.

HB 981. Do Pass.

HB 982. Do Pass.

HB 983. Do Pass, as Amended.

HB 984. Do Pass.

HB 985. Do Pass.

HB 991. Do 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 consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 20. Do Not Pass.

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 by the requisite constitutional majority the following Bills of the House, to-wit:

HB 5. By Mr. Lane of the 101st:
A Bill 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; and for other purposes.

2102

JOURNAL OF THE HOUSE,

HB 506. By Mr. Sims of the 106th:
A Bill to amend an Act relating to a program of vocational rehabilitation and providing that the same shall be administered by the State Board of Vocational Education, so as to change the definition of the term "workshop"; and for other purposes.

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

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 amend Code Chapter 84-9, relating to medical practitioners, so as to redesignate a certain code section; and for other purposes.
HB 65. By Messrs. Gunter of the 6th and Moore of the 6th, Sweat of the 65th, and others: A Bill 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.
HB 234. By Messrs. Lane of the 101st and Hawes of the 95th: A Bill 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.
The Senate has passed by requisite constitutional majority the following Bills of the Senate, to-wit:

.SB 164. By Senator Kidd of the 25th:
A Bill to amend an Act regulating and providing for the supervision of the business of private employment agencies, as amended, so as to redefine the terms "employment agent" or "employment agency"; and for other purposes.
SB 280. By Senators Chapman of the 32nd, Fincher of the 51st, Stephens of the 36th, Brown of the 47th and Ballard of the 45th:
A Bill to prohibit operation of all schools for training of clinical laboratory personnel unless licensed pursuant to this Act; to authorize and direct the Georgia Department of Public Health to issue license under certain circumstances; to repeal conflicting laws; and for other purposes.

SB 289. 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 Public Assistance Act of 1965" as amended, so as to provide that hearings and judicial review of final decisions by the Department of Family and Children Services

FRIDAY, MARCH 5, 1971

2103

shall be conducted in accordance with the applicable provisions of the Georgia Administrative Procedure Act; to repeal conflicting laws; and for other purposes.

SB 290. By Senators Holloway of the 12th, Gillis of the 20th, and Kidd of the 25th:
A Bill to amend an Act known as the "Children and Youth Act", as amended, so as to provide that the Division for Children and Youth may provide both routine and emergency medical services to children under its supervision without parental consent; to repeal conflicting laws; and for other purposes.

SB 291. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to amend an Act governing and regulating the use of public roads and highways of this State, as amended, so as to provide for clarification of the distribution of the money arising from fines and forfeitures; to repeal conflicting laws; and for other purposes.

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

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 President has appointed on the part of the Senate the following Senators: Overby of the 49th, London of the 50th, and Abney of the 53rd:

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

HB 30. By Mr. Lambert of the 25th:
A Bill 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 688. By Messrs. Melton of the 32nd and Miles of the 78th:
A Bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act to exempt the sale of Sacred Scripture; and for other purposes.

HB 725. By Mr. Melton of the 32nd:
A Bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the use of nonbusiness property by new residents of this State purchased by them while residing in another State; and for other purposes.

2104

JOURNAL OP THE HOUSE,

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

HB 762. By Messrs. Keyton and Russell of the 70th, Miles and Cheeks of the 78th, Dent and Connell of the 79th and others:
A Bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sales of tangible personal property to private non-profit hospitals from the taxes imposed by said Act; and for other purposes.

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

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.

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.

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 nonprofit 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 Governor, suspending the collection of the taxes imposed by the Georgia Retailers' and Consumers' Sale 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 wine taxes on the sale and use of wine to certain churches and synagogues for Sacra-

FRIDAY, MARCH 5, 1971

2105

mental Services until the next meeting of the General Assembly; and for other purposes.

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

SB 216. By Senators Walling of the 42nd and Coverdell of the 56th:
A Bill to amend Code Section 29-301, relating to covenants running with the land, as amended, so as to provide that the limitation on the time for which the covenants restricting lands to certain uses shall run in municipalities and areas; 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 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 appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein, and for other purposes.
The Senate has agreed to the House Substitute to the following Bill of the Senate, to-wit:

SB 79. By Senator Henderson of the 33rd: A Bill to provide that the clerk of the civil-criminal court of any counties having populations of not less than 188,000 and not more than 400,000, according to the 1970 federal decennial census or any future federal census, shall be entitled to membership in any retirement system created by the governing authority of said counties; to repeal conflicting laws; 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:
HB 983. By Messrs. Kreeger, Atherton, Wilson, McDaniell, Burruss and Housley of the 117th: A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Marietta, as amended, so as to extend the corporate limits of said city; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 983 as follows:
By striking from the 34th line of page 3 the following: "of",

2106

JOURNAL OF THE HOUSE,

and by inserting in lieu thereof the following: "at",

by striking from the 29th line of page 9 the following: "Grey",

and by inserting in lieu thereof the following: "Frey",

by striking from the 23rd line of page 10 the following: "Grey",

and by inserting in lieu thereof the following: "Frey".

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.

HR 264-825. By Messrs. Toles, Adams and Lowrey of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the recall of county officers of Floyd County, including members of the county board of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"Each county officer of Floyd County, including members of the county board of education, shall be subject to recall at any time after his election upon petition in writing, signed by one hundred (100) or more qualified registered voters of Floyd County. The petition for such recall election must be signed by not less than 25% of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the Ordinary of Floyd County, and it must be signed in the presence

FRIDAY, MARCH 5, 1971

2107

of the Ordinary or of an employee of the Ordinary. The person sponsoring such petition shall address such petition to the Ordinary, petitioning him to call for a special election to submit the question of whether any such county officer shall be recalled. The Ordinary shall allow such persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such persons must notify the Ordinary when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the Ordinary more than 90 days after it is first placed in the Ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such 90 day period shall be void and of no force and effect. It shall then be the duty of the Ordinary to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. The Ordinary must make his decision on the sufficiency of the petition within 15 days after the same is formally presented to him. In the event he determines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 30 nor more than 60 days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the words 'For recall of (name of officeholder) (name of office)' and 'Against recall of (name of officeholder) (name of office).' The Ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such recall election, and the officer so removed shall not be eligible to re-election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the officer shall retain his office. Vacancies created by a recall election shall be filled in the same manner as provided by law for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same officer shall be held for at least two years."

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 folowing:

"YES ( ) Shall the Constitution be amended so as to provide for NO ( ) the recall of county officers of Floyd County, including members of the county board of education?"

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".

2108

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 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 Bohannoh Bond Bostick
Bowen Brantley, H. H. 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, W. Dean, Gib
Dean, N. Dent Dixon
Drury Evans Ezzard Farrar
Felton Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat
Grantham
Greer Griffin
Ham Hamilton Harrington Harrison
Hawes Hill, B. L. 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. Lee, W. S. Leggett Levitas
Logan Lowrey
Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald
Melton Merritt Miles Milford Morgan
Moyer Mulherin Mullinax Noble Nunn Odom Oxford
Patterson
Pearce Peters Phillips, G. S. Phillips, W. R.
Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Scarborough

FRIDAY, MARCH 5, 1971

2109

Shanahan Shepherd Sherman Sims Smith, H. R. Snow Sorrells Strickland

Sweat Thomason Thompson Toles Triplett Tripp
Turner Wamble

Westlake
Wheeler, Bobby Whitmire Williams Wilson Wood

Voting in the negative was Mr. W. W. Larsen.

Those not voting were Messrs.:

Blackshear Brantley, H. L. Collins, S. Dailey Davis, E. T. Dean, J. E. Dorminy Edwards Egan Floyd, J. H. Grahl Granade Gunter Hadaway Harris

Hays Hill, G.
Hood Lane, W. J. Lee, W. J. (Bill) Lewis Longino
Matthews, D. R. McCracken Miller
Moore Murphy Nessmith
Northcutt Patten

Phillips, L. L. Pickard Pinkston Salem Savage Smith, J. R. Smith, V. T. Stephens Townsend Vaughn Ware Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 151, nays 1.

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

Mr. Dorminy of the 48th stated that he had been called from the floor of the House when the roll was called on HR 264-825, and wished to be recorded as voting "aye".
SR 84. By Senator Smith of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create a public authority and vest in such authority the power to operate a system of telephonic communications within Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

2110

JOURNAL OF THE HOUSE,
"The General Assembly shall be authorized to create a public authority and vest in such authority the power to acquire, construct, operate, extend and improve a system of telephonic communications within Houston County. The authority shall have the authority to issue revenue bonds in order to finance the projects of the authority authorized by the provisions of this paragraph. The authority shall have such other powers, duties and responsibilities as the General Assembly shall provide."

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 ( NO (

) Shall the Constitution be amended so as to authorize the General Assembly to create a public authority and
) vest in it the authority to operate a system of telephonic communications within Houston 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 following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend SR 84 as follows:
Amend Article VII, Section VII, Paragraph 1 of the Constitution as proposed by Section 1 by deleting the words "within Houston County" from lines 14 and 15 and inserting in lieu thereof the following :
"in the Town of Perry and those areas now served by the Perry exchange."
Amend the title of the Resolution and the ballot as set out in Section 2 by deleting the words "within Houston County" from line 4 on page 1 and lines 5 and 6 on page 2 and inserting in lieu thereof the following:
"in the Town of Perry and those areas now served by the Perry exchange."

FRIDAY, MARCH 5, 1971

2111

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 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. 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, W. Dean, Gib Dean, N. Dent

Dixon Drury Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grantham Greer Griffin Ham Hamilton Harrington Harrison Hawes Hill, B. L. 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. Lee, W. S. Leggett Levitas Logan Lowrey

Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Morgan Moyer Mulherin Mullinax Noble Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Snow Sorrells Strickland Sweat Thomason Thompson Toles

2112

JOURNAL OF THE HOUSE,

Triplett Tripp Turner Wamble

Westlake Wheeler, Bobby Whitmire Williams

Wilson Wood

Voting in the negative was Mr. W. W. Larsen.

Those not voting were Messrs.:

Blackshear Brantley, H. L. Collins, S. Dailey Davis, E. T. Dean, J. E. Dorminy Edwards Egan Floyd, J. H. Grahl Granade Gunter Hadaway Harris

Hays Hill, G. Hood Lane, W. J. Lee, W. J. (Bill) Lewis Longino Matthews, D. R.
McCracken Miller Moore Murphy Nessmith Northcutt Patten

Phillips, L. L. Pickard
Pinkston Salem
Savage Smith, J. R. Smith, V. T. Stephens Townsend Vaughn Ware
Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 151, nays 1.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

Mr. Dorminy of the 48th stated that he had been called from the floor of the House when the roll was called on SR 84, as amended, and wished to be recorded as voting "aye".

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, as amended, 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.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 122. By Senator London of the 50th: A Bill to be entitled an Act to amend an Act placing the Ordinary

FRIDAY, MARCH 5, 1971

2113

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.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 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.

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

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 150. By Senator London of the 50th: A Bill to be entitled an Act to amend an Act creating the Commissioner of Pickens 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.
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.

2114

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.

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, as amended, so as to provide a salary and expense allowance therefor; and for other purposes.

The report of the Committee, 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 172. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Mrs. Hamilton of the 112th and 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," as amended, so as to provide that a female teacher or employee may designate her husband as beneficiary; and for other purposes.

The report of the Committee, 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 175. By Messrs. Greer and Felton of the 95th, Savage of the 104th, Alexander of the 96th, Adams of the 100th and 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

FRIDAY, MARCH 5, 1971

2115

teachers and employees of the Board of Education of Fulton County," 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.

The report of the Committee, 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 176. By Messrs. Greer and Felton of the 95th, Alexander of the 96th, Adams of the 100th and 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," as amended, so as to provide for refund of overpayment of employees' contributions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, 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.

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JOURNAL OF THE HOUSE,

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, as amended, 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; and for other purposes.

The report of the Committee, 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 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, as amended, so as to change the compensation 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 495. By Mr. Smith of the 43rd: A Bill to be entitled an Act to amend an Act incorporating the City of Twin City, as amended, so as to provide that commissioners of said city shall be elected by the voters of the entire 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.

FRIDAY, MARCH 5, 1971

2117

HB 694. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.

The report of the Committee, 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 714. By Messrs. Alexander of the 16th, Savage of the 104th, 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 probationary 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.

The report of the Committee, 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 718. By Mr. Hadaway of the 27th: A Bill to be entitled an Act to create a new board of education of Jones 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.

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JOURNAL OP THE HOUSE,

HB 747. By Messrs. Longino of the 98th, Greer and Felton of the 95th, Alexander of the 96th and others:
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, as amended, so as to add certain additional territory to the corporate limits of said city; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 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, as amended, so as to increase the supplemental 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 110, nays 0.

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

HB 793. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to reincorporate the City of Monroe; and for other purposes.

The report of the Committee, 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, haivng received the requisite constitutional majority, was passed.

PEIDAY, MARCH 5, 1971

2119

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 of Walton County on a salary basis in lieu of a fee basis, as amended, so as to change the compensation of the clerk of the superior court and other 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 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, 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 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, 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.

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JOURNAL OF THE HOUSE,

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.

The report of the Committee, 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 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, as amended, so as to provide for the recall of the members of the said board; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 832. By Messrs. Kreeger, Housley, Howard, Atherton, Burruss, McDaniell and Wilson 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 5, 1971

2121

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.

The report of the Committee, 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 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; and for other purposes.

The report of the Committee, 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 894. By Messrs. 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 an Act pertaining to county road system so as to strike the population requirements and insert in lieu thereof the figure of 600; and for other purposes.
The report of the Committee, 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 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.

2122

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 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 fee basis of compensation, as amended, so as to provide for a setting of salaries of the Sheriff and other 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 926. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Metter, 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 928. By Mr. Oxford and Mrs. Merritt 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, as amended, so as to change the compensation of said official; and for other purposes.

FRIDAY, MARCH 5, 1971

2123

The report of the Committee, 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 941. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Snellville, as amended, so as to change the provisions relative to the election of the mayor and councilmen; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 942. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to incorporate the City of Warner Robins, 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.
The Bill, having received the requisite constitutional majority, was passed.
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; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2124

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 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, as amended, so as to change the number of the members of the Clarke County Board of Education; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

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, as amended, so as to provide that absentee ballots be provided in all 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 948. By Mr. Wamble of the 69th: A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, 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 110, nays 0.

FRIDAY, MARCH 5, 1971

2125

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

HB 949. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Cochran, as amended, so as to change the amount of tax which may be levied for public schools; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 950. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 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; and for other purposes.
The report of the Committee, 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.

2126

JOURNAL OF THE HOUSE,

HB 952. 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 changing the method of compensation of county officers of certain counties, as amended, so as to change the compensation provisions relative to employees in 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 955. 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 provide for a fiscal year for Butts 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 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; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

FRIDAY, MARCH 5, 1971

2127

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; and for other purposes.

The report of the Committee, 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 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 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 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.
The report of the Committee, 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 967. By Messrs. Davis and Granade of the 75th, Noble of the 73rd and others: A Bill to be entitled an Act to provide that the governing authority of

2128

JOURNAL OF THE HOUSE,

certain municipalities may not re-zone land which has been annexed for a period of 2 years except 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 110, nays 0.

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

HB 968. By Messrs. Larsen and Chappell of the 42nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Wrightsville, as amended, so as to extend the city limits thereof; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 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, sheriff and ordinary of Cobb County from the fee system, as amended, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court and clerk of the court of ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 5, 1971

2129

HB 970. By Messrs. Kreeger, Howard, McDaniell, Burruss, Housley and Atherton of the 117th:
A Bill to be entitled an Act consolidating the offices of tax collector and tax receiver of Cobb County, as amended, so as to change the compensation of the tax commissioner and the chief clerk 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 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, as amended, so as to change the salary provisions relating to the judges and the clerk 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 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 Circuit, as amended, so as to change the salaries of the judges and the district attorney 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.

2130

JOURNAL OF THE HOUSE,

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, as amended, so as to provide for a solicitor for the State Court of Cobb 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 981. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to provide for an investigator for the office of district attorney of the Western Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 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, as amended, so as to extend the corporate limits thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

FRIDAY, MARCH 5, 1971

2131

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, 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.

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

HB 985. By Messrs. Greer and Felton of the 95th, Mrs. Hamilton of the 112th and others:
A Bill to be entitled an Act to fix the salaries of the judges of certain of the courts of Fulton County; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

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, as amended, so as to increase the size of the said board; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:

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

SB 108. By Senators Garrard of the 37th and Walling of the 42nd:
A Bill to amend Code Chapter 26-21, relating to distributing obscene matter, as amended, so as to substantially change said Code Chapter; to repeal conflicting laws; and for other purposes.

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

SB 164. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; and for other purposes.
Referred to the Committee on State of Republic.
SB 216. By Senators Walling of the 42nd and Coverdell of the 56th:
A Bill to be entitled an Act to amend Code Section 29-301, relating to covenants running with the land, so as to provide that the limitation on the time for which the covenants restricting lands to certain uses shall run in municipalities and areas; and for other purposes.
Referred to the Committee on Judiciary.

SB 280. By Senators Chapman of the 32nd, Fincher of the 51st, Stephens of the 36th and others:
A Bill to be entitled an Act to prohibit operation of all schools for training of clinical laboratory personnel unless licensed pursuant to this Act; to authorize and direct the Georgia Department of Public Health to issue license under certain circumstances; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 289. 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 Public Assistance Act of 1965", so as to provide that hearings and

FRIDAY, MARCH 5, 1971

2133

judicial review of final decisions by the Department of Family and Children Services shall be conducted with the applicable provisions of the Georgia Administrative Procedure Act; and for other purposes.
Referred to the Committee on Welfare.

SB 290. 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 "Children and Youth Act", so as to provide that the Division for Children and Youth may provide both routine and emergency medical services to children under its supervision without parental consent; and for other purposes.
Referred to the Committee on Welfare.

SB 291. 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 governing and regulating the use of Public roads and highways of this State, so as to provide for clarification of the distribution of the money arising from fines and forfeitures; and for other purposes.
Referred to the Committee on Highways.

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 provide that the members of the Public Service Commission shall have terms of office of four years, and to delete certain language from Paragraph III of Section IV of Article IV relating to the first Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on State of Republic.

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.
Referred to the Committee on Natural Resources.

SB 108. By Senators Garrard of the 37th and Walling of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 26-21, relating to distributing obscene matter, so as to substantially change said Code Chapter; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitute thereto:

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.
The following Senate amendment was read:
The Senate Committee on Natural Resources and Environmental Quality moves to amend HB 234 as follows:
By striking in their entirety Lines 5 and 6 on Page 1 and substituting in lieu thereof the following:
"so as to provide for the protection of alligators and crocodiles; to prohibit the hunting, trapping,".
By striking in its entirety Line 2 on Page 2 and substituting in lieu thereof the following:
"or classified as an alligator or crocodile."
And by striking in their entirety Line 5 and 6 on Page 2 and substituting in lieu thereof the following:
"any part of the hide of an alligator or crocodile."

Mr. Lane of the 101st 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 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.

Buck Burruss Busbee
Carr Carter Chance Chandler Chappell Cheeks
Clements Cole

Collier Collins, M. Colwell
Coney, J. L. Connell Cook
Daugherty Davis, W. Dean, Gib
Dean, N. Dent
Dixon
Dorminy Drury
Ezzard Farrar
Felton Floyd, L. R.
Fraser Gary
Gignilliat Grahl Grantham
Greer Ham Harrington Harrison Hawes Hays
Hill, G.
Horton Housley Howard Howell
Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup

FRIDAY, MARCH 5, 1971
Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Noble Nunn Odom Oxford Patterson Pearce

2135
Peters Phillips, L. L. Phillips, W. R. Pickard 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. Snow Sorrells Strickland Sweat Thomason Thompson Toles Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Coney, G. D. Evans

Gaynor

Triplett

Those not voting were Messrs.:

Barfield Blackshear
Brantley, H. L. Collins, S.
Conger Dailey Davis, E. T. Dean, J. E.

Edwards Egan Floyd, J. H. Geisinger
Granade Griffin Gunter Hadaway

Hamilton Harris Hill, B. L. Hood Lambert Lane, W. J.
Lee, W. J. (Bill) Lewis

2136
Longino Matthews, D. R. McCracken Moore Murphy Nessmith

JOURNAL OP THE HOUSE,

Northcutt Patten Phillips, G. S. Pinkston Russell, H. P. Salem

Smith, V. T. Stephens, W. S. Townsend Ware Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 149, nays 4.

The motion prevailed and the Senate amendment to HB 234 was agreed to.

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.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 756 as follows:
By inserting in Section 1 on Line 5 of page 2, following the words "no other compensation", the following:
"from the county of Clinch".
By inserting in Section 2 on Line 23 of page 2, following the words "for his services", the following:
"from the county of Clinch".

Mr. Dixon of the 65th 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 756 was agreed to.
HB 290. By Mr. Miles of the 78th and others: 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.

FRIDAY, MARCH 5, 1971

2137

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 290 as follows:

By striking from Section 1, page 1, line 16 the figure "145,000" and inserting in lieu thereof the figure "150,000".

Mr. Miles of the 78th 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 290 was agreed to.

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.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a Board of Commissioners in and for the County of Morgan, approved March 22, 1935 (Ga. Laws 1935, p. 738), as amended, so as to change the method of nominating and electing candidates for the office of Commissioner; to provide for filling of vacancies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a Board of Commissioners in and for the County of Morgan, approved March 22, 1935 ((Ga. Laws 1935, p. 738), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:
"Section 3. The term of office of the members of said Board shall be four years and until their successors are elected and qualified. They shall be elected by the qualified voters of Morgan County. The member elected from each district shall have been a

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resident of said district at least 12 months before his election. In any primary for the nomination of candidates of a political party for members of said Board of Commissioners, candidates shall be
residents of and nominated from their respective districts, but such candidates for nomination shall be voted upon by the voters of the entire County. At the General Election such nominees shall be voted upon by the voters of the entire County."

Section 2. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8, to read as follows:

"Section 8. Any vacancy in the membership of said Board shall be filled by a special election to be called by the Ordinary of Morgan County and conducted under the provisions of general law. The person elected shall be elected for the unexpired term resulting from the vacancy."

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

Mr. Lambert of the 25th 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 664 was agreed to.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Special Judiciary i
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 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 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 7-17. By Messrs. McCracken of the 36th and Phillips of the 29th:
A Resolution creating the Automobile Liability Insurance Study Commission and prescribing its powers and duties; and for other purposes.

FRIDAY, MARCH 5, 1971

2139

The following Committee substitute was read and adopted:

A RESOLUTION

Creating the Legislative Advisory Committee on Insurance Problems; and for other purposes.

WHEREAS, an effective system of insurance protection is essential to the public welfare of the citizens of this State; and

WHEREAS, the frequent problems experienced with our existing system of providing certain types of such protection is a clear indication of the inadequacies of said system; and

WHEREAS, it is apparent that the present problems stem from a variety of sources which include the policies of the insurance companies, defects in governmental regulation, the inability of the courts to process litigation in this area without excessive delay, and the rising costs of medical care for persons injured and of repairs to personal property damaged; and

WHEREAS, a complete study of all matters relative to providing adequate insurance protection at the lowest cost to our citizens should be made as soon as possible; and

WHEREAS, the Insurance Commissioner has created the Insurance Commissioner's Advisory Committee on Insurance Problems and a legislative committee should work and cooperate with said Committee.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Legislative Advisory Committee on Insurance Problems to consist of three members of the Senate to be appointed by the President thereof and three members of the House of Representatives to be appointed by the Speaker thereof.
BE IT FURTHER RESOLVED that the Committee shall organize as soon as practicable after the appointment of its members and shall select a chairman from among its members and such other officers as it deems necessary or desirable.
BE IT FURTHER RESOLVED that it shall be the duty of said Committee to study and investigate problems being experienced in providing adequate insurance protection for the citizens of the State of Georgia. Such study and investigation shall include an examination of the practices and policies of insurance carriers, the rate structures and the methods and procedures pertaining thereto, accounting

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procedures employed, including maintenance of reserves, the general efficiency of methods of operation of carriers, and the practices and policies for the adjustment of claims, as well as any other matters relating to providing adequate insurance protection for the citizens of our State.

BE IT FURTHER RESOLVED that the Committee is hereby authorized to work and cooperate with the Insurance Commissioner's Advisory Committee on Insurance Problems to the end that the efforts of both such Committees shall be coordinated and mutual recommendations may be agreed upon by both such Committees.

BE IT FURTHER RESOLVED that the Committee shall be entitled to call to its assistance and avail itself of the services of such employees of any State, county or Municipal department, board, bureau, commission or agency as it may require to carry out its duties under this Resolution.

BE IT FURTHER RESOLVED that each member of the Committee shall receive the expenses and allowances provided by law for members of legislative interim committees for service on the Committee, but shall receive the same for no more than 20 days unless the President of the Senate and the Speaker of the House shall authorize additional days for their respective appointees.

BE IT FURTHER RESOLVED that the Committee may meet and hold hearings at such place or places as it shall designate and shall report its findings and recommendations to the General Assembly, accompanying the same with any legislative proposals which it may desire to recommend for adoption, by not later than January 10, 1972, on which date the Committee shall stand abolished.

BE IT FURTHER RESOLVED that this Resolution shall become effective upon its approval by the Governor or upon its becoming law
without his approval.

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

On the adoption of the Resolution, by substitute, the ayes were 105, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted by substitute.
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-

FRIDAY, MARCH 5, 1971

2141

ments contained in an Act approved June 19, 1968 (Public Law 90351, 82 STAT. 197, HR 5037 (90th Congress); and for other purposes.

The following committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 26-3004, relating to the use of certain surveillance devices, so as to provide additional crimes for which such devices may be used; to change the period of time in which certain investigation warrants are valid; to provide for the use of evidence of other crimes obtained by certain devices under warrants for the investigation of unrelated crimes; to provide for preservation of certain evidence and information; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 26-3004, relating to the use of certain surveillance devices, is hereby amended by deleting in their entirety subsections (c), (e), (g) and (i) and substituting in lieu thereof the following:
"(c) When there is probable cause to believe that a person is committing or has committed an act which endangers the national security of the United States or the security of this State or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crime under the laws of this State, or the United States involving kidnapping, narcotics, dangerous drugs, burglary, prostitution, theft, blackmail, extortion, bribery, gambling or any felony involving alcoholic beverage laws, or any other crime dangerous to life, limb, or property when any such other crime is punishable by imprisonment for more than one year, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon written application, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe (1) that a person is committing or has committed any of the crimes enumerated in this subsection, or (2) that a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investigation warrant permitting the use of devices, as defined by Section 26-3009, for the surveillance of such person or place provided such warrant specifies with particularity the device or devices the use of which is to be thereby permitted, the purpose, duration and circumstances of use per-

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mitted, the crime or crimes allegedly being committed, and the person or persons and place or places to be subject to such surveillance.

(e) Investigation warrants issued under this Section shall be valid for not more than 30 days after issuance, unless renewed for an additional 30-day period for good cause shown at the time of written application for such renewal.

(g) Evidence obtained in conformity with this Section shall be admissible only in the courts of this State having felony and misdemeanor jurisdiction. When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications or in observation in the manner authorized herein, inter-
cepts wire or oral communications or obtains fruits of observation relating to offenses for which an investigation warrant may issue other than those specified in the order of authorization, the contents or fruits thereof, and evidence derived therefrom, may be disclosed or used in the same manner as if a surveillance warrant covering said crimes had initially been issued.

(i) The applicant for the warrant shall return same and report back to the judge issuing same within 30 days of the issuance of the warrant. In the event no evidence of the specific crime set forth in the warrant has been obtained through the use of such device or devices, it shall be the duty of such applicant to preserve all evidence or information obtained by surveillance for a period of 10 years, at which time such evidence or information may be destroyed upon the order of the court issuing such warrant."

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

The following amendments were read and adopted:

Mr. Alexander of the 108 moves to amend the Committee substitute to HB 489 by deleting from line 26 and 27 of page 1 and line 1 of page 3 the following:

"or any other crime dangerous to life, limb, or property when such other crime is punishable by imprisonment for more than one

and by adding on line 26 the words "auto thefts".
Mr. Levitas of the 77th moves to amend the Committee substitute to HB 489 by striking the numerals "30" on page 2, lines 28 and 29 and substituting in lieu thereof the numerals "20".
An amendment, offered by Mr. Hawes of the 95th, was read and lost. The following amendment was read and adopted:
Mr. Drury of the 66th moves to amend the Committee substitute to

FRIDAY, MARCH 5, 1971

2143

HB 489 by striking on page 1 lines 21 and 22 the words "under the laws of this State, or the United States" and by adding the letter "a" to the word "crime" on line 21.

The following amendment was read:
Mr. Evans of the 81st moves to amend the Committee substitute to HB 489 by striking the entire Committee substitute and by inserting in lieu thereof a new Code Section 26-3004 to the Code of Georgia as follows:
"In no event shall any law enforcement officer of District Attorney tap any telephone communication nor use any device for surveillance which invades into the privacy of a citizen's home, office, or other private place."

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 Bennett, J. T.
Bennett, Tom
Berry Blackshear
Bond Brantley, H. L. Brown, B. D. Brown, S. P.
Cheeks Clements Daugherty Davis, E. T. Dean, Gib

Dean, J. E. Dent Evans Gary
Hadaway Ham Hamilton
Hill, B. L. Jessup
Johnson
Keyton Lambert Lee, W. J. (Bill)
Miles Milford

Miller
Pearce Phillips, L. L. Phillips, W. R. Reaves
Russell, H. P. Scarborough Shepherd
Sherman Smith, H. R. Thomason Thompson Tripp

Those voting in the negative were Messrs.

Adams, G. D. Adams, John
Adams, Marvin Alexander, W. M.
Alien Atherton Bell Black Bostick Bowen Brantley, H. H.

Bray Brown, C. Burruss
Busbee Carr
Carter Chance Chappell Cole
Collins, M. Collins, S.

Colwell Coney, G. D. Coney, J. L. Conger Connell Davis, W. Dean, N.
Dorminy Drury Edwards Egan

2144
Felton Floyd, L. R. Fraser Gaynor Geisinger Granade Griffin Harrison Hays Hill, G. Horton Housley Howard Hudson, C. M. Hutchinson Isenberg Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lane, Dick Larsen, G. K. Lee, W. S.

JOURNAL OF THE HOUSE,

Leggett Levitas Logan
Lowrey Marcus Matthews, C. Matthews, D. R.
Maxwell
McDaniell McDonald Melton
Merritt Morgan Moyer Mulherin Mullinax
Nessmith Northcutt Nunn Odom Patten Peters Phillips, G. S.
Pinkston
Poole Potts

Rainey Roach Rush Russell, A. B. Russell, W. B.
Salem Savage Shanahan Sorrells Stephens Strickland
Sweat Toles Townsend
Triplett
Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood

Those not voting were Messrs.:

Battle Bohannon
Buck Chandler Collier Cook
D alley Dixon Ezzard Farrar Floyd, J. H. Gignilliat Grahl
Greer

Gunter Harrington Harris
Hawes Hood Howell Hudson, Ted
Lane, W. J. Larsen, W. W.
Lewis Longino Mason Mauldin McCracken

Moore Murphy
Noble
Oxford Patterson Pickard Ross Sims Smith, J. B. Smith, V. T.
Snow Vaughn Ware Mr. Speaker

On the adoption of the amendment, the ayes were 43, nays 119.

The amendment was lost.

An amendment, offered by Mr. Morgan of the 23rd, was read and ruled out of order by the Speaker.

FRIDAY, MARCH 5, 1971

2145

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 Alexander, W. M. Atherton
Barfield Bell
Bennett, J. T.
Berry Black Bohannon Bostick
Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C.
Brown, S. P. Burruss
Busbee Carr Carter Chandler Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Cook
Davis, E. T. Davis, W. Dorminy Drury Egan
Farrar Felton Floyd, L. B. Fraser Gary
Gaynor Geisinger Granade Grantham

Greer Hadaway Harrington Harrison
Hawes Hays
Hill, G. Horton Housley
Howard Howell
Hudson, C. M. Hutchinson Isenberg
Jones, J. B. Jordan Keyton King
Knight Knowles Kreeger 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. Mauldin Maxwell McDaniell McDonald Melton Milford Miller
Morgan

Moyer Mullinax
Nessmith Noble Northcutt Nunn Odom
Patterson Patten Peters
Phillips, L. L. Pinkston Poole Potts Bainey Reaves Roach Rush
Russell, A. B.
Russell, H. P. Russell, W. B. Salem
Savage Shanahan Snow
Sorrells Stephens Strickland Sweat Toles Townsend
Turner Vaughn Wamble Westlake
Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

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JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Alien Bennett, Tom Blackshear Bond Brown, B. D. Cheeks Clements Cole Conger Connell Daugherty

Dean, Gib Dean, N. Dent Evans Gignilliat Griffin Ham Hill, B. L. Jessup Johnson Jones, Herb

Miles Mulherin Pearce Phillips, W. R. Scarborough Sherman Smith, H. R. Thomason Thompson Triplett Tripp

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Battle Buck Chance
Chappell Collier
Dailey Dean, J. E. Dixon Edwards Ezzard
Floyd, J. H.

Grahl
Gunter Hamilton Harris Hood
Hudson, Ted Lambert
Lane, W. J. Lewis Longino
McCracken Merritt

Moore
Murphy Oxford Phillips, G. S. Pickard
Ross Shepherd
Sims Smith, J. R. Smith, V. T.
Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 125, nays 33.

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

Mr. Connell of the 79th stated that he had inadvertently voted "nay" on the passage of HB 489, by substitute, as amended, and had intended to vote "aye".

By unanimous consent, HB 489, by substitute, as amended, was ordered immediately transmitted to the Senate.
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.

FRIDAY, MARCH 5, 1971

2147

The following amendment was read and adopted:

Mr. Mullinax of the 30th moves to amend HB 484 by adding after the words "consent of the owner, or" on line 21 of page 1, the following :

"without having first made a good faith negotiation with the owner, evidenced by writing, and said consent of the owner being refused, or" and by striking from line 24 of page 1, the following:

"without the consent of the owner,", and inserting in lieu thereof the following:

"in violation of subsection 1 of this subsection 26-1709 (a),", and by inserting after the words "engaged in radio", the following:

", background music'".

An amendment, offered by Mr. Burruss of the 117th, was read and withdrawn by the author.
The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend HB 484 by striking subsection "c" of the quoted Section 1 and adding the following in lieu thereof:
"(c) Any person whose rights are violated hereunder shall also have a right of civil action for damages and injunction."

An amendment, offered by Mr. Morgan of the 23rd, 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 Atherton Black Bohannon Brantley, H. H. Burruss Chappell Cole

Collins, S. Colwell
Connell Davis, W.
Dean, N. Dixon Edwards Egan

Ezzard Parrar Floyd, J. H.
Floyd, L. R. Gary Geisinger Grantham Greer

2148
Hadaway Ham Harris Housley Howard Hudson, C. M. Isenberg Jessup Jones, Herb Jones, J. R. Jordan Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S.

JOURNAL OF THE HOUSE,

Leggett Levitas Marcus Mauldin McDaniell
Moore Moyer Mulherin Nessmith Nunn Odom Patterson Phillips, W. R. Poole Reaves Roach Russell, H. P. Russell, W. B.

Shanahan Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Toles Townsend Tripp Turner Wamble Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those voting in the negative were Messrs. :

Adams, John Adams, Marvin
Alexander, W. H.
Alien Barfield
Bennett, J. T. Bennett, Tom
Berry Blackshear
Bostick Bowen Bray Brown, B. D. Brown, C. Buck
Busbee Carr
Carter Chance Chandler Cheeks Clements Coney, J. L.
Conger Cook Daugherty Davis, E. T.
Dean, Gib

Dean, J. E.
Dent Dorminy Drury Felton Fraser
Gaynor Gignilliat Grahl
Granade Griffin Hamilton Harrington
Harrison Hawes Hill, B. L.
Hill, G. Horton Howell Hudson, Ted Hutchinson
Johnson King Knight Lee, W. J. (Bill)
Logan Lowrey
Mason

Matthews, C. Matthews, D. R.
Maxwell McDonald
Melton
Milford Miller Morgan Mullinax
Murphy Northcutt
Patten Pearce
Peters Phillips, G. S. Phillips, L. L.
Potts Rainey Salem Scarborough Sherman Smith, H. R. Thomason
Thompson Triplett
Vaughn

Those not voting were Messrs.:

Alexander, W. M. Battle Bell

Bond Brantley, H. L.
Brown, S. P.

Collier Collins, M. Coney, G. D.

Dailey
Evans Gunter Hays Hood Keyton Lane, W. J. Lewis Longino

FRIDAY, MARCH 5, 1971

2149

McCracken
Merritt Miles Noble Oxford Pickard Pinkston Ross Rush

Russell, A. B.
Savage Shepherd Sims Snow Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 78, nays 82.

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

Mr. Burruss of the 117th 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 484, as amended.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 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.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Chapters 92-31 and 92-32 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder (the Georgia Income Tax Act of 1931, as amended), so as to change the method of computing the income tax liability of individual taxpayers; to provide certain credits against said liability; to provide a definition for Georgia taxable net income; to incorporate by reference certain provisions of the United States Internal Revenue Code of 1954 in effect on January 1, 1971; to provide that elections made by taxpayers under the said United States Internal Revenue Code of 1954 shall be required to be made by Georgia taxpayers; to amend Code Chapter 92-32 of the Code of Georgia, relating to the filing of income tax returns; to provide an effective date; to provide severability; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Chapter 92-31 of the Code of Georgia, as amended (the Georgia Income Tax Act of 1931, as amended), relating to the impo sition, rate and computation of Georgia income tax, and exemptions and deductions thereunder, is hereby amended by striking in its entirety subsection (a) of Section 92-3101, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected and paid annually with respect
to the Georgia taxable net income of the taxpayer as hereinafter defined; and upon every non-resident with respect to his Georgia taxable net income not hereinafter exempted, received by such tax payer from property owned or from business carried on in this State computed in accordance with the following tables:

Single Person

If Georgia Taxable Net Income is:

The tax is:

Not over $750 .____..____.--.___--..___----,,_.._.__-.-.__-.,,...__1%

Over $750 but not over $2250 .---_._-.____--,,_-_--__$ 7.50 plus 2% of amount over $750

Over $2250 but not over $3750 ,,._..,._,,.....___.._-__....._-_..$ 37.50 plus 3% of amount over $2250

Over $3750 but not over $5250 ...,,......,,..-..._-_.._.,,-.__,,.$ 82.50 plus 4% of amount over $3750

Over $5250 but not over $7000 --_-___--____--___.--_________$142.50 plus 5% of amount over $5250

Over $7000 ._......_...._._.._....-.__.._.-......_._......-_____.._-$230.00 plus 6% of amount over $7000

Married Person Filing a Separate Return

If Georgia Taxable Net Income is:

The tax is:

Not over $500 .-._.__.-.__-...__--__.--------,,----_--._-__-1%

Over $500 but not over $1500 __.-__...._._.-.._.__.._--._._.$ 5.00 plus 2% of amount over $500

FRIDAY, MARCH 5, 1971

2151

Over $1500 but not over $2500 --___~._.____...__$ 25.00 plus 3% of amount over $1500
Over $2500 but not over $3500 ,,....._._.._..._....___-...__,,.._? 55.00 plus 4% of amount over $2500
Over $3500 but not over $5000 _.____..___..__.___.___..._..__.$ 95.00 plus 5% of amount over $3500
Over $5000 __.._....._......._..............__...__._..._......._-_....-__$170.00 plus 6% of amount over $5000

Head of Household and Married Persons Filing a Joint Return

If Georgia Taxable Net Income is:

The tax is:

Not over $1000 _..._.._.__.__....._____._.__....._...-._!%

Over $1000 but not over $3000 ......__.......__..__.__,,____.___$ 10.00 plus 2% Of amount over $1000

Over $3000 but not over $5000 -._....._.-...._..._.__..............__.$ 50.00
plus 3% of amount over $3000

Over $5000 but not over $7000 ._.-.._.-..._.._-__...._.-..__....$110.00 plus 4% of amount over $5000

Over $7000 but not over $10,000 --._.._..__._,,....._--_..--$190.00 plus 5% of amount over $7000

Over $10,000 _.-._.-..._-..-.......__..-......-__._._...__....._.._._...........___$340.00
plus 6% of amount over $10,000

"To facilitate the computation of the tax by those taxpayers whose Federal adjusted gross income with the adjustments set out in Section 92-3107 for use in arriving at Georgia taxable net in come is less than $10,000, the State Revenue Commissioner may construct tax tables which may be used by such taxpayers at their option. The tax shown to be due by the tables shall be computed on the basis of the standard deduction and the foregoing tax rates.

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Insofar as practicable, such tables shall produce a tax approxi mately equivalent to the tax imposed by this subsection."

Section 2. Said Code Chapter is further amended by adding at the end of Section 92-3101 new subsection (c) through (e) to read as follows:

"(c) An additional credit shall be allowed against the tax im posed by this section as follows:

"(1) A single person or a married person filing a separate re
turn whose federal adjusted gross income is $3000 or less shall be allowed a credit of $15. For each dollar or fractional part thereof by which Federal adjusted gross income exceeds $3000, the credit shall be reduced by one dollar. No credit shall be allowed if Fed eral adjusted gross income is $3015 or more.

"(2) The head of a household or married persons filing a joint return whose federal adjusted gross income is $6000 or less shall be allowed a credit of $30. For each dollar or fractional part there of by which Federal adjusted gross income exceed $6000, the credit shall be reduced by one dollar. No credit shall be allowed if Fed eral adjusted gross income is $6030 or more.

"In no event shall the credit provided for in this subsection exceed the amount of the taxpayer's income tax liability computed without regard to the credit allowed in subsection (b).

"(d) The tax imposed by this section applies to the Georgia taxable net income of estates and trusts.

"(e) The Georgia taxable net income of an estate or trust shall be computed in the same manner as is the case of an indi vidual. The tax shall be computed on such Georgia taxable net in come and shall be paid by the fiduciary."

Section 3. Said Code Chapter is further amended by striking in its entirety Section 92-3106, relating to personal exemptions and credits, as amended, and inserting in lieu thereof a new Code Section 92-3106, to read as follows:

"92-3106 (a) In the case of an individual, the following ex emptions shall be allowed as deductions in computing Georgia tax able net income:

"(1) An exemption of $1500 for the taxpayer; and an addi tional exemption of $1500 for the spouse of the taxpayer if a joint return is not made by the taxpayer and his spouse, and if the spouse, for the calendar year in which the taxable year of the taxpayer begins, has no gross income and is not the dependent of another taxpayer.

FRIDAY, MARCH 5, 1971

2153

"(2) An additional exemption of $1500 for one dependent if the taxpayer is a head of household and has one or more de pendents whose principal place of abode is the taxpayer's home. If the taxpayer claims this exemption he shall not be entitled to any further exemption on account of the dependent with respect to whom this exemption is claimed.

"(3) An additional exemption of $700 for the taxpayer if he has attained the age of 65 before the close of his taxable year.

"(4) An additional exemption of $700 for the spouse of the taxpayer if a joint return is not made by the taxpayer and his spouse, and if the spouse has attained the age of 65 before the close of such taxable year, and for the calendar year in which the taxable year of the taxpayer begins, has no gross income and is not the dependent of another taxpayer.

"(5) An additional exemption of $700 for the taxpayer if he is blind at the close of his taxable year.

"(6) An additional exemption of $700 for the spouse of the taxpayer if a joint return is not made by the taxpayer and his spouse, and if the spouse is blind and, for the calendar year in which the taxable year of the taxpayer begins, has no gross in come and is not the dependent of another taxpayer. For purposes of this paragraph the determination of whether the spouse is blind shall be made as of the close of the taxable year of the taxpayer; except that if the spouse dies during such taxable year such de termination shall be made as of the time of such death.

"(7) An additional exemption of $700 for each dependent.
"(A) whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than $700, or
"(B) who is a child of the taxpayer and who (i) has not at tained the age of 19 at the close of the calendar year in which the taxable year of the taxpayer begins, or (ii) is a student.

"(8) An additional exemption of $700 for each of the follow ing persons who is a student at the college level or above:

"(A) The taxpayer. "(B) The taxpayer's spouse. "(C) The taxpayer's dependents.

"(9) An additional exemption of $700 for each dependent who is physically handicapped or mentally retarded and is not a ward of the state.

" (b) For purposes of this section.

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"(1) The term 'dependent' means any of the following indi viduals over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer.

"(A) A son or daughter of the taxpayer, or a descendent of either,

"(B) A stepson or stepdaughter of the taxpayer,

"(C) A brother, sister, stepbrother, or stepsister of the tax payer,

"(D) The father or mother of the taxpayer, or an ancestor of either,

"(E) A stepfather or stepmother of the taxpayer,

"(F) A son or daughter of a brother or sister of the taxpayer,

"(G) A brother or sister of the father or mother of the tax payer,

"(H) A son-in-law, daughter-in-law, father-in-law, mother-inlaw, brother-in-law or sister-in-law of the taxpayer,

"(2) The term 'brother' and 'sister' include a brother or sister by the halfblood.

"(3) The term 'child' means an individual who is a son, step son, daughter or stepdaughter of the taxpayer.

" (4) The term 'student' means an individual who during each of 5 calendar months during the calendar year in which the tax able year of the taxpayer begins--

"(A) is a full-time student at an educational institution; or

"(B) is pursuing a full-time course of institutional on-farm training under the supervision of an accredited agent of an educa tional institution or of a State or political subdivision of a State.

"(5) The term 'educational institution' means only an educa tional institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of stu
dents in attendance at the place where its educational activities are carried on.

"(6) The term 'physically handicapped or mentally retarded' means physically or mentally disabled to the extent that the de pendent is eligible to be a ward of the state.

FRIDAY, MARCH 5, 1971

2155

"(7) In determining whether any of the relationships specified in this subsection exists, a legally adopted child or an individual or a foster child of an individual shall be treated as a child of such individual by blood.

"(8) The determination of whether an individual is married shall be made as of the close of his taxable year; except that if his spouse dies during his taxable year such determination shall be made as of the time of such death.

"(9) An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be consid ered as married.

"(c) No exemption shall be allowed under this section for any dependent who has made a joint return with his spouse for the taxable year beginning in the calendar year in which the taxable
year of the taxpayer begins.

"(d) A deduction, in lieu of a personal exemption deduction, shall be allowed an estate and a trust as follows:
"An estate ._.__..______._..__.._..___._.__.._._..__$700
"A trust ._..__.._._._..___.__....__-__-_-_.-_-._.___$350"

Section 4. Said Code Chapter is further amended by striking in its entirety Section 92-3107, relating to the definition of "Gross In come," and inserting in lieu thereof a new Section 92-3107, to read as follows:

"92-3107. (a) Georgia taxable net income of an individual shall be the taxpayer's Federal adjusted gross income less

"(1) the standard deduction or the sum of all itemized nonbusiness deductions, whichever is taken by the taxpayer in comput ing Federal taxable income, and

"(2) the exemptions provided for in Section 92-3106, with the adjustments provided for in subsection (b).

"(b) (1) There shall be added to the taxable income, divi dend or interest income to the extent that the same is not included in gross income for Federal income tax purposes, on obligations of any State or political subdivision except the State of Georgia and Georgia political subdivisions. There shall also be added to taxable income interest or dividends on obligations of the United States or of any authority, commission, instrumentality, territory or possession of the United States which by the laws of the United States are exempt from Federal income tax but not from State income taxes.

"There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories

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and possessions or of any authority, commission or instrumentality of the United States to the extent includible in gross income for Federal income tax purposes but exempt from State income taxes under the laws of the United States. Any amount subtracted under this subsection shall be reduced by any expenses directly attrib utable to the production of the interest or dividend income.

" (2) There shall be added to taxable income any income taxes imposed by any taxing jurisdiction to the extent deducted in de termining Federal taxable income.

"(3) Where taxable income includes gains from property de termined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is higher. Where taxable income includes losses from property determined by using a basis established prior to January 1, 1931, an adjust ment may be made under rules established by the State Revenue Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less de preciation allowed or allowable, whichever is lower.

"(4) No portion of any deductions or losses, including net operating losses, which occurred in a year in which the taxpayer was not subject to taxation in Georgia may be deducted in any tax year. Where federal adjusted gross income includes such de ductions or losses an adjustment deleting them shall be made under rules established by the Revenue Commissioner. Losses incurred prior to the effective date of this law shall be deductible only to the extent allowed by the law at the time they were incurred and the Revenue Commissioner shall provide rules to preserve the deductibility of losses incurred in taxable years beginning prior to January 1, 1971, to the extent that such losses would have been deductible as net operating loss carryovers for a taxable year or years beginning on or after January 1, 1971, if the provisions of Section 92-3109 (m) of the Code of Georgia had continued in effect.
"(5) Income, losses and deductions previously used in com puting Georgia taxable income shall not again be used in com puting Georgia taxable income and the Commissioner shall provide for needed adjustments by regulation.

" (6) When on the sale or exchange of real or tangible per sonal property located in Georgia gain or loss is not recognized because the taxpayer receives or purchases similar property then such non-recognition shall be allowed, only when such property is replaced with property located in Georgia.

"(7) This law shall not be construed to repeal any tax ex emptions contained in other Georgia laws not referred to herein. Those exemptions and the exemptions provided by Federal law and treaty shall be deducted on forms provided by the Commis-

FRIDAY, MARCH 5, 1971

2157

"(8) All elections made by the taxpayer under the Internal Revenue Code of 1954 shall also apply under this Act."
Section 5. Said Code Chapter is further amended by striking, in its entirety, Section 92-3108, relating to the definition of "net income," and inserting in lieu thereof a new Section 92-3108, to read as follows:

"92-3108. Whenever the Internal Revenue Code of 1954 is re ferred to or used in this Act, it shall mean the United States In ternal Revenue Code of 1954 as it existed on January 1, 1971, and any term used in this Act shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in force and effect on January 1, 1971."

Section 6. Said Code Chapter is further amended by striking in their entirety the following Sections, to-wit:

(a) Section 92-3109, relating to deductions from gross in come;

(b) Section 92-3110, relating to items of expense not deductible;

(c) Section 92-3119, relating to the basis for determining gain and loss from the sale or other disposition of certain property;

(d) Section 92-3120, relating to the gain or loss in exchange of certain property;

(e) Section 92-3121, relating to the accelerated amortization of emergency facilities; and

(f) Section 92-3122, relating to distributions by certain fed erally-exempt trusts.

Section 7. Chapter 92-32 of the Code of Georgia, as amended, is hereby amended by striking Section 92-3201, relating to the filing of individual returns, and 92-3203, relating to the filing of fiduciary re turns, in their entirety and inserting in lieu of Section 92-3201, a new Section 92-3201 to read as follows:

"Section 92-3201. An income tax return with respect to the tax imposed by this law shall be filed with the State Revenue Com missioner by the following:

"(1) Every resident who is required to file a federal income tax return for the taxable year.

"(2) Every nonresident who has federal gross income from sources within this state.

"(3) Every resident estate or trust that is required to file a federal income tax return.

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"(4) Every nonresident estate or trust that has federal gross income from sources within this state.

"The State Revenue Commissioner may by regulation require taxpayers to file with the return required by this law a copy of all or any part of the taxpayers' federal income tax return for the corresponding period."

Section 8. The provisions of the several sections of this Act shall be deemed to be separable insofar as they or their meaning is not in separably connected and if any provisions of this Act shall be held un constitutional, such holding shall not affect any of the other provisions thereof.

Section 9. The provisions of this Act shall become effective im mediately upon its approval, or its otherwise becoming law, and shall apply to all taxable years beginning on or after January 1, 1971.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Atherton of the 117th, was read and lost.

The following amendment was read and adopted:
Messrs. Nunn and Moyer of the 41st move to amend the Committee substi tute to HB 287 as follows:
By inserting in the title before the phrase "to provide an effective date", the following:
"to suspend the time for filing certain documents under certain circumstances; to provide for taxes in the event of the death of certain members of the armed forces;"
By renumbering Sections 8, 9, and 10 as Sections 9, 10, and 11 respectively, and by inserting following Section 7 the following:
"Section 8. Said Chapter is further amended by inserting fol lowing Code Section 92-3121, two new Code Sections to read as follows:
92-3122. Time for performing certain acts postponed by rea son of war. In the case of an individual serving in the Armed Forces of the United States, or serving in support of such Armed Forces, in an area designated by the President of the United States by Executive order as a 'combat zone' (as that term is defined by the United States Internal Revenue Code of 1954) at any time during the period designated by the President by Executive order

FRIDAY, MARCH 5, 1971

2159

as the period of combatant activities in such zone, or hospitalized
as a result of injury received while serving in such an area during such time or any time during any period any such person shall be confined as a prisoner of the forces opposing the United States in such zone, the period of service in such area, plus the period of continuous hospitalization attributable to such injury, plus any such period of confinement, and the next 180 days thereafter, shall be disregarded in determining, whether any filing required by this Title shall have been performed within the time prescribed therefor.

92-3123. Taxes due for members of Armed Forces upon death. In the case of any individual who dies while in active service as a member of the Armed Forces of the United States, if such death occurred while serving in a combat zone (as that term is defined by the United States Internal Revenue Code of 1954) or as a re sult of wounds, disease, or injury incurred while so serving:

(1) any tax imposed by this Chapter shall not apply with re spect to the taxable year in which falls the date of his death, or with respect to any prior taxable year ending on or after the first day he so served in a combat zone after June 24, 1950; and

(2) any tax under this Chapter for taxable year preceding those specified in paragraph (1) which is unpaid at the date of his death (including interest, additions to the tax, an additional amounts) shall not be assessed, and if assessed the assessment shall be abated, and if collected shall be credited or refunded as an overpayment."

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, John Adams, Marvin Alexander, W. H. 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. Busbee Carr Carter Chandler Chappell Cheeks Clements Collier Collins, M.

2160
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

JOURNAL OF THE HOUSE,

Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg 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)
Lee, W. S.
Leggett
Levitas
Logan
Lowrey
Marcus
Matthews, C.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Miles
Milford
Miller
Moore
Morgan
Mulherin
Mullinax
Murphy
Nessmith
Noble
Northcutt
Nunn
Odom

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. 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
Townsend
Triplett
Vaughn
Wamble
Ware Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Hadaway

Mason

FRIDAY, MARCH 5, 1971

2161

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Atherton Blackshear Buck Burruss Chance Cole Dailey

Hood Jessup Lane, Dick Lewis Longino Matthews, D. K. McCracken Merritt Moyer

Oxford Pickard Rainey Savage Snow Tripp Turner Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 2.

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

Mr. Matthews of the 63rd stated that he had been called from the floor of the House when the roll was called on HB 287, by substitute, as amended, and wished to be recorded as voting "aye".
By unanimous consent, HB 287, by substitute, as amended, was ordered immediately transmitted to the Senate.
By unanimous consent, the following Bills of the House were withdrawn from further consideration, at each author's request:
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, as amended, 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 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.
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

2162

JOURNAL OF THE HOUSE,

each county, so as to transfer the responsibility of preparing such digest from the State Auditor to the State Revenue Commissioner; and for other purposes.

HB 191. By Messrs. Levitas of the 77th, Brantley of the 52nd, Nunn of the 41st, Davis of the 86th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to delete the provision relative to local units' share of the cost of the State wide public school educational television program; and for other purposes.

HB 406. By Messrs. Brown of the 32nd, Marcus of the 105th, Mullinax of the 30th, Busbee of the 61st and Howell of the 60th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to provide that 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 requirements to the State Board of Education, who shall compile all such requirements and present them to the State Super visor of Purchases; and for other purposes.

HB 407. By Messrs. Brown of the 32nd, Marcus of the 105th, 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 shall obtain insurance for their school buses; and for other purposes.

HB 674. By Messrs. Davis of the 75th, Mauldin of the 12th, Bell of the 73rd and others:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, as amended, so as to require children to enroll and attend a public or private school; 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", as amended, so as to provide that the funds necessary to pay regular teachers and vocational teach ers under Section 11 shall be computed separately; and for other pur poses.

FRIDAY, MARCH 5, 1971

216S

HB 964. By Messrs. Collins of the 72nd, Bell and Noble of the 73rd, and Floyd and Davis of the 75th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to change the provisions relating to the budgets of school districts borrowing funds for operations in anticipation of revenues from school system tax levies; and for other purposes.

The Speaker announced the House recessed until 2:00 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 Resolutions of the House were taken up for consideration and read the third time:

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.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 71-212 by changing the figure "$1305.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$934.70".

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 137, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 84-225. By Mr. Dixon of the 65th: A Resolution compensating Mr. Samuel D. Fulford d/b/a/ Mincy Ful ford Funeral Home; and for other purposes.
The following Committee amendment was read and adopted:

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JOURNAL OP THE HOUSE,

The Committee on Appropriations moves to amend HR 84-225 as follows:

By striking from line 13 of page 1 the following: "State Highway Department",

and by inserting in lieu thereof the following: "Department of Public Safety".

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 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 58-135. By Mr. Lewis of the 37th: A Resolution compensating Mr. Buddy Benton; 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 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 88-233. By Mr. Rush of the 51st: A Resolution to compensate Tattnall County; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 137, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, MARCH 5, 1971

2165

HR 105-270. By Mr. Busbee of the 61st:
A Resolution compensating the Royal-Globe Insurance Company; and for other purposes.

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

On the adoption of the Resolution, the ayes were 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 128-360. By Messrs. Westlake, Granade, Davis and Floyd of the 75th:
A Resolution compensating Mr. Frank G. Miller; 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 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 168-488. By Messrs. Gaynor of the 88th, Battle of the 90th, Gignilliat of the 89th, Hill of the 94th and others:
A Resolution compensating the Savannah Transit Authority; 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 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE HOUSE,

HR 179-578. By Mr. Lane of the 44th: A Resolution compensating W. R. Mobley; 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 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 181-578. By Mr. Colwell of the 5th: A Resolution compensating M. C. Wicht, Sr., and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 237-733. By Mr. Odom of the 61st: A Resolution compensating Mr. Elijah Wright; 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 137, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 138-425. By Mr. Smith of the 43rd: A Resolution compensating the Rev. Inman Gerald; and for other purposes.

FRIDAY, MARCH 5, 1971

2167

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 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 131-360. By Messrs. Brown and Melton of the 32nd: A Resolution compensating Mrs. Lillie S. Ard; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Compensating Mrs. Lillie S. Ard; and for other purposes.
WHEREAS, on or about September 2, 1970, Mrs. Lillie S. Ard, while at the Georgia State Farmer's Market at Forest Park, Georgia, sustained personal injuries as a result of an accident which happened when she approached a pulp machine, for the purpose of using same, and the floor around the machine had been left wet after cleaning, causing Mrs. Ard to slip and fall against a galvanized tub; and
WHEREAS, said accident caused Mrs. Ard severe pain and dam aged her rib cage which caused her to be hospitalized for three days; and
WHEREAS, Mrs. Ard incurred hospital, doctor and medical ex penses in the amount of $344.80 as a result of said accident; and
WHEREAS, insurance compensated Mrs. Ard for said expenses in the amount of $226.75, leaving the amount of $118.05 for which she has not been and cannot be compensated; and
WHEREAS, said accident occurred through no fault or negligence whatsoever on the part of Mrs. Ard and it is only just and proper that she be compensated for the amount not covered by insurance.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture is hereby authorized and directed to pay the sum of $118.05 to Mrs. Lillie S. Ard as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence.

2168

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

On the adoption of the Resolution, by substitute, the ayes were 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 230-698. By Mr. Colwell of the 5th:
A Resolution compensating Mr. Paul Hunsinger; and for other pur poses.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 230-698 by changing the figure "$1751.93" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$751.93".

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 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:
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 an Act relating to medical practitioners, so as to redesignate a certain code section; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Health and Welfare moves to amend HB 60 as follows:

FRIDAY, MARCH 5, 1971

2169

By adding at the end of quoted Code Section 84-907.5 of Section 2 the following sentence:

"The Board shall review the cases of all such persons at the end of seven (7) years, and the Board shall be authorized to re voke the license of any such person who shall have failed to be come a citizen of the United States at the end of such period of time."

Mr. Phillips of the 50th moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Aexander, W. M. Alien Atherton Battle Bell Bennett, Tom Black Bohannon Brantley, H. L. Bray Buck Burruss Carr Chance Chandler Chappell Cheeks Clements Cole Collins, M. 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

Evans Farrar Felton Floyd, L. R. Fraser Gary Gaynor Gignilliat
Grahl Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Hood Housley
Howard Howell Hudson, C. M. Hudson, Ted Isenberg 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 Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell Merritt Miles Milford Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L. Pickard Poole Potts Rainey Reaves Roach Ross Rush

2170
Russell, H. P. Russell, W. B. Salem Savage Shepherd Sherman Sims Smith, H. R.

JOURNAL OF THE HOUSE,

Smith, J. R. Snow Sweat Thomason Thompson Toles Triplett Turner

Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. H. Barfield Bennett, J. T. Berry Blackshear Bond Bostick
Bowen Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Busbee Carter Collier Collins, S, Dailey Daugherty Drury Edwards Egan

Ezzard Floyd, J. H. Geisinger Greer Gunter Harrison Horton Hutchinson Jessup Johnson Lambert Levitas Logan Longino Matthews, C.
Maxwell McCracken McDonald Melton Miller Moore

Morgan Murphy Patten Phillips, G. S. Phillips, W. R. Pinkston Russell, A. B. Scarborough Shanahan
Smith, V. T. Sorrells Stephens Strickland Townsend Tripp Vaughn Wamble Ware Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 133, nays 0.

The motion prevailed and the Senate amendment to HB 60 was agreed to.

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 dis trict attorneys in the performance of their official duties; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Special Judiciary moves to amend HB 27 as follows:

FRIDAY, MARCH 5, 1971

2171

By adding on page 2, line 14, subsection 3, after the word "in curred" the following:

"up to a maximum of Twenty-Five and no/100 ($25.00) Dollars per day".

Mr. Sorrells of the 24th 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
Bennett, J. T. Bennett, Tom Black Blackshear
Bohannon Bond
Bostick 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. 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
Felton Floyd, L. R. Fraser
Gary Gaynor Gignilliat
Grahl Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington
Harris 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 Logan Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Mauldin McDaniell Melton
Merritt Miles Milford Miller
Morgan Moyer Mulherin Mullinax
Nessmith Noble

2172
Northcutt Nunn Odom Patterson Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross

JOURNAL OF THE HOUSE,

Rush Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens

Strickland Sweat Toles Triplet* Tripp Turner Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative were Messrs. McDonald and Moore.

Those not voting were Messrs.:

Bell Berry Bowen
Brantley, H. H. Buck
Cole Cook Dailey Egan Ezzard
Floyd, J. H. Geisinger

Greer Harrison Hill, G.
Lewis Longino
Maxwell McCracken Murphy Oxford Patten
Pearce Phillips, L. L.

Pickard Russell, A. B. Salem
Smith, V. T. Thomason
Thompson Townsend Vaughn Ware Westlake
Mr. Speaker

On the motion, the ayes were 158, nays 2.

The motion prevailed and the Senate amendment to HB 27 was agreed to.

HB 65. By Messrs. Gunter and Moore of the 6th, Sweat of the 65th and others:
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 any property zoned for use other than commercial or industrial; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Special Judiciary moves to amend HB 65 as follows:
On page 1, line 15, after the word "place", insert the word "campaign".

FRIDAY, MARCH 5, 1971

2173

Mr. Gunter of the 6th moves 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 Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bennett, Tom Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. 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 Farrar Felton Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harrison Hawes 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 Kreeger Lambert
Lane, Dick
Lane, W. J.
Larsen, W. W.
Lee, W. S.
Leggett
Levitas
Logan
Lowrey
Marcus
Mason
Matthews, C.

Matthews, D. R. Mauldin McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman
Sims
Smith, H. R.
Smith, J. R.
Snow
Sorrells
Stephens
Strickland
Sweat
Thomason
Thompson
Toles

2174
Triplett Tripp Turner Vaughn

JOURNAL OP THE HOUSE,

Wamble Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wilson Wood

Those not voting were Messrs.:

Bell Bennett, J. T. Berry Brantley, H. H. Brown, S. P. Buck Collier Dailey Drury Ezzard Floyd, J. H. Geisinger Greer

Harris Hays Hill, G. Howard Knowles Larsen, G. K. Lee, W. J. (Bill) Lewis Longino Maxwell McCracken McDaniell

Noble Patten Pearce Phillips, L. L. Pickard Russell, A. B. Savage Smith, V. T. Townsend Ware Westlake Mr. Speaker

On the motion, the ayes were 158, nays 0.

The motion prevailed and the Senate amendment to HB 65 was agreed to.

Mr. Larsen of the 113th stated that he 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 65, and wished to be recorded as voting "aye".

HB 762. By Messrs. Keyton and Russell of the 70th, Miles and Cheeks 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", 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 following Senate amendments were read:
The Senate Banking & Finance Committee moves to amend HB 762 as follows:
1. By striking from the title thereof the words "to private, non profit hospitals" and inserting in lieu thereof the words "and services to non-profit general and mental hospitals."
2. By striking from Section 1 thereof the following:
"(d.l) Sales of tangible personal property to private, non profit hospitals";

FRIDAY, MARCH 5, 1971

2175

and inserting in lieu thereof the following:

"(d.l) Sales of tangible personal property and services to a non-profit general or mental hospital used exclusively by such hos pital in performing a general hospital or mental treatment function in this State, provided such hospital operates under a non-profit charter approved by the Internal Revenue Service of the United States Government and obtains a certificate of exemption from the State Revenue Commissioner."

Senator Webb of the llth moves to amend the Committee amend ment to HB 762 by inserting after the word "treatment" on the 5th line the words "or licensed nursing home",

and after the word "hospital" at the beginning of the 8th line, the words "or licensed nursing home".

Mr. Keyton of the 70th moved that the House disagree to the Senate amend ments.

The motion prevailed and the House disagreed to the Senate amendments to HB 762.

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

Mr. Speaker:

Your Committee on Rules met and submits the following supplement to the calendar already adopted this date, March 5, 1971, by adding the following:

HB

29. State Board of Barbers, Create (without Comm. Recommenda

tion)

HB

59. Director of Public Safety, Driver's Licenses

HB 118. Tenants Holding Over, Summons

HR 59-135. Convey State Owned Property

HB 137. Adjutant General; Ga. Military Forces

HB 161. Compact for Education HB 225. Malt Beverage Taxes, Wholesale Dealers

HB 270. Bad Checks, Refuse to Honor

HB 324. Ad Valorem Taxes, Tangible Property

HR 123-324. Intangible Tax, Negotiable Instruments

HB 326. County and Cities, Levy Alcoholic Tax

HB 343. Sales Tax, Motor Fuel Tax Law

HB 448. Motor Vehicles, Inspection of

HB 491. Water Quality Control Board

HR 169-492. Old-Age Survivor, Disability Benefits

2176

JOURNAL OF THE HOUSE,

HB 512. Grants, Municipalities, Streets HB 515. Jury Duty, Exempt Certain Persons HB 553. Divorce, Grounds for, Incurable Insanity HB 589. County Tax Digest, Intangibles HB 607. Peace Officer, Training Council HB 632. Education, Funds, Transferred, Lapsed HB 634. School Attendance, Compulsory Attendance HB 647. Abortions, Define Criminal Abortion HR 191-658. State Employees Awards Program HB 713. Waycross Judicial Circuit, Terms HB 721. Parking, State Capitol (Without Committee Recommendations) HB 724. Attorney General, Legal Counsel HB 778. Property Tax, Property Located in Two Counties HB 799. Land Sales, Out of State HB 804. Public Assembly Places, Sites HB 826. Real Estate Deeds, Liens HB 840. Armed Forces Members, Hold Public Office HR 270-842. Armed Forces Reserve, Members General Assembly HB 848. Harmful Materials, Establish Standards HB 849. Electronic Data Processing HR 273-870. Convey Property, City of Chattanooga HR 276-893. Corridor Loop Study Committee, Create HB 929. Sales Tax, Exempt Machinery HB 938. Alcoholic Beverage, Hours HR 284-938. Chatham County, Convey Quit Claim Deed to State HB 976. Superior Courts, Clerks, Close Office on Saturday HB 987. Coastal Marshlands, Protection HR 324-987. Joint Bank Holding Co. Study Committee, Create HB 989. Workmen's Compensation, Amend HB 1013. Motor Fuel, Self-Service Pumps

Except as therein amended, the provisions of the calendar heretofore sub mitted shall remain of full force and effect.
Respectfully submitted,
Busbee of 61st District,
Chairman

FRIDAY, MARCH 5, 1971

2177

The following Resolutions of the House were read and adopted:

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 Service; 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 re quired that the Chattooga River be studied for possible inclusion in the National 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 recreation resource planners; and by fishermen, whitewater canoeists, primitive campers and other outdoor recreation user groups as the single most significant cold water, white water river of it 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 Na tional 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 Southern High lands.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that it strongly endorses the proposal to desig nate the Chattooga River as a component of the National Wild and Scenic Rivers System.

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JOURNAL OF THE HOUSE,

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 establishing 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.

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
WHEREAS, he fought for a rehabilitation program in the correc tional 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 Coun ty.
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 im provement of government.

FRIDAY, MARCH 5, 1971

2179

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 Stephen Herbert Elliott, Sr.

HR 3'29. By Messrs. Bennett, Barfield and Reaves of the 71st, Bostick of the 63rd, Floyd 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.
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 accommodations and facilities for such overnight accommodations and to direct them to such facilities.
BE IT FURTHER RESOLVED that the Director of the Department of Public Safety is further requested to instruct the members of the State Patrol to employ the utmost courtesy to the members of the motor ing public who are so instructed.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is thereby authorized and instructed to transmit an ap propriate copy of this Resolution to the Director of the Department of Public Safety.

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JOURNAL OF THE HOUSE,

HR 365. By Mr. Melton of the 32nd:

A RESOLUTION

Commending Mr. E. F. "Gene" Robbing; and for other purposes.

WHEREAS, Mr. E. F. "Gene" Robbins of Griffin, Georgia, retired on February 26, 1971, after a long and productive career in the textile industry; and

WHEREAS, he moved to Griffin in 1945 from the Spring Mills of Chester, S. C., in order to assume the duties of Superintendent of the Griffin Division of the Thomaston Mills and later became General Man ager; and

WHEREAS, he has been an outstanding citizen of Griffin and has contributed immeasurably to the civic, religious and public affairs of
this community; and

WHEREAS, he and his lovely wife, Clara, have three outstanding sons, Gene, Jr., Jack and Bob.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Mr. E. F. "Gene" Robbins is hereby com mended for his long and outstanding service in the textile industry and his contributions to the progress and well-being of Griffin and the sur rounding area.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mr. E. F. "Gene" Robbins.

HR 366. By Mr. Melton of the 32nd:
A RESOLUTION
WHEREAS, the Georgia General Assembly meets annually and must complete its work within a period of only a few weeks, and
WHEREAS, the pace necessary to complete its work results in mental fatigue, and
WHEREAS, in order to combat fatigue and the physical strain re sulting from conscientious efforts to represent the best interests of their constituents the members find that coffee is most refreshing, and,
WHEREAS, the coffee, cups, spoons, and sugar provided by Hardee's Food Systems, of Rocky Mount, North Carolina through Hardee's of Griffin, Inc. is most delicious and refreshing, and
WHEREAS, the coffee station provided by said firm is one of the most popular spots within the halls of the General Assembly.

FRIDAY, MARCH 5, 1971

2181

NOW, THEREFORE, be it resolved by the House of Representatives of the State of Georgia that this body expresses its deep appreciation to Mr. Merle Christman, District Manager, Restaurant Division, Hardee's Food Systems, Rocky Mount, North Carolina and to Mr. Harold Melton, Manager, Hardee's of Griffin, Inc. for the delicious coffee furn ished the members of this body during the 1971 session of the Georgia General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is directed to forward copies of this resolution to Mr. Christman and Mr. Melton.

HR 367. By Mr. Brown of the 32nd:
A RESOLUTION
Commending the medical profession of Georgia; and for other pur poses.
WHEREAS, the medical profession of Georgia has rendered out standing medical service to the citizens of the State for many years; and
WHEREAS, many members of said profession contribute their time, energy and ability in treating the indigent sick and disabled of this State; and
WHEREAS, the vast majority of the members of said profession have rendered service with complete dedication, ability and honesty un der the Medicare and Medicaid programs; and
WHEREAS, the vast majority of the members of said profession also contribute their time and energy to civic affairs and are very in terested in the improvement of their communities and government at all levels.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the medical profession of Georgia for their outstanding service to the citizens of our State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Medical Association of Georgia.

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

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JOURNAL OF THE HOUSE,

HR 356. By Messrs. Geisinger of the 72nd, Nunn of the 41st, Atherton of the 117th and Larsen of the 113th:

A RESOLUTION

Urging the State Merit System to reconsider certain job classifica tions; and for other purposes.

WHEREAS, the people of the State of Georgia are becoming in creasingly concerned over the condition of the environment; and

WHEREAS, the State of Georgia has moved to the forefront in its efforts to combat pollution of the environment; and

WHEREAS, professional engineers trained in the field of environ mental pollution control are in higher demand today than ever before; and

WHEREAS, the Georgia Water Quality Control Board has en countered increasing difficulty in employing new engineers and retain ing engineers already employed at the salary scales made available by the State Merit System; and

WHEREAS, the Georgia Water Quality Control Board has requested on several occasions that action be taken by the State Merit System to reclassify engineering positions to make the State more competitive in the hiring and retention of engineers; and
WHEREAS, the State Merit System has failed to act positively on the requests for reclassification; and
WHEREAS, the failure of the State Merit System to reclassify the engineering positions has seriously retarded the effective efforts of the Georgia Water Quality Control Board to clean up pollution in this State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body does hereby place a very high priority on the cleanup of our environment which is evidenced by the passage of more stringent legislation for enforcement of agency pro grams and the appropriation of millions of dollars in grant funds.
BE IT FURTHER RESOLVED, that this body does hereby direct the State Merit System to proceed with all due speed to reconsider the requests of the Georgia Water Quality Control Board and take what ever action necessary to restore to that agency a competitive recruiting program for engineers and the ability to retain those engineers on its staff.

FRIDAY, MARCH 5, 1971

2183

HE 357. By Messrs. Marcus of the 105th, Smith of the 3rd and Brown of the 32nd:
A RESOLUTION

Urging the State Board of Health and the Director of the Depart ment of Public Health to create an office of genetics within the Depart ment of Public Health; and for other purposes.

WHEREAS, attention should be given to the possible genetic con sequences to man, in terms of health and disease, of contemporary so cial and population trends and technological developments, including pub
lic health and medical actions that are altering man's relationship to himself and to his rapidly changing environment; and

WHEREAS, many public health measures and medical care services can alter the genetic endowments of the population to which they are applied, and ultimately the genetic endowment of mankind as a whole; and

WHEREAS, it is one of the basic tasks of human genetics and public health together to discover what these alterations are likely to be and how the unwanted ones are to be avoided; and

WHEREAS, it would be a most worthwhile endeavor to create an office of genetics within the Department of Public Health.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this Body hereby urges the State Board of Health and the Director of the Department of Public Health to create an office of genetics within the Department of Public Health.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to each member of the State Baard of Health and to the Director of the Department of Public Health.

HR 358. By Messrs. Marcus of the 105th, Smith of the 3rd and Brown of the 32nd:
A RESOLUTION
Urging that the State Board of Health request that each major medical specialty appoint a consultant to the Board; and for other pur poses.
WHEREAS, the State Board of Health is composed of eighteen members, ten of whom are medical doctors; and
WHEREAS, the ten physicians are chosen to represent each of the congressional districts, and the method of choosing said physicians does not insure that medical specialties will be represented on the Board of Health; and

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JOURNAL OF THE HOUSE,

WHEREAS, it is extremely desirable that the State Board of Health have consultants available to represent the specialty fields of the medical profession in order to provide expert information or recommendations concerning their specialty.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the State Board of Health is hereby urged to request that each major medical specialty organization (obstetrics and gynecology, pediatrics, internal medicine, general surgery, psychiatry, and others as is determined in consultation with the Medical Association of Georgia) appoint a consultant to the State Board of Health, such consultant being offered an opportunity at least once a year to present the recommendations of his medical specialty concerning those matters of health pertinent to the specialty.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to each member of the State Board of Health and to the executive officers of the Medical Association of Georgia.

HR 359. By Messrs. Marcus of the 104th, Smith of the 3rd and Brown of the 32nd:
A RESOLUTION
Urging the State Board of Health and the Director of the Depart ment of Public Health to create the office of demography within the Department of Public Health; and for other purposes.
WHEREAS, the past, present and probable future of the population --in terms of total numbers, fertility, mortality trends, age and sex com position, occupation and mobility, and other reasonable characteristics-- make up the special domain of demography; and
WHEREAS, population dynamics are inseparable from public health; and
WHEREAS, every major change in the population has considerable impact on the measure and emphasis of public health programs; and
WHEREAS, it would be an important step forward in the State of Georgia for an office of demography to be established within the De partment of Public Health.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the State Board of Public Health and the Director of the Department of Public Health are hereby urged to create an office of demography within the Department of Public Health.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to each member of

FRIDAY, MARCH 5, 1971

2185

the State Board of Health and to the Director of the Department of Public Health.

HR 360. By Messrs. Ware of the 30th, Berry of the 85th, Hays of the 1st, Dean of the 19th and others:
A RESOLUTION
Authorizing the Defense and Veterans Affairs Committee to func tion after final adjournment of the 1971 Session of the General As sembly; and for other purposes.
WHEREAS, there is considerable activity in the field of veterans legislation on the State and National levels; and
WHEREAS, the State and Federal agencies administering veterans programs schedule seminars, training classes, service schools and conferences throughout the year to review legislation and rules and regu lations affecting veterans and veterans benefits; and
WHEREAS, the United States and Georgia Departments of Defense have placed a great deal of emphasis on the training and equipping of the Army and Air National Guard to meet State and National emer gencies; and
WHEREAS, it is the desire of the members of this body to cooperate with the State and Federal agencies administering defense and veterans programs and to stay abreast of the developments affecting veterans and veterans benefits and the military defense of our State and Nation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Defense and Veterans Affairs Commit tee is hereby authorized to function after final adjournment of the 1971 Session of the General Assembly of Georgia. The committee shall be authorized to conduct studies of State and Federal laws relating to veterans and veterans benefits and to cooperate and meet with State and Federal officials concerning veterans programs and to attend seminars, service schools and conferences conducted by State and Federal agencies administering veterans programs. The committee shall also be autho rized to cooperate and meet with military officials and to visit defense installations and units within the State of Georgia and to visit units at training sites both within and without the State of Georgia. The com mittee shall be authorized to function as a full committee or as sub committees appointed by the chairman. The committee may hold such meetings at such places, both within and without the State, and at such times as it considers expedient and may do all other things consistent with this resolution which are necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties, and accom plish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative mem bers 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 government. The committee

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shall make a report of its findings, recommendations and suggestions for proposed legislation, if any, to the 1972 Session of the General Assembly, at which time the authority granted by this resolution to the Defense and Veterans Affairs Committee shall stand abolished.

HR 361. By Messrs. Bell of the 73rd, Brown of the 110th and Jordan of the 74th:
A RESOLUTION
Creating the Local Government Zoning and Planning Study Com mittee; and for other purposes.
WHEREAS, the zoning and planning function is one of the most im portant powers that local governments are authorized to exercise; and
WHEREAS, there is a need for improved cooperation and coordi nation between local government and agencies of both local govern ments and the State government in connection with the exercise of this important power; and
WHEREAS, it would be of benefit to both local governments and the State government to make a study of ways and means to improve said cooperation and coordination.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is thereby created the Local Govern ment Zoning and Planning Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. Said Committee shall make a study relative to ways and means of improving cooperation and coordination between local governments and the agencies thereof and agencies of the State govern ment in the exercise of the zoning and planning powers by local govern ments.
BE IT FURTHER RESOLVED that each member of the Commit tee shall receive the allowances authorized by law for members of legis lative interim committees but shall not receive same for more than 10 days. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legisla tive 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 362. By Messrs. Atherton of the 117th, McDonald of the 15th, Levitas of the 77th, Hudson of the 28th and Mulherin of the 78th:
A RESOLUTION
Creating the House Study Committee on Ways and Means of Fi nancing Local Governments; and for other purposes.

FRIDAY, MARCH 5, 1971

2187

WHEREAS, the ways and means of financing local governments are now an immediate and pressing concern of not only local officials but of all people within the State; and
WHEREAS, logical and orderly alternatives to the ad valorem tax and ways and means to provide maximum efficiency in the administra tion of the ad valorem tax capital need to be studied; and,
WHEREAS, the relationships of local governmental services, im provements, and present and proposed taxes need to be examined.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the House Study Committee on Ways and Means of financing local governments to be composed of five (5) mem bers of the House who will be appointed by the Speaker of the House.
BE IT FURTHER RESOLVED, that the Committee shall be au thorized to study the present methods of financing local governments in Georgia; to explore various alternative methods of taxation other than the ad valorem property tax; to examine the relationship of govern mental services to tax sources and amount of taxes paid; to examine ways and means to improve the administration of the ad valorem tax; and to study any other matters pertaining1 to the financing of local gov ernments.
BE IT FURTHER RESOLVED, that the Committee shall be au thorized to cooperate with and to work in conjunction with any similar committee from the Senate.
BE IT FURTHER RESOLVED, that each member of said commit tee shall receive such expenses and allowances as provided by law for members of interim committees for each meeting of the Committee or subcommittees thereof attended by each such member and that the mem bers of the Committee or of subcommittees thereof shall be authorized to meet lor such number of days, not to exceed twenty (20) days, as may be necessary for the Committee to fully and effectively carry out its duties and responsibilities. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated or otherwise available to the legislative branch of government.
BE IT FURTHER RESOLVED, that the Committee shall be au thorized to function until the day the General Assembly convenes in regular session in January 1972, on which date the Committee shall stand abolished. The Committee may be abolished prior to that date upon a motion to that effect being made and duly adopted by a majority vote of said Committee. When its studies and recommendations are completed, the Committee shall issue its final report to the General Assembly.

HR 363. By Messrs. Collier of the 54th and Felton of the 95th:
A RESOLUTION
Creating the Rapid Transit Study Committee; and for other pur poses.

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WHEREAS, Atlanta's daily traffic tie-ups, the pollution and the lack of adequate parking all point toward the need for rapid transit; and

WHEREAS, the MARTA Board of Directors, their officers and ad vertising agencies have not done as well as they might have liked; and

WHEREAS, it might be helpful in resolving these dilemmas for a House Committee to thoroughly look into the need for rapid transit in the Atlanta area, and to take a strong stand after such an exhaustive study.

'NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Rapid Transit 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 al lowances authorized to legislative 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 gov ernment.

The following Resolution of the House was read and referred to the Commit tee on Education.

HR 364. By Messrs. Smith of the 39th, Russell of the 14th, Mauldin of the 12th, Rush of the 61st and others:
A RESOLUTION
Relative to certain sums of money owed to the State Department of Education; and for other purposes.
WHEREAS, it has recently been discovered that, through inad vertence, several local systems have failed to remit to the Teachers' Retirement System the correct proportionate share of the employer con tribution required by the Teachers' Retirement Act; and

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2189

WHEREAS, these sums have been paid by inadvertence by the State Department of Education; and

WHEREAS, a crisis would occur in many of these local systems if such systems were required to immediately discharge this obligation to the State Department of Education; and

WHEREAS, the situation should be thoroughly investigated in order to avoid any precipitous action which might jeopardize the stability of any local system.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Department of Education and other affected State officials are hereby requested to delay any action to col lect the above described sums from such local systems until the entire situation has been thoroughly investigated.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Natural Resources and referred to the Committee on Judiciary:

HB 999. By Messrs. Gary of the 21st, Thomason of the 77th, Phillips of the 50th, Geisinger of the 72nd and Felton of the 95th, Mrs. Merritt of the 46th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", as amended, so as to change the description of the State Flag of Georgia; and for other purposes.

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

HB 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"; and for other purposes.
The following Committee substitute was read and adopted:
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; to declare the purpose and policy of said Compact; to define the term "State"; to provide for the designation and appointment of the Georgia members of the Education Commission of the States; to pro vide for the operation of the Commission; to provide for the powers of the Commission; to provide for committees; to provide for eligible par-

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ties; to provide for entry into and withdrawal from the Commission; to provide for the construction and severability of this Compact; to provide for the establishment of the Georgia Education Council; to pro vide that funds appropriated to the executive branch of government may be used to carry out the provisions of this Act; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Compact for Education is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:

"COMPACT FOR EDUCATION

Article I. Purpose and Policy. (a) It is the purpose of this Compact to:

(1) Establish and maintain close cooperation and under standing among executive, legislative, professional and lay lead ership on a nationwide basis at the State and local levels.

(2) Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.

(3) Provide a clearing house of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of State Government and of local com munities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.

(4) Facilitate the improvement of State and local educa tional systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportuni ties, methods and facilities.
(b) It is the policy of this Compact to encourage and promote local and State initiative in the development, maintenance, improve ment and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and States.
Article II. State Defined. As used in this Compact, 'state' means a state, territory or possession of the United States, the Dis trict of Columbia, or the Commonwealth of Puerto Rico.

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Article III. The Commission.
(a) The Education Commission of the States, hereinafter called the 'Commission', is hereby established. The Commission shall con sist of seven members representing each party state. One of such members shall be the Governor; one shall be a member of the Geor gia Senate appointed by the President of the Senate; and one shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives. Legislative members shall serve for a term of two years concurrently with their term of of fice; and four shall be appointed by and serve at the leisure of the Governor. The guiding principle for the composition of the member ship on the Commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position to reflect broadly the interest of the State Government, higher education, the State education system, local education, lay and professional, pub lic and non-public educational leadership. Of those appointees, one shall be the head of a State agency or institution, designated by the Governor, having responsibility for one or more programs of public education.
(b) The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of those Commissioners present cast their vote in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the Commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee of the Execu tive Director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pur suant to Article IV and adoption of the annual report pursuant to Article III (j).
(c) The Commission shall have a seal.

(d) The Commission shall elect annually, from among its mem bers, a chairman, who shall be a Governor, a vice-chairman and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.

(e) Irrespective of the civil service, personnel, or other merit system laws of any of the party states, the executive director sub ject to the approval of the steering committee shall appoint, re move or discharge such personnel as may be necessary for the per formance of the functions of the Commission, and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Commission.

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(f) The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction.
(g) The Commission may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state or any other governmental agency. The Commission may accept for any of its purposes and functions under this Compact any and all donations, grants of money, equipment, supplies, materials and services, conditional or otherwise, from any person, firm, association, foundation, or corporation, and may re ceive, utilize and dispose of the same, with the approval of the steering committee or the Executive Director, if the committee shall so delegate, or, if the committee shall not so delegate, with the ap proval of a majority of the Commissioners. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be re ported in the annual report of the Commission. Such report shall in clude the nature, amount of conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
(h) The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Com mission may acquire, hold, and convey real and personal property and any interest therein.
(i) The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these by laws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
(j) The Commission annually shall make to the Governor and legislature of each party state a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable.
Article IV. Powers. In addition to authority conferred on the Commission by other provisions of the Compact, the Commission shall have the authority to:
(1) Collect, correlate, and analyze information and data concerning educational needs and resources.
(2) Encourage and foster research in all aspects of edu cation, but with special reference to the desirable scope of in struction, organization, administration, and instructional meth ods and standards employed or suitable for employment in public educational systems.
(3) Develop proposals for adequate financing of educa tion as a whole and at each of its many levels.
(4) Conduct or participate in research of the types re-

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2193

ferred to in this Article in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this Compact, utilizing fully the resources of national associations, regional Compact organiza tions for higher education, and other agencies and institutions.

(5) Suggest policies and plans for the improvement of public education as a whole, or for any segment thereof, and convey such suggestions to the appropriate governmental units, agencies and public officials.

(6) Do such other things as may be necessary or incidental to the administration of any of its authority or functions pur suant to this Compact. Article V. Committees.

(a) To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a steering committee of thirty-two members, which, subject to the provisions of this Compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One-fourth of the voting membership of the steering committee shall consist of Governors, one-fourth shall consist of legislators, and the remainder shall consist of other members of the Commission. A Federal representative on the Com mission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years. The chairman, vice-chairman, and treasurer of the Commission shall be members of the steering committee and, any thing in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the Commission at its next regularly ensuing meeting following the oc currence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steer ing committee; provided that service for a partial term of one year or less shall not be counted toward the two term limitation.

(b) The Commission may establish such additional committees as its bylaws may provide.

Article VI. Finance.
(a) The Commission shall advise the Governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the Commission's budgets of estimated ex penditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
(b) The total amount of appropriation requests under any bud get shall be apportioned among the party states. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.

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(c) The Commission shall not pledge the credit of any party states. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III (g) of this Compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it pursuant to Article III (g) thereof, the Commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
(d) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commis sion shall be subject to the audit and accounting procedures estab lished by its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public account, and the report of the audit shall be in cluded in and become part of the annual reports of the Commission.
(e) The accounts of the Commission shall be open at any reason able time for inspection by duly constituted officers of the party states and by any persons authorized by the Commission.
(f) Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.
Article VII. Eligible Parties; Entry Into and Withdrawal.
(a) This Compact shall have as eligible parties all states, territories and possessions of the United States, the District of Co lumbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term 'Governor', as used in this Compact, shall mean the closest equivalent official of such jurisdiction.
(b) Any state or other eligible jurisdiction may enter into this Compact by legislative Act and it shall become binding thereon when it has adopted the same.
(c) Any party state may withdraw from this Compact by en acting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Gov ernors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
Article VIII. Construction and Severability. This Compact shall be construed so as to effectuate the purposes thereof. The Provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any state or the application thereof to any government, agency, person or circumstance is held invalid,

FRIDAY, MAKCH 5, 1971

2195

the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby."

Section 2. Pursuant to Article III (i) of the Compact, the Com mission shall file a copy of its bylaws and any amendment thereto with the Secretary of State.

Section 3. There is hereby established the Georgia Education Council composed of the members of the Education Commission of the States representing this State and such other persons appointed by the Governor at his discretion to serve at his pleasure. Such other persons shall be selected so as to be broadly representative of professional and lay interest within this State having the responsibilities for, and interest in, the improvement of education. The Chairman shall be designated by the Governor from among its members. The Council shall meet on the call of the Governor or a majority of its members, but in any event the Council shall meet not less than three times in each year. The Council may consider any and all matters relating to recommendations of the Educa tion Commission of the States and the activities of the members in repre senting this State thereon.

Section 4. To the extent practicable, the facilities and the Staff of the Georgia Educational Improvement Council shall be utilized in carrying out the provisions of this Act.

Section 5. Funds appropriated or otherwise available to the execu tive branch of government of this State may be expended for the pur pose of carrying out the provisions of this Act.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bennett, Tom Blackshear

Bohannon Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Chance Chandler

Cole Coney, G. D. Coney, J. L. Connell Cook Daugherty Dean, Gib Dean, N. Dent

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Dixon Drury Evans Ezzard Farrar Felton Fraser Gary Gaynor Gignilliat Grahl Greer Hamilton Harrington Harris Hawes Hill, B. L. Horton Housley Howard Howell
Hudson, C. M. Isenberg Jessup Jones, Herb Jordan

JOURNAL OF THE HOUSE,

Knight Knowles Kreeger Lambert Lee, W. J. (Bill)
Lee, W. S. Levitas
Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell
McDaniell Melton Merritt Milford Miller Moore Moyer
Mulherin Nunn Odom Oxford Patterson

Pearce Phillips, L. L. Pickard Pinkston Potts
Russell, A. B. Scarborough Sherman Sims Smith, J. R. Smith, V. T.
Sorrells Strickland Thomason Thompson Toles Tripp Turner Vaughn Wamble
Wheeler, Bobby Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, G. D. Bell Bennett, J. T. Black Bostick Brantley, H. H.
Carter Chappell Clements Collier Colling, S. Conger Davis, W. Dean, J. E. Floyd, L. R. Geisinger Granade Grantham

Griffin Hadaway Ham Hays Hill, G. Hudson, Ted Johnson Keyton King Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Leggett Matthews, D. R. Mullinax Nessmith Noble

Patten Peters
Poole Rainey Reaves Roach Ross Russell, H. P. Salem
Savage Shanahan
Shepherd Smith, H. R.
Snow Stephens
Sweat Westlake Wheeler, J. A.

Those not voting were Messrs.:

Alien
Berry Bond Bowen Buck

Burruss
Carr Cheeks
Collins, M. Colwell

Dailey Davis, E. T. Dorminy Edwards
Egan

Floyd, J. H. Gunter Harrison Hood Hutchinson Jones, J. R. Lewis Longino

FRIDAY, MARCH 5, 1971

2197

McCracken McDonald Miles Morgan Murphy Northcutt Phillips, G. S. Phillips, W. R.

Rush Russell, W. B. Townsend Triplett Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 104, nays 54.

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

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.

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend HB 343 by adding a new section to read as follows:
Section 1A. An Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" approved February 20, 1951, (Ga. L. 1951, p. 360), as amended, is hereby amended by striking the word "No" at the beginning of Section 25 thereof, and by adding in lieu there of the following language:
"Except as the General Assembly may specifically authorize" so that Section 25, when so amended shall read as follows:
"Section 25. Political subdivisions prohibited from imposing sales or use taxes; exception. Except as the General Assembly may specifically authorize no county, municipality, school district or po litical subdivision of the State shall impose, levy, or collect a gross receipts, sales or use tax, or tax on amusement admission or services included in this Chapter: Provided, however, that the provisions of this section shall not be construed to apply to a fixed license, occu pational or franchise tax based on gross receipts or on a gross re ceipts basis: and Provided, further, that no county or municipality shall be prohibited from levying or collecting an excise tax on malt beverages and/or wine, or upon spirituous liquors."

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 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 Bar field Battle Bell Bennett, J. T. Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Colwell Coney, J. L. Conger Connell
Cook
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dent
Dixon
Dorminy
Edwards
Egan
Evans

Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Gei singer Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Horton Housley Howard Hudson, Ted Hutchinson Jessup 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.

Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston 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, V. T.
Snow
Sorrells
Stephens
Thomason

Thompson Toles Townsend Tripp Turner

FRIDAY, MARCH 5, 1971
Vaughn Wamble Ware Westlake Wheeler, J. A.

Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Brown, S. P.

Coney, G. D.

Leggett

Those not voting were Messrs.:

Black Brantley, H. L. Buck Collier Collins, S. Dailey Dean, Gib Dean, N. Drury Ezzard Felton Fraser

Grahl Hill, G. Hood Howell Hudson, C. M. Isenberg Johnson Jones, Herb Longino Matthews, D. R. McCracken

Murphy Oxford Pickard Rainey Roach Smith, J. R. Strickland Sweat Triplett Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 158, nays 3.

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

HB 29. By Messrs. Northcutt of the 21st, Barfield of the 71st, and others:
A Bill to be entitled an Act to create the Georgia State Board of Barbers; and for other purposes.

The following amendments were read and adopted:
Mr. Savage of the 104th moves to amend HB 29 by striking on page 6, line 4, the word "shall" and adding the words "may in his discretion"; and adding on page 6, line 5, after the word "of" the words "up to".
Mr. Northcutt of the 21st moves to amend HB 29 by deleting in its entirety Section 15, line 15 through line 18.
Mr. Northcutt of the 21st moves to amend House Bill No. 29 as fol lows:
By striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows:

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"Section 5. Members of Board; appointment; terms, quorum; business by telephone; removal; vacancies. The Board shall consist of three members, each of whom shall be appointed by the Governor and approved by the Secretary of State for a term of three years. A majority (2) 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, incom petence, 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 as provided herein to serve the unexpired term."
By striking the first sentence of Section 8 and inserting in lieu thereof a new first sentence of Section 8, to read as follows:

"The Board shall meet at least once each calendar quarter for three consecutive days."

By striking Section 14 in its entirety and inserting in lieu thereof a new Section 14, to read as follows:
"Section 14. Requirements for issuance of license to practice barbering. A license to practice barbering shall be issued to any person who:

(a) is at least 17 years of age; and
(b) has completed the 9th grade of school instruction or its equivalent; and
,/ (c) has completed a prescribed course of study of at least 1,500 hours in a licensed or approved barber school, or has served as an apprentice in a barber establishment for 3,000 hours; and

(d) presents a certificate of health, personally signed by a li censed physician of the healing arts on a form prescribed and furn ished by the Board; and

(e) satisfactorily passes a written and practical examination prepared or approved by the Board."
By striking Section 18 in its entirety and inserting in lieu thereof a new Section 18, to read as follows:

"Section 18. Barber apprentices; requirements for issuance of license. A license to practice barbering as an apprentice shall be issued to any person who shall furnish the Board:

(a) a certificate of health, personally signed by a licensed phy sician of the healing arts on a form prescribed and furnished by the Board; and

FRIDAY, MARCH 5, 1971

2201

(b) evidence that he has completed the 9th grade of school in struction or its equivalent; and

(c) evidence that he is practicing and has completed 3,000 hours under the constant and direct supervision of a licensed barber who has had at least three years of practical experience in the practice of barbering.

Provided, however, that a license to practice bartering as an apprentice shall not be renewed more than two times."

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 Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Blackshear Bohannon Bond Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Connell Davis, B. T. Davis, W. Dean Dixon Dorminy Drury Edwards

Evans Pelton Ployd, L. R. Gary Gaynor Gignilliat Grahl Grantham Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Horton Housley Hudson, C. M. Hudson, Ted Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan

Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Russell, A. B. Russell, H. P. Savage Scarborough Shepherd

2202
Sherman Smith, H. R. Smith, J. R. Snow Sorrells Stephens

JOURNAL OF THE HOUSE,

Strickland Sweat Thompson Tripp Turner Wheeler, Bobby

Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, John Bell Chance Coney, J. L. Conger Dean, N.

Egan Griffin Johnson King Larsen, G. K. Ross

Sims Toles Town send Triplett Westlake

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Berry Black Bowen Brantley, H. H. Brantley, H. L. Buck Collier Cook Dailey Daugherty Dean, J. E. Dent Ezzard Farrar Floyd, J. H.

Fraser Geisinger Granade Greer Harrison Hill, G. Hood Howard Howell Hutchinson Lane, W. J. Le vitas Lewis Longino McCracken McDaniell Morgan

Mullinax Murphy Nessmith Pearce Phillips, L. L. Pickard Rush Russell, W. B. Salem Shanahan Smith, V. T. Thomason Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 128, nays 17.

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

By unanimous consent, HE 29 was ordered immediately transmitted to the Senate.

HB 721. By Mr. Rush of the 51st:
A Bill to be entitled an Act authorizing the Georgia Building Au thority to provide parking spaces for certain State officials; and for other purposes.

FRIDAY, MARCH 5, 1971

2203

The following substitute, offered by Mr. Rush of the 51st, was read:

A BILL

To be entitled an Act to provide for parking spaces for the offices of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives; to provide for parking spaces for members of the General Assembly; to prohibit certain parking; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Three parking spaces shall be provided for each of the offices of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. The Secretary of State, in conjunction with the Governor, Lieutenant Governor and Speaker, shall designate the nine spaces by appropriate signs and each of the three officials shall designate the persons who are authorized to park motor vehicles in said spaces. Such spaces shall be provided on the streets bordering the State Capitol Building, except Hunter Street, and it shall not be necessary that all nine spaces be on the same street. Only members of the General Assembly are authorized to park their motor vehicles on that portion of Hunter Street bordering the State Capitol Building. The Secretary of State shall provide appropriate signs for this pur pose. During sessions of the General Assembly, only members of the General Assembly are authorized to park their motor vehicles on the other streets bordering the State Capitol Building, except for the nine spaces designated above. The Secretary of State shall provide appro priate signs for this purpose. No motor vehicle shall be parked on the streets bordering the State Capitol Building except as provided herein, and any motor vehicle parked in violation of the provisions of this Act shall be impounded and a citation for illegal parking shall be issued relative thereto.

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

The following amendment to the substitute was read and adopted:
Mr. Greer of the 95th moves to amend the substitute to HB 721 by re-numbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
The State Building Custodian shall be authorized to maintain forty-five (45) parking spaces on the present upper level parking deck for members of the Legislature during the period of time when the Legislature is not in session. The members of the Legis lature shall pay for these parking spaces when occupied at the same rate the general public now pays for said parking spaces.

The substitute, as amended, was adopted.

2204

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 98,, nays 7.

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

By unanimous consent, HB 721 was ordered immediately transmitted to the Senate.

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; and for other purposes.

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 Blackshear Bond
Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee
Carr Chance Chandler Cheeks
Clements Collins, S.

Coney, J. L. Conger
Connell Cook Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, N. Dent
Dixon Dorminy Drury
Edwards Egan Evans Ezzard Felton
Floyd, L. R. Fraser Gary Gaynor
Gignilliat Grahl

Grantham Griffin
Hadaway Ham Hamilton Harrington
Harris Hawes Hays Hill, B. L.
Hill, G. Horton Housley
Howard Howell Hudson, C. M. Hudson, Ted Isenberg
Jessup Johnson Jones, Herb Jones, J. R.
Jordan Keyton

King Knight Knowles 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 McDaniell McDonald Melton Merritt Miles Milford Miller

FRIDAY, MARCH 5, 1971
Moore Moyer Mulherin Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, H. P. Savage Scarborough

2205
Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bostick Chappell

Larsen, W. W. Mullinax

Ware

Those not voting were Messrs.:

Atherton Berry Black Bohannon Bowen Brantley, H. H. Brown, S. P. Buck Burruss Carter Cole Collier Collins, M. Colwell Coney, G. D. Dailey

Dean, J. E. Farrar Floyd, J. H. Geisinger Granade Greer Gunter Harrison Hood Hutchinson Kreeger Levitas Lewis Longino Matthews, D. R. McCracken

Morgan Murphy Noble Odom Pickard Reaves Russell, A. B. Russell, W. B. Salem
Shepherd Smith, V. T. Sorrells Thomason Wamble Mr. Speaker

On the passage of the Bill, the ayes were 143, nays 5.

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

2206

JOURNAL OF THE HOUSE,

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, so as to provide for the exclusion from the consideration or value of the interest or property conveyed the amount of any lien or iiicumbrance existing prior to the sale and not removed thereby; and for other purposes.

The following amendment was read and adopted:
Mr. Hawes of the 95th moves to amend HB 826 as follows:
By inserting a new sentence at the end of the sentence which ends on line 21 of page 4, which new sentence shall read as follows:
"Such certificate may be relied upon by subsequent purchasers or lenders as evidence that the proper tax has been paid.".

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 Bar field Bell Bennett, Tom Black Blackshear Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Busbee Chance Chandler Cheeks Clements Cole Colling, M. Coney, G. D. Coney, J. L. Connell Cook

Davis, E. T.
Dean, N. Dent Dixon Edwards Egan Evans Felton Gary Grahl Granade
Greer Hadaway Ham Hamilton Harrington Hawes Hill, G. Horton Howell Hutchinson Isenberg Jessup Johnson

Jones, J. R. Jordan Keyton King Knight Knowles Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lowrey Mauldin McDonald Melton Miles
Miller Morgan Mullinax Nessmith Northcutt Odom

Patterson Patten Phillips, G. S. Poole Potts Reaves Roach Ross Russell, H. P. Russell, W. B.

FRIDAY, MARCH 5, 1971
Savage Scarborough Shanahan Shepherd Sherman Sims Snow Stephens Strickland Sweat

2207
Toles Townsend Tripp Turner Wamble Wheeler, Bobby Wheeler, J. A. Williams

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. H. Alien
Battle Bostick Carr
Carter Chappell Davis, W. Dean, Gib Dorminy

Gaynor Gignilliat Grantham Hays Hudson, Ted Lambert Logan Marcus Mason Maxwell Milford

Moyer Nunn Peters Russell, A. B. Smith, H. R. Sorrells Thompson Triplett Westlake Whitmire Wood

Those not voting were Messrs.:

Bennett, J. T. Berry Bohannon Bond Bo wen Bray Brown, S. P. Buck Burruss Collier Collins, S. Colwell Conger Dailey Daugherty Dean, J. E. Drury Ezzard Farrar Floyd, J. H. Floyd, L. E.

Fraser Geisinger Griffin Gunter Harris Harrison Hill, B. L. Hood Housley Howard Hudson, C. M. Jones, Herb Levitas Lewis Longino Matthews, C. Matthews, D. R. McCracken McDaniell Merritt Moore

Mulherin Murphy Noble Oxford Pearce Phillips, L. L. Phillips, W. R. Pickard Pinkston Rainey Rush Salem Smith, J. R. Smith, V. T. Thomason Vaughn Ware Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 100, nays 33.

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

2208

JOURNAL OF THE HOUSE,

Messrs. Marcus of the 105th and Nunn and Moyer of the 41st stated that they inadvertently voted "Nay". They intended to vote "Aye".

By unanimous consent, HB 826 was ordered immediately transmitted to the Senate.
HB 463. By Messrs. Leggett of the 67th, Bohannon and Patterson of the 20th, Drury of the 66th and Patten of the 63rd:
A Bill to be entitled an Act to authorize the Attorney General to insti tute actions to revoke the charters of domestic corporations which are controlled by persons engaged in organized crime; 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 Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Bohannon Bowen Brantley, H. L. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chappell Cheeks Clements Cole 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 Dixon Drury Edwards Egan Evans Farrar Felton Floyd, L. R. Fraser Gary Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Hamilton Harrington

Hawes Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson
Isenberg Jessup Johnson Jones, J. R. 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 Logan Lowrey Marcus

Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Nunn

FRIDAY, MARCH 5, 1971
Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Reaves Roach Rush Russell, W. B. Salem Savage Scarborough Shepherd Sherman

2209
Sims Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Blackshear Bray Brown, B. D.

Ham Hill, B. L. Knight

Mullinax Potts Ross

Those not voting were Messrs.:

Bell Berry Black Bond Bostick Brantley, H. H. Buck Chance Chandler Collier Colwell Dailey Dean, Gib Dorminy Ezzard Floyd, J. H. Gaynor

Geisinger Grahl Harris Harrison Hays Howell Jones, Herb Jordan Keyton Lewis Longino McCracken Murphy Noble Northcutt Pearce Phillips, L. L.

Pickard Rainey Russell, A. B. Russell, H. P. Shanahan Smith, H. R. Smith, V. T. Thompson Townsend Vaughn Ware Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 9.

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

2210

JOURNAL OF THE HOUSE,

HB 724. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to authorize the Attorney General, upon the request of a State agency, to employ private counsel therefor; and for other purposes.

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 Bennett, J. T. Bennett, Tom 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, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar Felton Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington 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 Keyton King Knight 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. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer

Mulherin Mullinax Murphy Nessmith Nunn Odom Patterson Pearce Peters Phillips, G. S. Phillips, W. K. Pinkston Poole Potts Rainey

FRIDAY, MARCH 5, 1971
Reaves Roach Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells

2211
Strickland Sweat Thomason Thompson Toles Tripp Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Bell Berry Brantley, H. H. Buck Collier Colwell Dailey Ezzard Floyd, J. H. Geisinger Greer Harris

Johnson Jones, Herb Knowles Lewis Longino Matthews, D. R. McCracken Merritt Noble Northcutt Oxford Patten

Phillips, L. L. Pickard Ross Russell, H. P. Shanahan Smith, V. T. Stephens Townsend Triplett Vaughn Ware Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 0.

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

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.

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:

2212

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 Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Bostick Brantley, H. H. Brantiey, 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
Dixon
Dorminy
Drury
Edwards
Egan

Evans Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway
Ham Hamilton Harrington Harrison Hawes Hill, B. L. Hill, G. Hood Horton Housley 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
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell

McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Nunn Odom Oxford Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow
Stephens
Strickland
Sweat
Toles
Townsend
Tripp
Turner
Vaughn
Wamble
Westlake
Wheeler, Bobby
Wheeler, J. A.
Wilson

FRIDAY, MARCH 5, 1971

22ia

Those not voting were Messrs.:

Barfield Bell Berry Bowen Buck Dailey Ezzard Farrar Felton Floyd, J. H. Geisinger Greer Harris

Hays Howard Jones, Herb Lee, W. J. (Bill) Lewis Longino McCracken McDaniell Noble Northcutt Patten Pearce Pickard

Russell, A. B. Russell, W. B. Savage Smith, V. T. Sorrells Thomason Thompson Triplett Ware Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 0.

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

HB 848. By Messrs. Howard of the 117th, Leggett of the 67th and others. A Bill to be entitled an Act to establish standards to determine what materials are harmful; to prohibit the sale of certain materials; and for other purposes.
The following Committee amendments were read and adopted:
The Committee on Special Judiciary moves to amend HB 848 as follows:
By adding the following sentence at the end of line 13, Page 1:
"Nudity" shall not include a work of sculpture which shows the human pubic area."
By adding the following after the word "penalties;" in line 4, Page 1:
"to provide for affirmative defenses; to provide for severability;"
By adding Section 4A on Page 3 as follows:
"Section 4A. The provisions of this Act shall not apply when the sale, furnishing, lending, giving or exhibition of such mate rials occurs in the bona fide course of law enforcement activities, medical, scientific, or educational research or study. If this issue is not presented by the evidence of the prosecution, the defendant may raise the same as an affirmative defense by presenting evi-

2214

JOURNAL OF THE HOUSE,

dence thereon. Where raised, the prosecution must sustain the bur den of proof that the defendant is guilty beyond a reasonable doubt as to such issue.

By renumbering Section 6 as Section 7 and adding the following to be known and designated as Section 6:

"Section 6. 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 were not originally a part here
of. 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."

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. Bennett, Tom Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter

Chance Chandler Chappell
Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.
Conger Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Edwards Egan Evans Ezzard 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, G. Hood Horton Housley Howard

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 Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin

FRIDAY, MARCH 5, 1971
Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Patterson Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Ross Rush

2215
Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Strickland Sweat Thomason Toles Triplett Tripp Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Alexander, W. H. Brown, B. D.

Hill, B. L.

Thompson

Those not voting were Messrs.:

Berry Blackshear Bond Buck Cheeks Connell Cook Dailey Daugherty Dean, J. E. Dent Farrar

Felton Hamilton Howell Knight Levitas Longino McCracken Merritt Mullinax Murphy Oxford Pearce

Pickard Roach Russell, A. B. Russell, W. B.
Smith, V. T. Stephens Townsend Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 157, nays 4.

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

2216

JOURNAL OF THE HOUSE,

By unanimous consent, HB 848 was ordered immediately transmitted to the Senate.

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 cretain excise taxes; and for other purposes.

Mr. McDonald of the 15th moved that HB 326 be tabled.

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

Those voting in the affirmative were Messrs.

Brantley, H. L. Clements Jones, Herb Leggett

McDonald Moyer Nes smith Ross

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 Blackshear Bond Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Cole Collins, M. 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 Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin

Scarborough Thompson Tripp
Gunter Hadaway Ham Hamilton Harrington Harris Hawes Hays Hill, G. Hood 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.

Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Morgan Mulherin Mullinax

FRIDAY, MARCH 5, 1971
Noble Northcutt Nunn Odom Patten Peters Phillips, G. S. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman

2217
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Tbles Town send Turner Vaughn Wamble Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Barfield Bennett, J. T. Black Bohannon Bowen Brantley, H. H. Buck Collier Collins, S. Dailey Drury Edwards

Floyd, J. H. Geisinger Harrison Hill, B. L. Howell King Larsen, W. W. Logan Longino McCracken Murphy Oxford

Patterson Pearce Phillips, L. L. Pickard Poole Rush Triplett Ware Wheeler, J. A. Mr. Speaker

On the motion to table, the ayes were 11, nays 150.

The motion to table was lost.

The following Committee substitute was read:
A BILL
To be entitled an Act to authorize certain counties and municipali ties to levy and impose certain excise taxes; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.

2218

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Each county and municipality in which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink is permitted shall be authorized to impose, levy and collect an excise tax of ten percent (10%) per drink upon the sale of such bever ages.

Section 2. The rate of taxation, manner of its imposition, payment, collection and all other procedures related thereto shall be provided for by each county and municipality electing to exercise powers herein conferred.

Section 3. Any tax imposed by a county under this Act shall not be applicable in the limits of any municipality which imposes such a tax.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read:
Mr. Matthews of the 63rd moves to amend the Committee substitute to HB 326 by striking Section 1 in its entirety and by inserting in lieu thereof a new Section 1 which shall read as follows:
"Section 1. Each county and municipality in which the sale of malt beverages, distilled spirits or alcoholic beverages is permitted shall be authorized to impose, levy and collect an excise tax at wholesale of (10%) upon the sale of such beverage to the retailer."

The following amendment to the Matthews amendment was read:
Mr. Brown of the 81st moves to amend the Matthews amendment / "buypatdod"i.ng after the word "of" on line 6 of said amendment the words

On the adoption of the amendment to the Matthews amendment, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 5, 1971

2219

Those voting in the affirmative were Messrs.

Bennett, Tom Bray Brown, S. P. Carr Coney, G. D. Cook Daugherty Davis, E. T. Evans Gary Gunter Hadaway

Ham Harrison Hawes King Knight Leggett Logan Marcus McDonald Miller Nunn Pearce

Potts Ross Russell, W. B. Scarborough Shanahan Sweat Thomason Thompson Whitmire Williams Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Berry Blackshear Bostick Brown, C. Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements
Cole
Collins, M. Colwell Coney, J. L. Conger Connell Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Egan Ezzard Farrar Floyd, J. H.

Floyd, L, R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hamilton Harrington Harris Hays Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas Lewis

Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt
Odom Patten Peters Phillips, G. S. Pinkston Poole Rainey Reaves Rush Russell, A. B. Russell, H. P. Salem Savage Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow

2220
Sorrells Stephens Strickland Tbles

JOURNAL OF THE HOUSE,

Townsend Tripp Turner
Vaughn

Wamble Westlake Wheeler, Bobby
Wilson

Those not voting were Messrs.:

Barfield Bennett, J. T. Black
Bohannon Bond Bowen
Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Collier Collins, S.

Dailey Drury Edwards
Pelton Hill, B. L. Howell
Knowles Lee, W. J. (Bill) Longino McCracken Murphy Oxford

Patterson Phillips, L. L. Phillips, W. R.
Pickard Roach Shepherd
Triplett Ware Wheeler, J. A. Mr. Speaker

On the adoption of the amendment to the Matthews amendment, the ayes were 36, nays 125.

The amendment to the Matthews amendment was lost.

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

Those voting in the affirmative were Messrs.:

Adams, John Adams, Marvin Alien
Bostick Bowen
Brantley, H. L. Bray
Brown, S. P. Carter Chance Colwell
Coney, G. D. Coney, J. L.
Dean, N. Dorminy Floyd, J. H. Gary
Granade
Grantham

Gunter Ham Hill, G.
Hudson, Ted Johnson
Jones, J. R. King
Knight Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Leggett Logan
Lowrey Matthews, D. R. Mauldin McDonald
Milford

Moore Nessmith Northcutt
Patten Potts
Rainey Ross
Rush Salem Shanahan Smith, J. R.
Stephens Strickland
Toles Wheeler, Bobby Whitmire Williams
Wood

FRIDAY, MARCH 5, 1971

2221

Those voting in the negative were Messrs.

Adams, G. D. Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bennett, Tom Berry Blackshear Brown, C. Burruss Chandler Chappell Cheeks Clements Cole Collins, M. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gaynor Geisinger

Gignilliat Grahl
Greer Griffin Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton
Housley Howard Hudson, C. M. Hutchinson Isenberg Jessup Jones, Herb Jordan Keyton Knowles Kreeger Lambert Larsen, G. K. Larsen, W. W. Lee, W. S.
Levitas Lewis Marcus Mason Matthews, C. Maxwell McDaniell Melton

Merritt Miles Miller Morgan Moyer Mulherin
Mullinax Noble Nunn Odom Pearce Peters Phillips, G. S. Phillips, W. E. Pinkston Poole Reaves Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shepherd
Sherman Sims Smith, H. R. Snow Sorrells Sweat Thomason
Thompson Townsend Vaughn Wamble Westlake Wilson

Those not voting were Messrs.:

Barfield Bennett, J. T. Black Bohannon Bond Brantley, H. H. Brown, B. D. Buck Busbee Carr Collier

Collins, S. Dailey Drury Edwards Hadaway Howell Longino McCracken Murphy Oxford Patterson

Phillips, L. L. Pickard Roach
Smith, V. T. Triplett Tripp Turner Ware Wheeler, J. A. Mr. Speaker

On the adoption of the Matthews amendment, the ayes were 55, nays 108.

2222

JOURNAL OF THE HOUSE,

The amendment was lost.

The following amendment to the Committee substitute was read and adopted:

Mr. Connell of the 79th moves to amend the Committee substitute to HB 326 by adding to line 10 in Section 1 after the word "beverages" the words: "Based upon the total retail price to the customer of the drink."

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 Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Carr Carter Chandler Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Conger Connell Cook

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Edwards
Egan Evans Ezzard Farrar Felton Floyd, L. K. Fraser
Gaynor Geisinger Gignilliat Grahl Granade Greer Griffin Gunter Hadaway Ham Hamilton Harrington
Hawes Hays Hill, B. L. Hill, G. Hood

Horton Housley Howard Hudson, C. M. Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason
Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Miles

Milford Miller Moore Morgan Mulherin Mullinax Noble Northcutt Nunn Odom Patterson Patten Peters Phillips, G. S. Phillips, W. R. Pinkston

FRIDAY, MARCH 5, 1971
Poole Potts Reaves Roach Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells

2223
Stephens Strickland Sweat Thomason Toles Townsend Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Wilson

Those voting in the negative were Messrs.:

Brantley, H. L. Coney, J. L. Dean, N. Dorminy Floyd, J. H. Gary Grantham Harris Harrison

Hudson, Ted Hutchinson King Lane, W. J. McDonald Moyer Nessmith Pearce Rainey

Ross Rush Salem Shanahan Smith, J. R. Thompson Tripp Williams Wood

Those not voting were Messrs.:

Barfield Bennett, J. T. Bond Bowen Brantley, H. H. Buck Busbee Chance Chappell

Collier Collins, S. Dailey Drury Howell Johnson Larsen, W. W. Longino McCracken

Merritt Murphy Oxford Phillips, L. L. Pickard Triplett Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 27.

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

By unanimous consent, HB 326 was ordered immediately transmitted to the Senate.

2224

JOURNAL OF THE HOUSE,

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, from work due to a specific member injury; and for other purposes.

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. M. Atherton Battle Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, J. E. Dean, N.

Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson 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 Lowrey Marcus Matthews, C. Maxwell McDaniell McDonald Melton Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith
Noble Northcutt Nunn Odom Patterson 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 Savage

FRIDAY, MARCH 5, 1971
Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson

2225
Toles Townsend Triplett Tripp Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. H. Alien Barfield Bell Bennett, J. T. Bond Brown, B. D. Buck Can-
Cole Collier Collins, S. Dailey Daugherty Dean, Gib

Drury Pelton Fraser Geisinger Grahl Hill, G. Horton Howell Hudson, C. M. Jones, Herb Keyton Lambert Lewis Longino Mason

Matthews, D. R. Mauldin McCracken Merritt Miller Murphy Oxford Pickard Ross Thomason Turner Ware Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 0.

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

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.
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:

2226

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, Tom Berry Black Blackshear Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chandler Chappell Clements Cole Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser

Gary Gaynor Gignilliat Granade Grantham Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, Ted
Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. McDaniell McDonald
Melton Merritt Miles Milford Moore

Morgan Mulherin Mullinax
Murphy Nessmith
Noble Northcutt Nunn
Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.
Pinkston Poole Potts Rainey Reaves Ross Rush
Russell, H. P.
Russell, W. B. Salem Savage Shanahan
Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow
Stephens Strickland Sweat Toles Townsend Triplett Tripp Turner Vaughn
Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson

Those voting in the negative were Messrs.:

Davis, E. T. Hadaway

King

Patterson

FRIDAY, MARCH 5, 1971

2227

Those not voting were Messrs.:

Barfield Bennett, J. T. Bohannon Bond Bostick Bowen Buck Carter Cheeks Collins, S. Dailey Dean, Gib Drury Egan Felton

Geisinger Grahl Greer Hood Howell Hudson, C. M. Jones, Herb Lambert Lee, W. S. Lewis Longino Mason Mauldin Maxwell McCracken

Miller Moyer Odom Oxford Pickard Roach Russell, A. B. Scarborough Smith, J. R. Sorrells Thomason Thompson Ware Wood Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 4.

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

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 pro visions relating to the membership of the Georgia Peace Officer Stand ards and Training 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 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 Bennett, Tom Black Blackshear Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell

Cheeks Clements Cole Collier Collins, M. Colwell Connell Coney, G. D. Coney, J. L. Cook Davis, E. T. Davis, W.

2228
Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan King

JOURNAL OF THE HOUSE,

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. B. Mauldin McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith
Noble Northcutt Nunn Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. B.

Pinkston Poole Potts Reaves Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. B. Smith, J. R. Smith, V. T. Snow 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.:

Alexander, W. H. Barfield Bell Bennett, J. T. Berry Bohannon Bond Brown, B. D. Buck Collins, S. Conger Dailey Daugherty Dean, Gib Drury

Felton Grahl
Greer Griffin Hadaway Hill, B. L.
Hood Horton Howell
Hudson, C. M. Jones, Herb Keyton
Lambert Levitas Lewis

Longino Mason Maxwell McCracken Murphy
Odom Oxford Phillips, G. S.
Pickard Rainey
Roach Russell, A. B. Thomason Ware Mr. Speaker

FEIDAY, MARCH 5, 1971

2229

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

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

Mr. Lewis of the 37th stated that he had been called from the floor of the House when the roll was called on HB 607, and he wished to be recorded as voting "aye".

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 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.
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. M. Alien Atherton
Battle Bennett, Tom Berry Black Blackshear Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Carr Carter Chance

Chandler Chappell Cheeks Clements Cole Collier
Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan

Evans Ezzard Farrar Felton Floyd, L. K. Fraser
Gary Gaynor Geisinger Gignilliat Grantham Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G.

2230
Housley Howard Hudson, Ted Hutchinson Isenberg 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. Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin

JOURNAL OF THE HOUSE,

McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves Rush Russell, H. P.

Russell, W. B.
Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Snow Sorrells Stephens Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Bohannon

Leggett

Those not voting were Messrs.:

Alexander, W. H. Barfield Bell Bennett, J. T. Bond Brown, B. D. Buck Busbee Collins, S. Dailey Daugherty Dean, Gib Drury Floyd, J. H. Grahl

Granade
Greer Hadaway Hood Horton Howell Hudson, C. M. Jessup Lambert Levitas Longino Mason Maxwell McCracken Odom

Patterson
Oxford Patten Pickard Pinkston Rainey Roach Ross Russell, A. B. Savage Smith, J. R. Smith, V. T. Strickland Thomason Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 3. The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 5, 1971

2231

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.

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 Adams, Marvin Alexander, W. H. Alexander, W. M. 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. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Collier Coiling, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W.

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 Granade Grantham Greer Griffin Gunter Ham Hamilton
Harrington Harris Harrison Hawes Hays Hill, B. L. Horton Housley Howard 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 McDaniell McDonald Melton 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.

2232
Phillips, W. R. Pinkston Poole Potts Reaves Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough

JOURNAL OF THE HOUSE,

Shanahan Shepherd Sherman Sims Smith, H. R Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thompson

Townsend Triplett Tripp Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield
Bennett, J. T. Buck Cole
Collins, S. Dailey
Daugherty
Dean, Gib Drury Grahl
Hadaway

Hill, G.
Hood Howell Hudson, C. M.
Jones, Herb Lambert
Leggett
Levitas Longino Mason
McCracken

Oxford
Pickard Rainey Roach
Savage Strickland
Thomason
Toles Turner Wheeler, Bobby
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 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.

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, Tom
Berry
Black Blackshear

Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Coiling, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger, J. W. Connell Cook Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Ezzard
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Gaynor
Geisinger
Gignilliat
Grantham
Greer
Griffin
Ham
Hamilton

FRIDAY, MARCH 5, 1971

2233

Harrington Harris Harrison Hawes Hays Hill, G. Horton 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. Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer
Mulherin

Mullinax Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Snow Sorrells Stephens Sweat Thomason Thompson Toles Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Westlake
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Voting in the negative was Mr. Evans.

2234

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Battle Bennett, J. T. Brantley, H. L. Buck D alley Daugherty Dean, Gib Drury Edwards Egan Grahl

Granade Gunter Hadaway Hill, B. L.
Hood Jones, Herb Lambert Longino Mason McCracken Murphy Nessmith

Oxford Phillips, W. R. Pickard Roach Savage Smith, J. R. Smith, V. T. Strickland Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 1.

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

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.

The following amendment was read:

Mr. Williams of the llth moves to amend HB 1013 as follows:
By inserting in the title in line 6 on page 1 between the word "li cense;" and the word "to" the following:
"to require an attendant to be present at the dispensing pump location;".
By striking from the title in lines 6 and 7 on page 1 the following:
"to provide that nothing herein shall be construed to repeal, modify or abrogate any rule or regulation of any State agency;".
By striking from line 1 on page 2 the words, "he or it shall have" and inserting in lieu thereof the following:
"an attendant is present at the pump's location and such person, firm or corporation shall have obtained".
By striking Section 3 in its entirety and by renumbering Sections 4 and 5 as Sections 3 and 4, respectively.

FEIDAY, MARCH 5, 1971

2235

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 Bennett, Tom Black Blackshear Bohannon Bowen Brantley, H. L. Brown, C. Brown, S. P. Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Evans Farrar Floyd, J. H.

Floyd, L. R. Gaynor Granade Grantham Greer Hamilton Harrington Harris Harrison Hays
Hill, G. Howell Hudson, Ted Hutchinson Isenberg Johnson Jordan Keyton King Lane, W. J. Lee, W. J. (Bill) Logan Lowrey Marcus Matthews, C.
Matthews, D. R. Mauldin Maxwell McDonald Melton Miles Milford Moore Morgan Moyer

Mullinax Nessmith Northcutt Patterson Patten Pearce Peters Phillips, L. L. Rainey Reaves Ross Rush Salem Scarborough
Shanahan Shepherd Sims Smith, H. R. Smith, V. T. Snow Sorrells Sweat Thompson Toles Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Bell Bray Chappell Coney, J. L. Conger Cook Egan Felton

Fraser Gary Geisinger Gignilliat Griffin
Ham Hawes Hill, B. L. Horton Housley

Howard Jones, J. R. Knight Knowles Kreeger Lane, Dick Larsen, G. K.
Lee, W. S. Leggett Levitas

2236
McDaniell Miller Mulherin Noble Odom

JOURNAL OF THE HOUSE,

Phillips, G. S. Poole
Potts Russell, A. B.
Russell, W. B.

Savage Thomason
Townsend Wilson

Those not voting were Messrs.:

Barfield Battle Bennett, J. T. Berry Bond Bostick
Brantley, H. H. Brown, B. D,
Buck Burruss
Collier Collins, S. Dailey
Daugherty Dean, Gib
Drury

Edwards Ezzard Grahl Gunter Hadaway Hood
Hudson, C. M. Jessup
Jones, Herb Lambert
Larsen, W. W. Lewis Longino
Mason McCracken
Merritt

Murphy Nunn Oxford Phillips, W. R. Pickard Pinkston
Roach Russell, H. P.
Sherman Smith, J. R.
Stephens Strickland Triplett
Ware Wheeler, Bobby
Mr. Speaker

On the adoption of the amendment, the ayes were 103, nays 44.

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, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle
Bennett, Tom Black

Bostick Bowen
Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee
Carr Carter

Chance Chandler
Chappell Cheeks Clements Cole Collins, M. Colwell
Coney, G. D. Conger

Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Gignilliat Granthani Greer Griffin Hadaway Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, Ted Hutchinson Johnson Jones, J. R.

FRIDAY, MARCH 5, 1971

2237

Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Odom Patterson

Patten Pearce Peters Phillips, G. S. Phillips, L. L. Poole Rainey Reaves Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, V. T. Snow Sorrells Sweat Thompson Toles Townsend Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Bell Bohannon Bray Coney, J. L. Cook Edwards

Egan Gary Geisinger Hawes Knowles Larsen, G. K.

Potts Ross Savage Stephens

Those not voting were Messrs.:

Barfield
Bennett, J. T. Berry Blackshear Bond Brantley, H. H. Buck

Collier Collins, S. Dailey Drury Ezzard Farrar Grahl

Granade Gunter Ham Hood Howell Hudson, C. M. Isenberg

2238
Jessup Jones, Herb Lambert Levitas Longino Mason McCracken McDonald Murphy

JOURNAL OF THE HOUSE,

Nunn Oxford Phillips, W. R. Pickard Pinkston Roach Sherman Smith, J. R. Strickland

Thomason Triplett Tripp Ware Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 133, nays 16.

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

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.

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, 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 Cole

Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy

Edwards Egan Evans Farrar Eelton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Horton Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight

FRIDAY, MARCH 5, 1971

2239

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 Nessmith Northcutt Nunn Odom Patterson Patten Pearce

Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves 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 Sweat Thompson Townsend Tripp Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Cheeks.

Those not voting were Messrs.:

Bennett, J. T. Buck Clements Collins, S. Conger Dailey Drury Ezzard Grahl Hill, G.

Hood Howell Hudson, C. M. Jones, Herb Longino McCracken Murphy Noble Oxford Pickard

Rainey Roach Smith, H. R. Strickland Thomason Toles Triplett Westlake Wheeler, Bobby
Mr. Speaker

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 164, nays 1.

The Bill, having received the requisite constitutional majority, was passed.
HR 270-842. By Mr. Levitas of the 77th:
A RESOLUTION
Proposing an amendment to the Constitution to strike and super sede Article III, Section IV, Paragraph VI, so as to permit members of the Reserve Components of the Armed Forces of the United States to serve as members of the General Assembly; to permit persons to serve upon fact-finding and policy-making agencies of the Federal Government and to be compensated therefor without prejudice to their right to serve in the General Assembly; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III, Section IV, Paragraph VI of the Constitution, as amended, is hereby amended by striking said Paragraph VI in its en tirety and inserting in lieu thereof a new Paragraph VI to read as fol lows:
"Paragraph VI. Eligibility; appointments forbidden.--No per son holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers and enlisted men of the militia and of the Reserve Components of the Armed Forces of the United States, nor any de faulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Repre sentative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment hav ing any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat: Pro vided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term: Provided, further, how ever, that, without prejudice to his right to hold office as a Senator or Representative, any person may accept appointment to, and may receive his expenses and compensation arising from, membership upon any commission, board, panel, or other fact-finding or policymaking agency appointed by the President of the United States or other Federal authority, where such appointment is of a temporary nature and the duties are not such as to interfere materially with the person's duties as a member of the General Assembly. Accept ance of such an appointment and receipt of the emoluments there from shall not bar the right of any person to hold the office of Sen ator or Representative or to accede to either of said offices."

FRIDAY, MARCH 5, 1971

2241

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 permit members of the General Assembly to serve as members of Reserve Components of the Armed
NO ( ) Forces of the United States and to serve on Fed eral fact-finding and policy-making panels?"

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 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, J. E. Dean, N. Dent Dixon Dorminy Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer

2242

JOURNAL OF THE HOUSE,

Griffin 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, 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 Matthews, C. Matthews, D. E. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer
Mulherin Mullinax Nessniith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey

Reaves 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
Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn WamHe Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Barfield Bennett, J. T. Blackshear Buck Dailey Dean, Gib Drury Edwards Egan Grahl

Gunter Hood Jones, Herb Lambert Longino
Mason McCracken
Moore Murphy Oxford

Phillips, W. R. Pickard Roach Smith, J. R.
Strickland Ware Wheeler, Bobby Mr. Speaker

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

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

FRIDAY, MARCH 5, 1971

2243

HR 169-492. By Messrs. Lane of the 101st, Rainey of the 47th, Savage of the 104th and 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 of age or over qualifying for a homestead exemption of $4,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:

"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 in come of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. 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 affi davit 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 Assembly may provide by law for the proper administration of this exemption
including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after
December 31, 1968.",

and substituting in lieu thereof the following paragraph:

"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 oc cupied by him as a residence if his net income, together with the net

2244

JOURNAL OF THE HOUSE,

income of his spouse who also occupies and resides at such home stead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability benefits, 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 sub ject 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 Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption pro vided for herein shall apply to all taxable years beginning after De cember 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:

"YES ( ) Shall the Constitution be amended so as to pro vide that federal old-age, survivor or disability
NO ( ) benefits shall not be included in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00?"

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.

FRIDAY, MARCH 5, 1971

2245

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 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, 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 Hadaway Hamilton Harrington Harris Harrison 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 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 Nefismith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.

2246
Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow

JOURNAL OF THE HOUSE,

Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner

Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. I/fixon.

Those not voting were Messrs.:

Black Bray Dailey Floyd, J. H. Ham Hawes

Howell Longino Matthews, D. R. McCracken Pinkston Smith, V. T.

Townsend Vaughn Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 178, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Mr. Buck of the 84th requested the following communication appear in the Journal:
HOUSE OF REPRESENTATIVES ATLANTA, GEORGIA March 5, 1971

Honorable Glenn W. Ellard Clerk House of Representatives Atlanta, Georgia
Dear Jack:

Because of pressing business matters I will have to be absent from the House on March 6, 1971.

The purpose of this letter is so that you can record the same in the
House Journal. Very truly yours,

TBB :btm

Thomas B. Buck, III By: Bernice Moore

FRIDAY, MARCH 5, 1971

2247

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 (Saturday) morning.

2248

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Saturday, March 6,1971

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. William Smith, Pastor, Israel Baptist Church, Atlanta, Georgia:

Dear Lord,

Thou hast indeed been bountiful. As we look back over the years, how gracious Thou hast been, how tender Thy mercy, how warm and constant Thy Love.

Create within us, Our Father, that true gratitude that shall make this day one of rededication.

May we, in gratitude, get on with the job of creating not only a nation but a world in which all men shall have the right to seek happiness.

Help us to make that dream come true in our homes day by day, in street and office and school, and so to live that Thou shalt be able to bless the nation for which we pray. In His Name, who created us a Nation, we pray.

;

Amen.

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

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

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of 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.

SATURDAY, MARCH 6, 1971

2249

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, Saturday, March 6, 1971, and submits the following:

HB

19. Criminals Trials, Accused Testify.

HB

20. Criminal Cases, State's Right to Appeal.

HB

59. Director of Public Safety, Driver's Licenses.

HB

118. Tenants Holding Over, Summons.

HR 59- 135. Convey State Owned Property.

HB

137. Adjutant General; Ga. Military Forces.

HB

196. Employees Retirement System, Interest.

HB

197. Board of Correction, Directors Compensation.

HB

200. Public Safety, Director's Compensation.

HB

225. Malt Beverage Taxes, Wholesale Dealers.

HB

267. Capital Felonies, Plead Guilty.

HB

270. Bad Checks, Refuse to Honor.

HB

324. Ad Valorem Taxes, Tangible Property.

HR 123- 324. Intangible Tax, Negotiable Instruments.

HB

424. Misdemeanor, Reduce Number of Jurors P.P.

HR 144- 425. Misdemeanor Cases, Jury.

HB

448. Motor Vehicles, Inspection of.

HB

491. Water Quality Control Board.

HB

512. Grants, Municipalities, Streets.

HB

515. Jury Duty, Exempt Certain Persons.

HB

553. Divorce, Grounds for, Incurable Insanity.

HB

647. Abortions, Define Criminal Abortion.

HR 191- 658. State Employees Awards Program.

HR 192- 658. Convey Property, Baldwin County.

HB

666. Cigarette Tax, Veterans Home.

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JOURNAL OF THE HOUSE,

HB

788. Motor Fuel Tax, Aviation Gas Dealers.

HB

799. Land Sales, Out of State.

HB

809. Public Assistance Act, Repayment of Sums.

HR 273- 870. Convey Property, City of Chattanooga,

HR 276- 893. Corridor Loop Study Committee, Create.

HB

929. Sales Tax, Exempt Machinery.

HB

938. Alcoholic Beverage, Hours.

HR 284- 938. Chatham County, Convey Quit Claim Deed to State.

HB

976. Superior Courts, Clerks, Close Office on Saturday.

HB

987. Coastal Marshlands, Protection.

HR 324- 987. Joint Bank Holding Company, Study Committee Create.

HB 1014. Bail Bond Business, Elected Official.

HB 1018. Taxing Laws, Method of Making Refunds.

HB 1019. Motor Carriers Tax, Refunds.

HB 1020. Motor Fuel Tax, Law, Making Refunds.

ALL COMPENSATION RESOLUTIONS

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

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1046. By Mr. Fraser of the 59th: A Bill to be entitled an Act to amend an Act vesting in the tax com missioners of certain counties all the powers and duties of sheriffs rela tive to collection of all tax fi. fas., so as to change the counties to which said Act applies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 355-1046. By Mr. Wamble of the 69th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall have power to exempt certain nursery stock grown in soil from taxation; and for other purposes.
Referred to the Committee on Ways and Means.

SATURDAY, MARCH 6, 1971

2251

HB 1047. By Mr. Hill of the 94th:
A Bill to be entitled an Act to add one additional Judge of the superior court of the Eastern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1048. By Mr. Hill of the 94th:
A Bill to be entitled an Act to add one additional judge to the State Court of each county having a population of not less than 170,000 and not more than 195,000; to provide for the appointment of such additional judge by the Governor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1049. By Mr. Hill of the 94th : A Bill to be entitled an Act to abolish the Municipal Court of Savan nah; to provide for transferring of all documents, records and pending cases to other courts with the jurisdiction to accept same; and for other purposes.
Referred to the Committee on State Planning1 & Community Affairs--Local Legislation.
HB 1050. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Collins and Geisinger of the 72nd, Bell and Noble of the 73rd, Jordan and Vaughn 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 change the provisions relative to the amount of funds needed for library books and non-con sumable teaching materials and aids; and for other purposes.
Referred to the Committee on Education.
HB 1051. By Messrs. Adams and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Zebulon, so as to increase the terms of office of the councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1052. By Messrs. Adams and Smith of the 39th:
A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Pike County, so as to provide that any state

2252

JOURNAL OF THE HOUSE,

chartered bank having its principal place of business located in Pike County may serve as the county depository; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1053. By Messrs. Adams and Smith of the 39th:
A Bill to be entitled an Act to create and establish a Small Claims Court in Pike County, to prescribe the jurisdiction of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 368-1053. By Messrs. Adams and Smith of the 39th: A Resolution to relieve Harold Adkerson as surety; and for other purposes.
Referred to the Committee on Judiciary.

HR 369-1053. By Messrs. Adams of the 100th, Miller of the 83rd, Scarborough of the 81st, Conger of the 68th, Hudson of the 48th, Edwards of the 45th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to impose a tax on casualty insurers and allocate the proceeds derived therefrom to certain of the retirement funds of certain law enforcement officers; and for other purposes.
Referred to the Committee on Insurance.

HB 1055. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Preston in Webster County, so as to redefine the corporate limits of said town; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SATURDAY, MARCH 6, 1971

2253

HB 1056. By Messrs. Larsen and Chappell of the 42nd, and Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Dublin Judicial Circuit, so as to change the provisions relating to the compensation of said court reporter; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1057. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend Code Section 30-202.1 relating to grants of attorneys' fees in actions of alimony, divorce and alimony or contempt of court arising out of same to be a final judgment, in order that said fees shall be paid to the attorney for the wife, the payment shall be enforced in the name of the wife, for the use of said attorney, or by attachment or contempt or by writ of fieri facias; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1058. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to protect trade and commerce against un reasonable restraints of trade and other anticompetitive practices; and for other purposes.
Referred to the Committee on Industry.

HB 1059. By Messrs. Marcus of the 105th, Levitas of the 77th, Brown of the 32nd and Smith of the 3rd:
A Bill to be entitled an Act to authorize a pregnant female of any age and marital status to give consent for medical examinations and treatment, without having to obtain parental consent; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1060. By Messrs. Marcus of the 105th, Levitas of the 77th, Brown of the 32nd and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to provide that children who have dropped out of school for the reason of being pregnant shall be afforded an opportunity to complete their education; and for other purposes.
Referred to the Committee on Education.

HB 1061. By Mr. Dean of the 19th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rockmart in the County of Polk, so as to provide that city

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JOURNAL OF THE HOUSE,

taxes shall become due and payable in two equal installments each year; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1062. By Mr. Dean of the 19th: A Bill to be entitled an Act to amend an Act creating the Polk County Water Authority, so as to change the residence requirements necessary for membership; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 370-1062. By Mr. Dean of the 19th: A Resolution proposing an amendment to the Constitution so as to provide for the collection of ad valorem taxes in Polk County in two equal installments each year; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
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 1063. By Messrs. Murphy and Dean of the 19th: A Bill to be entitled an Act to amend an Act incorporating the City of Buchanan, so as to change the provisions relating to the election of Mayor and Councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1068. By Mr. Phillips of the 38th: A Bill to be entitled an Act to repeal the present charter of the City of Talbotton; to provide a new charter for said city; 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 1021. By Messrs. Toles and Adams of the 9th: A Bill to be entitled an Act to amend an Act classifying property for taxation and levying taxes on certain classes of intangible personal

SATURDAY, MARCH 6, 1971

2255

property, so as to provide that nothing in said Act shall be construed to require any person whose intangible tax would amount to $10 or less to file an intangible tax return; and for other purposes.

HB 1022. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Shiloh, so as to change the corporate limits of said city; to change the term of office of the mayor and councihnen; and for other purposes.

HB 1023. By Mr. Jones of the 4th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the Superior Court of Gilmer County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1024. By Mr. Jones of the 4th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gilmer County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 1025. By Messrs. Lowrey, Toles and Adams of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to provide that the election of members for the Board of Education be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.

HB 1026. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend an Act establishing the Bacon County-City of Alma Joint Planning Commission, so as to change the composition of the planning commission; and for other purposes.
HB 1027. By Mr. McDonald of the 15th: A Bill to be entitled an Act to amend an Act establishing the City Court of Jefferson, so as to change the provisions relative to the salary of the judge and solicitor of said court; and for other purposes.
HR 333-1027. By Mr. Burruss of the 117th: A Resolution proposing an amendment to the Constitution so as to provide State departments and State agencies with the authority to

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JOURNAL OF THE HOUSE,

disburse State funds to match federal funds in order to provide qualified employees with subprofessional technical and professional education scholarships and to establish the terms and conditions of educational scholarships; and for other purposes.

HB 1028. By Messrs. Gignilliat of the 89th and Battle of the 90th:
A Bill to be entitled an Act to amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.

HB 1029. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the county of Dodge, so as to change the compensation allowable for the additional deputy Sheriff; and for other purposes.
HB 1030. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Dodge County, so as to change the allowable compensation of the Clerk of the Commissioner; and for other purposes.
HB 1031. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Dodge County, from the fee and salary system to the salary system exclusively, so as to change the compensation allowable to the Clerk of the Ordinary; and for other purposes.
HB 1032. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employees of the Tax Commissioner of Dodge County; and for other purposes.
HR 345-1032. By Mr. Cook of the 95th: A Resolution compensating Michael G. Mische; and for other purposes.
HR 346-1032. By Messrs. Nunn of the 41st, Lee and Odom of the 61st and Dixon of the 65th: A Resolution relative to the establishment of a permanent standing com mittee designated as the Legislative Audit Committee, the implementa tion of an Operational and Management Audit Program in the Office of the State Auditor; and for other purposes.

SATURDAY, MARCH 6, 1971

2257

HB 1033. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Taylor County on a salary basis in lieu of a fee basis of compensation, so as to change the compensation of the sheriff and the deputy sheriff; and for other purposes.

HB 1034. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Taylor County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1035. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 1036. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Taylor County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1037. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to amend Code Section 92-3102, relating to the taxation of the income of corporations, so as to provide that there shall be subtracted from taxable income certain interest and royalties received from sources without the United States; and for other purposes.

HB 1038. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to establish a special taxing district com prising all the area within Pinkneyville General Militia District No. 406 to be known as Gwinnett County Recreation District No. 1; and for other purposes.

HB 1039. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to delete therefrom the provision relative to the duties of the judge of said circuit as judge of the juvenile court of Gwinnett County; and for other purposes.

2258

JOURNAL OF THE HOUSE,

HB 1040. By Messrs. Davis, Westlake, Floyd and Granade of the 75th, Lane of the 101st and Savage of the 104th:
A Bill to be entitled an Act to prohibit theaters in this State from ad vertising scenes of coming attractions except under certain circum stances; and for other purposes.

HB 1042. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to create and establish an Airport Au thority for Gwinnett County, and to authorize such Authority to ac quire and maintain all such facilities, including real property; and for other purposes.

HB 1043. By Messrs. Scarborough, Bennett, Evans, and Pinkston of the 81st, Coney of the 82nd, Miller of the 83rd, Dean and Mason of the 13th, Phillips of the 38th and others:
A Bill to be entitled an Act relating to blind persons; concerning the operaiton of vending facilities on State, county and city property, duties and powers of the Department of Family and Children Services; and for other purposes.
HB 1044. By Messrs. Marcus of the 105th, Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to create the Council on Maternal Health; to provide for its appointment, composition, duties and meetings; and for other purposes.
HB 1045. By Messrs. Davis of the 75th, Dean of the 76th, Noble and Bell of the 73rd, Eussell and Thomason of the 77th, Collins and Geisinger of the 72nd, Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 56-1310, relating to fees and taxes on insurance companies, so as to provide that in coun ties having a population of not less than 400,000 and not more than 600,000, such county may levy an annual license fee on each life insur ance company doing business within the unincorporated area of the county; and for other purposes.

SB 164. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; and for other purposes.
SB 216. By Senators Walling of the 42nd and Coverdell of the 56th:
A Bill to be entitled an Act to amend Code Section 29-301, relating to covenants running with the land, so as to provide that the limitation on the time for which the covenants restricting lands to certain uses shall run in municipalities and areas; and for other purposes.

SATURDAY, MARCH 6, 1971

2259

SB 280. By Senators Chapman of the 32nd, Fincher of the 51st, Stephens of the 36th and others:
A Bill to be entitled an Act to prohibit operation of all schools for training of clinical laboratory personnel unless licensed pursuant to this Act; to authorize and direct the Georgia Department of Public Health to issue license under certain circumstances; and for other purposes.

SB 289. 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 Public Assistance Act of 1965", so as to provide that hearings and ju dicial review of final decisions by the Department of Family and Chil dren Services shall be conducted with the applicable provisions of the Georgia Administrative Procedure Act; and for other purposes.

SB 290. 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 "Children and Youth Act", so as to provide that the Division for Children and Youth may provide both routine and emergency medical services to children under its supervision without parental consent; and for other purposes.

SB 291. 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 governing and regulating the use of Public roads and highways of this State, so as to provide for clarification of the distribution of the money arising from fines and forfeitures; 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 III of Section IV of Article IV relating to the first Com mission; to provide for the submission of this amendment for ratifica tion; and for other purposes.

SR 97. By Senator Bateman of the 27th:
A Resolution authorizing the Georgia Forestry Commission to exe cute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 108. By Senators Garrard of the 37th and Walling of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 26-21, relating to distributing obscene matter, so as to substantially change said Code Chapter; and for other purposes.

HB 1054. By Mr. Gunter of the 6th: A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of each county with a population of not more than 8,300 and not less than 8,234, known as the fee system; and for other purposes.
Mr. Floyd of the 7th District, Chairman of the Committee on Appropria tion, submitted the following report:
Mr. Speaker:
Your Committee on Appropriation has had under consideration the following Bill and Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HB 93. Do Pass, by Substitute. HR 69-179. Do Pass, as Amended. HR 78-212. Do Pass, as Amended.
Respectfully submitted, Floyd of the 7th, 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:

HB 648.

Do pass, by Substitute.

HB 936.

Do pass.

HR 118-283. Do pass.

Respectfully submitted, Snow of the 1st, Chairman.

SATURDAY, MARCH 6, 1971

2261

Mr. Bostick of the 63rd District, Vice-Chairman of the Committee on Retire ment, 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 198. Do pass.

HB 199. Do pass.

HB 202. Do pass.

Respectfully submitted,

Bostick of the 63rd,

Vice-Chairman.

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 Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 915. Do pass, by Substitute. Respectfully submitted, Roach of the 10th, 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 Senate and has instructed me to report same back to the House with the following recommenda tions :

HB 689.

Do pass.

HB 695.

Do pass.

HB 973.

Do pass, as amended.

HB 974.

Do pass.

HB 993.

Do pass.

2262

JOURNAL OF THE HOUSE,

HB 994.

Do pass.

HB 995.

Do pass.

HB 996.

Do pass.

HB 1002.

Do pass.

HB 1003.

Do pass.

HB 1004.

Do pass.

HB 1005.

Do pass.

HB 1006.

Do pass.

HB 1007.

Do pass.

HB 1008.

Do pass.

HB 1009.

Do pass.

HB 1010.

Do pass.

HB 1015.

Do pass.

HB 1016.

Do pass.

HB 1017.

Do pass.

SB 165.

Do pass, as amended.

SB 181.

Do pass.

SB 183.

Do pass.

SB 184.

Do pass.

SB 185.

Do pass, as amended.

SB 211.

Do pass.

SB 213.

Do pass.

SB 234.

Do pass.

HR 256-799. Do pass, by substitute.

HR 257-799. Do pass, by substitute.

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 Senate, to-wit:

SATURDAY, MARCH 6, 1971

2263

SB 46. By Senators Tysinger of the 41st, Riley of the 1st, Walling of the 42nd, and Garrard of the 37th:
A Bill to amend an Act creating the Institute for Research in Biotech nology so as to change the name of the Institute; to provide that the Institute shall be a State Agency and a budget unit of the executive branch; and for other purposes.

SB 125. By Senator Kidd of the 25th:
A Bill to amend an Act authorizing the State Personnel Board to pro vide a health insurance plan for employees of the county boards of health, so as to change the method of financing such insurance; to re peal conflicting laws; and for other purposes.
SB 135. By Senator Smalley of the 28th:
A Bill to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to change certain provisions re lative to such fees; to repeal conflicting laws; and for other purposes.

SB 276. By Senator Webb of the llth:
A Bill 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 circuit; and for other purposes.

SB 230. By Senator Johnson of the 38th:
A Bill to amend Code Section 84-303, relating to the qualifications, age, citizenship and character of applicants for registrations as architects, as amended, so as to delete the requirements that an applicant for exami nation be a citizen of the United States; and for other purposes.
SB 306. By Senator Tysinger of the 41st:
A Bill to amend Code Section 84-303, relating to qualifications of archi tects as amended, so as to change the provisions relating to qualifica tions; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:
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.

2264

JOURNAL OF THE HOUSE,

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

SB 284. By Senator Abney of the 53rd:
A Bill to abolish the present mode of compensating the clerk of the Superior court of Dade County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

SB 285. By Senator Abney of the 53rd:
A Bill to amend an Act abolishing the office of tax collector and tax re ceiver of Dade County and creating in lieu thereof the office of tax com missioner, so as to change the compensation of the tax commissioner and to provide that all other sources of revenue heretofore paid said of ficer shall be paid to the treasury of Dade County; and for other pur poses.

SB 286. By Senator Abney of the 53rd:
A Bill to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, as amended, so as to change the com pensation of the Ordinary; and for other purposes.

SB 288. By Senator Abney of the 53rd:
A Bill to amend an Act establishing a salary system of compensation for the sheriff of Dade County, as amended, so as to change the com pensation of the sheriff; to authorize the sheriff to hire an additional deputy or clerk who shall be certified by the Georgia Peace Officer Standard and Training Council; and for other purposes.

SB 296. By Senator Starr of the 44th:
A Bill to amend an Act known as the Clayton County Civil Service System Act, as amended, so as to remove the provision which authorizes elected county officials to employ personnel whose names do not appear on the register maintained by the Civil Service System; and for other purposes.

SB 298. By Senator Starr of the 44th:
A Bill to amend an Act creating the Board of Commissioners of Clayton County, as amended, so as to change the qualifications of the members of said board; and for other purposes.
SB 299. By Senator Starr of the 44th:
A Bill to amend an Act incorporating the City of Riverdale, as amended, so as to provide a pension and retirement plan for city employees; and to change the fee for qualifying as candidates for mayor and councilmen ; and for other purposes.

SATURDAY, MARCH 6, 1971

2265

SB 302. By Senator Zipperer of the 3rd:
A Bill to amend an Act creating a new charter for the City of Pem broke, so as to change the procedure for the adoption of ordinances by the City of Pembroke; and for other purposes.

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

HB 179. By Mr. Buck of the 84th: A Bill to amend an Act establishing the Georgia Legislative Retire ment 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.
HB 421. By Mr. Grahl of the 40th: A Bill 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 consecutive hours or more to obtain a permit from the Department of Public Health; and for other purposes.
HB 618. By Mr. Vaughn of the 74th: A Bill to amend the 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.
The Senate has passed, by substitute, by requisite constitutional majority the following Bill of the House, to-wit:
HB 232. By Mr. Wheeler of the 18th: A Bill 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 Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 33. By Mr. Scarborough of the 81st: A Bill to prohibit unjust discrimination in employment because of age; and for other purposes.

2266

JOURNAL OP THE HOUSE,

HB 77. By Mr. Jordan of the 74th:
A Bill to amend an Act known as the "Litter Control Law", so as to change the provisions relative to penalties; and for other purposes.

HB 233. By Mr. Wheeler of the 18th:
A Bill 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, so as to increase the examination and registration fees; and for other pur poses.

HB 337. By Messrs. Collins and Geisinger of the 72nd, Floyd, Davis, Westlake and Granade of the 75th and others:
A Bill to amend Code Section 34A-501, relating to elector's qualifica tions; and for other purposes.

HB 456. By Messrs. Smith and Adams of the 39th:
A Bill 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 520. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill 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 compensation of the Chairman and other Commissioners of Roads and Revenues of Sumter County; and for other purposes.

HB 561. By Mr. Peters of the 2nd:
A Bill 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 608. By Messrs. Connell and Dent of the 79th, Smith of the 80th, and Miles, Cheeks and Mulherin of the 78th:
A Bill 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.

SATURDAY, MARCH 6, 1971

2267

HB 690. By Mr. Ham of the 33rd:
A Bill 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 amend an Act creating a Board of Commissioners 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 amend an Act creating a Board of Commissioners 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 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 186. By Messrs. Miles of the 78th, Connell of the 79th and Smith of the 80th: A Bill to amend an Act creating retirement benefits for employees of Richmond County, so as to provide for the refund of the entire contri butions to the pension fund of a discharged employee under certain conditions; and for other purposes.
HB 201. By Mr. Lee of the 61st: A Bill 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.
HB 320. By Messrs. Keyton and Russell of the 70th: A Bill to amend an Act creating a Small Claims Court in certain coun ties, so as to change the population figures and the census contained therein; and for other purposes.
HB 769. By Messrs. Dorminy and Hudson of the 48th: A Bill to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the employment of a secretary for the sheriff's office; and for other purposes.

2268

JOURNAL OF THE HOUSE,

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.

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 provide for the election of members of the Board of Education of Murray County; and for other purposes.

HB 801. By Messrs. Phillips and Johnson of the 29th:
A Bill 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 803. By Messrs. Black and Edwards of the 45th:
A Bill 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 805. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill 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 of fice to an appointed office; and for other purposes.
HB 813. By Messrs. Wilson, Atherton, McDaniell, Housley, Kreeger and Burruss of the 117th: A Bill to create the Downtown Marietta Development Authority; to pro vide for the appointment of the members of the Authority and their terms of office; and for other purposes.
HB 815. By Messrs. Vaughn and Jordan of the 74th: A Bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner and his clerks; and for other purposes.

SATURDAY, MARCH 6, 1971

2269

HB 817. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to amend an Act consolidating, amending and codifying the vari ous 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 pur poses.

HB 820. By Messrs. Gunter and Moore of the 6th: A Bill to amend Code Section 24-1801, relating to clerks of county ordinaries, so as to authorize the ordinaries in counties having a popula tion between 20,600 and 21,000, to hire a clerk whose salary shall be paid from county funds; and for other purposes.
HB 255. By Mr. Levitas of the 77th: A Bill to prohibit any corporation which is a private foundation from engaging in any act of self-dealing, retaining any excess business hold ings, making any investments which would jeopardize the carrying out of any of the exempt purposes, or making any taxable expenditures; and for other purposes.
HB 256. By Mr. Levitas of the 77th: A Bill to prohibit engaging in any act of self-dealing, retaining any ex cess business holdings, making certain investments or making any tax able expenditures in the administration of any trust which is a founda tion, charitable trust or split interest trust; and for other purposes.
HB 257. By Mr. Levitas of the 77th: A Bill to amend Title 113 of the Code, relating to wills, descent and ad ministration of estates, so as to reduce the time within which an ad ministrator may pay the debts of the estate; and for other purposes.
HB 263. By Messrs. Gaynor of the 88th, Longino of the 98th, Shanahan of the 8th, and Pinkston of the 81st: A Bill to relieve 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; to repeal coflicting laws; and for other purposes.
The Senate has passed, as amended, by requisite constitutional majority the following Bills of the House, to-wit:
HB 369. By Messrs. Battle of the 99th, Dorminy of the 48th, Edwards of the 45th, Hadaway of the 27th and others: A Bill to amend an Act known as the Georgia Water Quality Control

2270

JOURNAL OF THE HOUSE,

Act, so as to authorize the Board to institute proceedings of mandamus to enforce the provisions of this Act; and for other purposes.

HB 451. By Messrs. Noble of the 73rd, Marcus of the 105th, Farrar of the 77th, Hawes of the 95th and others:
A Bill 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.

HB 470. By Mr. Gaynor of the 88th:
A Bill relating to private passenger automobiles; to define "private passenger automobile"; to create a manufacturer's warranty as to stand ards of safety concerning the ability to sustain shock; and for other purposes.

HB 453. By Mr. Wheeler of the 57th:
A Bill to amend an Act creating a Board of Commissioners 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 abolish the present mode of compensating the Ordinary of Pierce County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 455. By Mr. Wheeler of the 57th:
A Bill 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.

The Senate has adopted by requisite constitutional majority the following Resolutions to the House, to-wit:
HR 73-212. By Mr. Patton of the 63rd: A Resolution compensating Mrs. Lexie W. Flup; and for other purposes.

HR 83-224. By Mr. Wamble of the 69th: A Resolution compensating F. W. Roddenbery; and for other purposes.

SATURDAY, MARCH 6, 1971

2271

HR 89-233. By Mr. McDonald of the 15th:
A Resolution to compensate Charlie K. Leachman; and for other pur poses.

HR 91-233. By Messrs. Snow, Hayes 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.

HR 97-244. By Mr. Smith of the 43rd:
A Resolution to compensate Mr. William Nipper; and for other pur poses.

HR 109-270. By Mr. Thompson of the 85th: A Resolution compensating Mr. Roland Maye; 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 134-385. By Mr. Chappell of the 42nd: A Resolution compensating Mrs. Bob Hollis; 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.
HR 139-425. By Mr. Patterson of the 20th: A Resolution compensating Lillian Louise Couch; and for other pur poses.

HR 167-482. By Mr. Rainey of the 47th: A Resolution compensating Mr. James E. Price; and for other purposes.

HR 170-507. By Mr. Collins of the 72nd: A Resolution compensating E. L. O'Neal; and for other purposes.

2272

JOURNAL OF THE HOUSE,

HR 175-526. By Mr. Harris of the 10th: A Resolution compensating Mrs. Vera Ingle; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 304. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to unify the governmental and corporate functions of the City Council of Augusta with the Governmental and corporate functions of Richmond County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 287. By Senator Abney of the 53rd: A Bill to amend an Act creating the office of commissioner for Bade County as amended, so as to change the compensation of the commis sioner; to change the per diem of said commissioner when on certain overnight stays; and for other purposes.
SB 301. By Senator London of the 50th: A Bill to amend an Act abolishing the fee system existing in the superior court of the Mountain Judicial Circuit, as amended, so as to change the compensation of the court reporter; and for other purposes.
SB 307. By Senator Kidd of the 25th: A Bill to incorporate the Town of Mclntyre, Georgia, and to grant a re peal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 836. By Messrs. Dean and Mason of the 13th: A Bill to amend an Act creating the Gwinnett Judicial Circuit, so as to create the office of assistant district attorney; and for other purposes.
The Senate has adopted the following Resolutions of the Senate and House, to-wit:
SR 114. By Senator Reynolds of the 48th: A Resolution relating to architectural and engineering firms doing busi-

SATURDAY, MARCH 6, 1971

2273

ness with the State so as to exempt contracts between architectural and engineering firms and the State Highway Department from the provi sions of said Resolution; and for other purposes.

HR 90-233. By Messrs. Evans, Bennett, Brown, Pinkston, and Scarborough of the 81st and others:
A Resolution authorizing the Georgia Forest Research Council to exe cute a long term lease with the Southeastern Forest Experiment Station Forest Service, U. S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.

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

HB 536. By Mr. Levitas of the 77th:
A Bill to amend an Act known as the "Fiduciary Investment Company Act", so as a permit and allow certain qualified foreign trust institutions to invest in fiduciary investment companies; and for other purposes.

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

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.

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

HB 25. By Mr. Alexander of the 108th:
A Bill to provide that when a person posts bail bond prior to a pre liminary 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, un less the amount of the bail has been set at a higher amount by lawful au thority; and for other purposes.

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

SR 112. By Senators Holley of the 22nd, Coggin of the 35th, Holloway of the 12th and others:
A Resolution creating the Joint Bank Holding Company Study Com mittee; and for other purposes.

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JOURNAL OF THE HOUSE,

SR 113. By Senators Zipperer of the 3rd, Carter of the 14th and Starr of the 44th:
A Resolution creating the Education Coordination Study Committee; and for other purposes.

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

SB 77. By Senator Henderson of the 33rd:
A Bill to establish standards to determine what materials are harmful to minors; to prohibit the sale, lending, giving, furnishing, or exhibiting of such material to minors; to define certain terms; to repeal conflicting laws; and for other purposes.

SB 318. By Senators Henderson of the 33rd, and Chapman of the 32nd:
A Bill to add one additional judge of the Superior Court of the Cobb Judicial Circuit of Georgia; and for other purposes.

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

SB 221. By Senators Smith of the 34th, Coggin of the 35th, and Patton of the 40th:
A Bill to amend an Act known as the "Housing Authorities Law", as amended, so as to redefine the area of operation of a city housing au thority by limiting said area of operation to the corporate limits of such city, except under certain circumstances; to repeal conflicting laws; and for other purposes.

SB 310. By Senator Smalley of the 28th:
A Bill to revise criminal procedure for change of venue in criminal trials, and for other purposes.

SB 311. By Senator Reynolds of the 48th:
A Bill to amend an Act creating the offices of the Chairman and Treas urer of the State Highway Board or the Director of the State Highway Department to call meetings of committees of the Board established by Board policy; to repeal conflicting laws; and for other purposes.

Mr. Rush of the 51st asked unanimous consent that all Bills and Resolutions of the House passed or adopted by the House today be ordered immediately transmitted to the Senate.

The consent was granted.

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

SATURDAY, MARCH 6, 1971

2275

HB 973. By Messrs. Kreeger, Howard, McDaniell, Atherton and Housley of the 117th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Cobb County, as amended, so as to change the compensa tion of the chairman of the board of commissioners; and for other pur poses.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 973 as follows:

By striking from line 19, page 1, the following: "four thousand two hundred ($4,200.00)",

and by inserting1 in lieu thereof the following: "five thousand four hundred ($5,400.00)", and

By striking from line 27, page 1, and line 1, page 2, the following: "four thousand two hundred ($4,200.00)",

and by inserting in lieu thereof the following: "five thousand four hundred ($5,400.00)".

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

On the passage of the Bill, as amended, the ayes were 120, nays 0.

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

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.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 165, Section 2 to become Section 3 and insert a new Section 2 to read as follows:

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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JOURNAL OF 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.

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.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 185 by adding at the end of Section 1, Line 12, Page 1 the following:

"Provided this shall not apply to funds of the Clayton County Water Authority."

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

On the passage of the Bill, as amended, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HE 256-799. By Mr. Lane of the 101st: A Resolution creating the South Fulton Charter Commission; and for other purposes.
The following Committee substitute was read and adopted:

A RESOLUTION
Creating the South Fulton Charter Commission; and for other purposes.

WHEREAS, the General Assembly of the State of Georgia has be fore it for consideration the question of possible consolidation of govern mental units within certain areas of Fulton County; and

WHEREAS, the question of consolidation of governmental services is a matter of grave concern to the General Assembly of Georgia and of equally grave concern to the residents of the areas affected; and

WHEREAS, a preliminary study previously authorized by the Gen eral Assembly indicated that a single municipality appeared feasible; and

SATURDAY, MARCH 6, 1971

2277

WHEREAS, the feeling of the residents of the affected area toward the creation of a single municipality in the southern portion of Pulton County was made known by their vote after submission to them of the results of a preliminary study of a plan for merger; and

WHEREAS, in a vote during November of 1970, the residents showed that 60% favored proceeding with the creation of a single city in South Fulton, and 90% were against merger with the City of Atlanta.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the South Ful ton Charter Commission, which shall consist of eighteen (18) members who shall be appointed in the following manner:

(a) The Mayors of the Cities of College Park, East Point, Hapeville, Union City, Palmetto, and Fairburn shall be members of the Commission.

(b) The Board of Commissioners of Fulton County shall ap point two (2) members.

(c) Each Representative from Georgia House of Representa tives Districts 97, 98 and 101 shall appoint two (2) members each.

(d) The Representatives from Georgia House of Representa tives District 95 shall appoint two (2) members.

(e) Each Senator from Georgia Senatorial Districts 34 and 35 shall appoint one (1) member.

All members of the South Fulton Charter Commission shall be resi dents of South Fulton. Eleven (11) members of said Commission shall constitute a quorum for the transaction of business.

BE IT FURTHER RESOLVED that, as used in this Resolution, the following terms shall have the meaning or meanings ascribed to them unless the context clearly requires otherwise:

(a) "South Fulton" shall mean that area, incorporated and un incorporated, south of the corporate limits of the City of Atlanta, lying within Fulton County.

(b) "Governing authority of Fulton County" shall mean the Board of County Commissioners of Fulton County.

(c) "Charter Commission" or "Commission" shall mean the South Fulton Charter Commission provided for in this Resolution.

BE IT FURTHER RESOLVED that: (a) The Charter Commis sion shall hold an organizational meeting within thirty (30) days fol lowing the date on which this Resolution becomes effective. The Chair man of the Fulton County Commission shall set the time and place of

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JOURNAL OF THE HOUSE,

the first meeting of the Commission, call to order the first meeting of the Commission, and preside until a permanent chairman is elected. The first order of business at said organizational meeting shall be the election of a permanent chairman, secretary, and other such officers as deemed necessary, who shall be elected by majority vote of all mem bers of said Commission.

(b) The members of the Charter Commission shall not receive per diem or other compensation for their services.

BE IT FURTHER RESOLVED that said Charter Commission is authorized to utilize all studies and information prepared by the South Fulton Single Municipality Study Committee, created in accordance with Ga. Laws 1970, p. 2169, all matters relating to the establishment of a single government with powers and jurisdiction throughout the terri torial limits of South Fulton and may draft a proposed government charter for a single South Fulton government or make recommendations for any reorganization of essential governmental services in South Fulton.

BE IT FURTHER RESOLVED that: (a) Said Charter Commis sion is authorized to receive and expend any funds donated to the Com mission for its operation.

(b) Said Charter Commission on the completion of its work shall furnish an audited accounting of the source and expenditure of any donations to the Board of Commissioners of Fulton County.

BE IT FURTHER RESOLVED that during the course of its studies, said Charter Commission shall be required to hold at least three (3) public hearings to determine the sentiment of the citizens of South Fulton regarding the work of the Charter Commission. Said Charter Commission shall cause the date, time and place of such hearings to be advertised in the official organ of Fulton County at least twice during the week immediately preceding the week during which said public hearings are held. Said Charter Commission shall be authorized to hold more than three (3) public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised
as provided herein.

BE IT FURTHER RESOLVED that: (a) Said Charter Commis sion may draft a proposed charter creating a single government and make recommendations concerning essential governmental services, and said proposed charter and recommendations may be prepared, completed and presented to the Representatives and Senators of the Georgia Gen eral Assembly from Fulton County on or before January 1, 1972, in a public meeting called for such a purpose, to be advertised as provided above. Said proposed government charter and recommendations shall be advisory in nature.

(b) Said Charter Commission is hereby authorized to adopt such rules and regulations as it shall deem necessary or desirable to carry out its powers and perform its duties and functions as provided in this Resolution.

SATURDAY, MARCH 6, 1971

2279

BE IT FURTHER RESOLVED that: (a) The South Fulton Char ter Commission shall stand abolished on the day after any proposed gov ernment charter or recommendations for reorganization of essential gov ernmental services are presented to the Representatives and Senators to the Georgia General Assembly from Fulton County, however, the Commission may abolish itself, before said presentation, by the adoption of a Resolution by majority vote of the Commission members present at any meeting of the Commission.

(b) The Commission will stand abolished no later than January 2, 1972.

(c) The title to all property held by the Commission and records of the Commission will become the property of the governing au thority of Fulton County on the day the Commission stands abolished.

(d) The governing authority of Fulton County or any other governing authority in South Fulton is prohibited from assuming any liabilities incurred by the Charter Commission.

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

On the adoption of the Resolution, by substitute, the ayes were 120, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 257-799. By Mr. Lane of the 101st.
A Resolution creating the South Fulton Citizens Committee; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Creating the South Fulton Citizens Committee; and for other pur poses.

WHEREAS, the General Assembly of the State of Georgia has had before it for consideration, the question of possible consolidation of governmental units within Fulton County; and
WHEREAS, the question of consolidation of governmental services is a matter of grave concern to the General Assembly of the State of Georgia and equally grave concern to the residents of the areas affected; and
WHEREAS, a preliminary study previously authorized by the Gen eral Assembly, indicated that a single municipality appeared feasible; and

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JOURNAL OP THE HOUSE,

WHEREAS, the feeling of the residents of the affected area toward the creation of a single municipality in the southern portion of Fulton
County was made known by their vote after submission to them of the results of a preliminary study of a plan for merger.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "South Fulton Citizens Committee" to be composed as follows: five (5) residents of House District 97; five (5) residents of House District 98; and (5) residents of House District 101, and ten (10) residents of House District 95 to be appointed by the Representatives from each of those districts and confirmed by the members of the Senate representing such House Districts. Should any member be unable to serve, the Representative who appointed him shall appoint a replacement, subject to confirmation by the appropriate member of the Senate. The mayor of each of the munici palities of College Park, East Point, Hapeville, Union City, Fairburn, and Palmetto shall appoint one (1) member to the Committee. The Coun cil of each of the above stated municipalities shall appoint one (1) member to the Committee. The Board of County Commissioners of Fulton County shall appoint three (3) members of the Committee.

The members of the Committee shall elect a chairman, a vice-chair man, a secretary, and such other officers and/or subcommittee chairmen as they deem advisable. The Committee shall adopt its own procedures for operation.

The Committee shall be charged to:
(a) Make recommendations to the South Fulton Charter Commis sion within six months after this committee is established, the recom mendations may be:
(1) type of government (mayor, council, city manager or other),

(2) number of councilmen and terms of office,

(3) how area will be divided into wards or districts and whether subwards or subdistricts are desired, and

(4) qualifications for person running for public office, but not limited to the above.

(b) Study and make recommendations on the following:

(1) existing and desired services to be provided and estimate costs of providing these,

(2) type of organization needed for new government and methods of going about consolidating departments,

(3) financial and management information needed and the system required to provide this, and

SATURDAY, MARCH 6, 1971

2281

(4) wage and salary structure and fringe benefits to be provided.

(c) Inform the public as the study progresses as follows:

(1) hold public hearings,

(2) provide information to local news media,

(3) provide status reports to existing city governments (mayor/ council), and

(4) any other approach deemed advisable.

The Committee is authorized to hold public hearings. The Com mittee shall prepare a report of its activities, including its recommenda tions to the South Fulton Charter Commission, and submit it along with any proposed legislation to the next General Assembly through the Representatives of the said House Districts.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 211. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act providing for a commuta tion tax in lieu of road work in any militia or road district 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 120, nays 0.

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

SB 181. By Senator Starr of the 44th:
A Bill to be entitled an Act to provide that accumulations of junk shall constitute a nuisance 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 120, nays 0.

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

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JOURNAL OF THE HOUSE,

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 certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 184. By Senator Starr of the 44th:
A Bill to be entitled an Act to repeal an Act prohibiting the sale of farm products between sunset and sunrise in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

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.

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

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 234. By Senator Spinks of the 9th: A Bill to be entitled an Act to amend an Act establishing the Tift County Airport 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 689. By Mr. Drury of the 66th: A Bill to be entitled an Act to amend an Act so as to authorize the City of Folkston to close certain streets; and for other purposes.

SATURDAY, MARCH 6, 1971

2283

The report 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 695. By Messrs. Lane of the 101st, Greer of the 95th and others:
A Bill to be entitled an Act to amend an Act so as to change the city limit boundary along Washington Road in the City of College 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 120, nays 0.

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

HB 974. By Messrs. Atherton, Wilson, Housley, McDaniell, Kreeger and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act so as to change the mem bership of the Cobb County Recreation 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 120, nays 0.

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

HB 993. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Duluth; and for other purposes.

The report 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 994. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Duluth; and for other purposes.

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

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JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 995. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Duluth; and for other purposes.

The report 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 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 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; and for other purposes.

The report 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 1002. By Messrs. Townsend of the 115th, Greer of the 95th and others:
A Bill to be entitled an Act to create in certain counties a Judicial Study and Compensation Commission; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1003. By Messrs. Lane, Nessmith and Chance of the 44th: A Bill to be entitled an Act to amend an Act so as to change the com pensation of the judge and solicitor of the State Court of Screven 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.

SATURDAY, MARCH 6, 1971

2285

HB 1004. By Messrs. Logan and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act so as to redefine the cor porate limits of the City of Athens; and for other purposes.

The report 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 1005. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act so as to provide for the election of the judge of the State Court of Glynn County every 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 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 certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 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, so as to provide that said Act shall not apply to certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1008. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act so as to change the com-

2286

JOURNAL OF THE HOUSE,

pensation of the chairman of the Board of Commissioners of Banks 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 1009. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act changing the compensation of sheriffs in certain counties, so as to provide that said Act shall not apply to certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1010. By Mr. Hill of the 97th:
A Bill to be entitled an Act to change the zoning procedures in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1015. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to authorize certain counties to pay to the county policeman a monthly expense allowance; and for other purposes.

The report 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 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 so as to change the com pensation of the court reporter of the Waycross Judicial Circuit; and for other purposes.

SATURDAY, MARCH 6, 1971

2287

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

Your Committee on Rules met and submits the following supplement to the calendar already adopted this date, March 6, 1971, by adding the following:

HB

93. Appropriations, Additional (Budget Units).

HB

116. Divorce, Prohibit Child Removed from State.

HB

192. Superior Courts, Reporter's Expense.

HB

197. Board of Correction, Director's Compensation.

HB

198. St. Bd. of Probation, Each Member's Salary.

HB

199. Dept. of Public Safety, GBI, Lie. Exam, etc.

HB

200. Public Safety, Director's Compensation.

HB

202. Dept. of Public Safety, Incentive Increases.

HR 102- 262. John Neville Birch Bridge.

HB

361. Board of Physical Therapy, Create.

HB

436. Theft, Bringing Stolen Property into State.

HB

516. Judges Emeritus, Expenses (Reconsidered).

HB

630. School Attendance, Compulsory Age.

HB

661. System of Scenic Trails, Create.

HB

677. Motor Vehicles, Handicapped.

HB

717. County Board of Education, Parking Permits.

HR 244- 772. Pulaski County, Law Books.

HB

787. Alcoholic Beverage, Licensing.

HB

814. Public Accountants, Audits.

HB

849. Electronic Data Processing.

HB

915. Municipalities, New, Created within 3 Miles.

HE 282- 934. Secretary of State, Return Portrait.

HB

977. Eminent Domain, Special Master.

HR 288- 981. Boundary Line Commission.

HB

986. Farm Commodities, Buyer.

2288

JOURNAL OF THE HOUSE,

HB

988. State Properties, Create New Code.

HB 1000. Colonels Islands, Transfer to Ports Authority.

HR 326-1001. State-owned Property, Surplus.

HR 331-1003. Baldwin County, Transfer Property.

HB 1016. Housing Authority, Bonds Contracts, Legal, etc.

HR 352-1041. State Property, Tennessee.

HR 353-1043. State Property, Lease, Sell.

HR 354-1043. Lease Land, Bibb County.

Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain of full force and effect.
Respectfully submitted, Busbee of the 61st,
Chairman.

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

SB 46. By Senators Tysinger of the 41st, Riley of the 1st, Walling of the 42nd and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act creating the Institute for Research in Biotechnology so as to change the name of the Institute; to provide that the Institute shall be a State agency and a budget unit of the executive branch; and for other purposes.
Referred to the Committee on State of Republic.

SR 114. By Senator Reynolds of the 48th:
A Resolution relating to architectural and engineering firms doing business with the State, so as to exempt contracts between architectural and engineering firms and the State Highway Department from the provisions of said Resolution; and for other purposes.
Referred to the Committee on Highways.

SB 125. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act authorizing the State Personnel Board to provide a health insurance plan for employees of the county boards of health, so as to change the method of financing such insurance; and for other purposes.
Referred to the Committee on Insurance.

SB 135. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Code Section 24-2727, relating to

SATURDAY, MARCH 6, 1971

2289

fees of the clerks of the superior courts, so as to change certain pro visions relative to such fees; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 230. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Code Section 84-303, relating to the qualifications, age, citizenship and character of applicants for reg istrations as architects, so as to delete the requirements that an appli cant for examination be a citizen of the United States; and for other purposes.
Referred to the Committee on State of Republic.

SB 276. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act providing for certain as sistant 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.
Referred to the Committee on Special Judiciary.

SB 284. By Senator Abney of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the Superior Court of Bade 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 285. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the office of tax collector and tax receiver of Bade County and creating in lieu thereof the office of tax commissioner, so as to change the compensation of the tax commissioner and to provide that all other sources of revenue heretofore paid said officer shall be paid to the treasury of Bade County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 286. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Bade County on a salary basis in lieu of a fee 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.

SB 287. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act creating the office of com-

2290

JOURNAL OF THE HOUSE,

missioner for Bade County, so as to change the compensation of the commissioner; to change the per diem of said commissioner when on certain overnight stays; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 288. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act establishing a salary system of compensation for the sheriff of Dade County, so as to change the compensation of the sheriff; to authorize the sheriff to hire an addi tional deputy or clerk who shall be certified by the Georgia Peacei Of ficer Standard and Training Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 296. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act known as the Clayton County Civil Service System Act, so as to remove the provision which authorizes elected county officials to employ personnel whose names do not appear on the register maintained by the Civil Service System; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 298. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, so as to change the qualifications of the members of said Board; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 299. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to provide a pension and retirement plan for city employees; to change the fee for qualifying as candidates for mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 301. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the superior courts of the Mountain Judicial Circuit, so as to change the compensation of the court reporter; and for other pur poses.

SB 802. By Senator Zipperer of the 3rd: A Bill to be entitled an Act to amend an Act creating a new charter

SATURDAY, MARCH 6, 1971

2291

for the City of Pembroke, so as to change the procedure for the adoption of ordinances by the City of Pembroke; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 306. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend Code Section 84-303, relating to qualifications of architects, so as to change the provisions relating to qualifications; and for other purposes.
Referred to the Committee on State of Republic.
SB 304. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to be entitled an Act to unify the governmental and corporate functions of the City Council of Augusta with the governmental and corporate functions of Richmond County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 307. By Senator Kidd of the 25th:
A Bill to be entitled an Act to incorporate the Town of Mclntyre, and to grant a new Charter to said Town; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 77. By Senator Henderson of the 33rd:
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 material to minors; and for other purposes.
Referred to the Committee on Judiciary.
SR 112. By Senators Holley of the 22nd, Coggin of the 35th, Holloway of the 12th and others:
A Resolution creating the Joint Bank Holding Company Study Com mittee; and for other purposes.
Referred to the Committee on Banks and Banking.
SR 113. By Senators Zipperer of the 3rd, Carter of the 14th and Starr of the 44th:
A Resolution creating the Education Coordination Study Committee; and for other purposes.
Referred to the Committee on Rules.
SB 221. By Senators Smith of the 34th, Coggin of the 35th and Patton of the 40th:
A Bill to be entitled an Act to amend an Act known as the "Housing

2292

JOURNAL OF THE HOUSE,

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.
SB 310. By Senator Smalley of the 28th:
A Bill to be entitled an Act to revise criminal procedure for change of venue in criminal trials; and for other purposes.
Referred to the Committee on Judiciary.
SB 311. By Senators Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating the offices of the Chairman and Treasurer of the State Highway Board, so as to authorize the Chairman of the State Highway Board or the Director of the State Highway Department to call meetings of committees of the Board established by Board policy; and for other purposes.
Referred to the Committee on Highways.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:

Your Committee on Rules met and submits the following supplement to the calendars already adopted this date, March 6, 1971, by adding the following:
HR 325-989. Downtown Development, Air Rights.
Except as herein amended, the provisions of the calendars hereto fore submitted shall remain of full force and effect.
Respectfully submitted,
Busbee of the 61st, Chairman.
Mr. Burruss of the 117th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
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.

The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to HB 484.

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:

SATURDAY, MARCH 6, 1971

2293

HR 324-987. By Messrs. Gaynor of the 88th, Murphy of the 19th, Alexander of the 96th, Miles of the 78th, Felton of the 95th and others:
A RESOLUTION
Creating the Joint Bank Holding Company Study Committee; and for other purposes.
WHEREAS, effective regulation of bank holding companies in Georgia is essential in order to maintain a strong and competitive bank ing system; and
WHEREAS, recent federal legislation has materially changed the federal laws regulating bank holding companies; and
WHEREAS, there now exist conflicts between the federal laws and the state laws regulating bank holding companies in Georgia; and
WHEREAS, it is in the best interests of both banking and the general public to reconcile these differences where possible in order to prevent uncertainty in the enforcement of the banking laws.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Bank Holding Company Study Committee to be composed of seven members of the Senate, to be appointed by the President of the Senate, and seven members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. The Committee shall be authorized to conduct a comprehensive study of the laws of this State and other states and federal legislation relating to bank holding companies. The Committee may conduct such meetings at such places in Georgia 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 mem bers of interim legislative committees, but shall receive the same for no more than 15 days. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the legislative branch of 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 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

2294
Berry Black Bohannon Bond 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 Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Edwards Evans Ezzard Farrar Felton Fraser Gary Gaynor Gignilliat Granade Grantham

JOURNAL OF THE HOUSE,

Greer Griffin Gunter Ham Harrington
Harrison Hawes Hill, B. L. Hill, G. Horton Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan 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. Mauldin Maxwell McDonald Melton Merritt Miles Milford Miller Moore Morgan

Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Reaves Roach Ross Rush Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Blackshear Buck Clements Collins, M. Collins, S. Colwell Dailey Dorminy

Drury Egan Floyd, J. H.
Floyd, L. R. Geisinger Grahl Hadaway Hamilton

Harris Hays Hood
Housley Hudson, C. M. Keyton King
Lambert

SATURDAY, MARCH 6, 1971

2295

Levitas Longino Mason Matthews, D. R. McCracken McDaniell Murphy Northcutt

Phillips, G. S. Pickard Rainey Russell, A. B. Russell, H. P. Savage Snow Sorrells

Thomason Townsend Vaughn Wamble Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following Committee amendment was read and adopted:

By striking from the title in line 1 on page 1 the following words: "by quit claim deed".

By striking the last paragraph in its entirety where the same ap pears in lines 9 through 21 on page 4 and substituting in lieu thereof the following:

"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OP GEORGIA that the Governor, as Chairman of the State Properties Control Commission, without regard to the provisions of Code Chapter 91-1A known as the 'State Properties Control Code', as amended, is hereby authorized, in behalf of the State of Georgia, to convey all or any portion of the above described real property to Southern Union Company by sale, lease or the granting of easements, any such conveyance to be attested by the Secretary of State, as Secretary of the State Properties Control Commission, and the consideration for any such conveyance shall be based on the highest of two fair and accurate appraisals of the value of said property which shall be obtained by the State Proper ties Control Commission."

The following amendment was read and adopted:
Mr. Harrison of the 48th moves to amend HR 284-938 by adding at the end of said Resolution the words "if sold by state the people will have free use and access to the water-ways."

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

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

2296

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Bond
Bowen Brantley, H. H.
Brantley, H. L. Brown, B. D.
Brown, C. Burruss
Busbee Carr Carter
Chance Chappell
Cheeks
Clements Cole
Collier
Coney, J. L. Connell Daugherty
Davis, E. T. Dean, Gib Dent
Dixon Dorminy Edwards
Felton

Fraser Gaynor Gignilliat Greer Gunter Hadaway Harrison Hays Hill, B. L. Horton Housley Howard
Hudson, C. M. Hudson, Ted Hutchinson
Isenberg Jessup Jones, Herb
Jordan King
Knight Knowles
Kreeger Lambert
Lane, W. J. Lee, W. S.
Leggett
Lewis Logan
Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell
McDaniell McDonald Melton

Merritt Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Oxford Patterson Patten
Pearce
Phillips, L. L.
Potts Roach Ross Rush
Salem Shanahan
Shepherd
Sherman Sims
Smith, H. R. Snow
Strickland
Sweat Toles Triplett
Tripp Turner Wheeler, J. A. Whitmire Williams
Wood

Those voting in the negative were Messrs.:

Adams, G. D. Bennett, Tom Bray Brown, S. P. Colwell Coney, G. D. Davis, W. Evans

Grantham Ham Hawes Jones, J. R. Lane, Dick Larsen, G. K. Geisinger Lee, W. J. (Bill)

Miller Northcutt Phillips, W. R. Scarborough Stephens Westlake

SATURDAY, MARCH 6, 1971

2297

Those not voting were Messrs.:

Adams, John Blackshear Bohannon Buck Chandler Collins, M. Collins, S. Conger Cook Dailey Dean, J. E. Dean, N. Drury Egan Ezzard Farrar Floyd, J. H. Floyd, L. R. Gary Grahl Granade

Griffin Hamilton Harrington Harris Hill, G. Hood Howell Johnson Keyton Larsen, W. W. Levitas Longino Lowrey Mason McCracken Moore Murphy Nunn Odom Peters Phillips, G. S.

Pickard Pinkston Poole Rainey Reaves Russell, A. B. Russell, H. P. Russell, W. B. Savage Smith, J. R. Smith, V. T. Sorrells Thomason Thompson Townsend Vaughn Wamble Ware Wheeler, Bobby Wilson Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 109, nays 22.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 515. By Messrs. Isenberg and Leggett of the 67th:
A Bill to be entitled an Act to amend Code Section 29-112, relating to persons exempt from jury duty, so as to change the procedure of exempting certain persons from jury duty; and for other purposes.

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 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 Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty

2298

JOURNAL OP THE HOUSE,

Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Evans Felton Floyd, L. R. Fraser Gary Gaynor Geisinger 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 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 Nessmith Noble Odom

Oxford Patterson Patten Pearce Peters Phillips, L. L. Pinkston Potts Reaves Roach Ross Rush Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Buck Collier Collins, M. Collins, S. Colwell
Dailey
Dean, J. E.
Dorminy
Drury Egan
Ezzard
Farrar
Floyd, J. H.

Gignilliat Grahl Hill, B. L. Hood Howell Keyton
Longino
Matthews, C.
McCracken
Murphy Northcutt
Nunn
Phillips, G. S.
Phillips, W. R.

Pickard Poole Rainey Russell, A. B. Russell, H. P. Russell, W. B.
Sorrells
Thompson
Townsend
Vaughn Wamble
Ware
Mr. Speaker

SATURDAY, MARCH 6, 1971

2299

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

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

HB 1014. By Messrs. Geisinger of the 72nd, Connell of the 79th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any elected official to engage in the bail bond business; 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 Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chappell Cheeks Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, J. E.

Dent Dixon Edwards Egan Evans Felton Ployd, L. R. Fraser Gary Gaynor Geisinger Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, G. Housley Howard 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 Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R.

2300

JOURNAL OF THE HOUSE,

Pinkston Poole Potts Roach Ross Rush Salem Savage Scarborough Shanahan

Shepherd Sherman Sims Smith, H. R. Smith, J. R. Stephens Strickland Sweat Thompson Toles

Triplett Tripp Turner Westlake Wheeler, Bobby
Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bohannon

Brown, B. D.

Oxford

Those not voting were Messrs.:

Alexander, W. H. Blackshear Bond Buck
Carter Chandler Collins, S. Colwell Dailey Daugherty Dean, N. Dorminy Drury Ezzard Farrar Floyd, J. H.

Gignilliat Grahl Granade Hamilton Hill, B. L.
Hood Horton Howell Johnson Longino McCracken McDonald Merritt Murphy Northcutt Phillips, G. S.

Pickard Rainey Reaves Russell, A. B. Russell, H. P. Russell, W. B. Smith, V. T. Snow Sorrells Thomason Townsend Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 3.

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

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 cer tain municipalities for the purpose of aiding in the construction of streets, so as to provide that certain financial information shall be pub lished ; and for other purposes.

The following Committee substitute was read:

A BILL

To be entitled an Act to amend an Act providing for grants to cer tain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets, and for aiding in defray ing the cost of providing personnel and equipment for the control of traffic, approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended, so as to provide that certain financial information shall be published; to provide that grant funds shall be withheld in the event that such in-

SATURDAY, MARCH 6, 1971

2301

formation is not published; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing for grants to certain incorporated munipalities of this State for the purpose of aiding in the construction and maintenance of streets, and for aiding in defraying the cost of providing personnel and equipment for the control of traffic, approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended, is hereby amended by adding at the end of Section 4A the following:

"Within six months following an annual audit, each munici pality receiving grants under the provisions of this Act shall publish or mail to each residence within the municipality a financial state ment, including the municipality's tax millage rate and a break down of the purposes for which such tax revenues are used. The financial statement if published shall be published once in the of ficial organ of the county in which the municipality is located, or if the municipality is located in more than one county in the official organ of the county in which a majority of the citizens of the mu nicipality live as determined by the 1970 decennial census or any subsequent census. No grant funds shall be distributed to any mu nicipality under the provisions of this Act until a copy of the ad vertisement or mailing for the previous fiscal year and when pub lished an affidavit from the publisher of the newspaper in which said advertisement has appeared, have been filed with the State Auditor.",
so that when so amended Section 4A shall read as follows:
"Section 4A. The governing authority of each municipality shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit was made. The State Auditor shall compare the amount of funds distributed to each municipality in such year under the provisions of this Act against the amount of funds expended by each municipality in such year for the purposes authorized by this Act. In the event the State Auditor determines that the amount so expended is less than the amount distributed, he shall certify such amount to the State Treasurer who shall deduct and withhold the certified amount from the next funds to be distributed to such offending municipality under this Act; provided, however, that in the event a municipality expending less than the amount distributed to it shall certify at the time of the submission of its audit that it is accumulating such funds for a specified allowable purpose and submit proof of the deposit or investment of such funds, then such municipality will be deemed to have complied with the requirements of this Section except that the amount of such funds shall be added to the amount of funds distributed to such municipality in the next succeeding year or years for the purpose of making the comparison and determination provided for herein. Upon certification by the State Auditor to the State Treasurer that the audit required by this

2302

JOURNAL OF THE HOUSE,

Section from any municipality has not been received, the State Treasurer shall not distribute any further funds under this Act to such offending municipality until the State Auditor shall again certify to the State Treasurer that the delinquent audit has been filed. It shall be the duty of the State Auditor to make such certifi cation when no audit is received or when a delinquent audit is re ceived. In the event any municipality is not now having a regular annual audit made of its funds, the State Treasurer shall not dis tribute any further funds under this Act to such municipality until either (a) an audit has been made and submitted to the State Audi tor or (b) the Mayor or Clerk shall have submitted a statement un der oath to the State Auditor stating (1) that the municipality does not now have a regular annual audit, (2) that the funds re ceived under this Act have been deposited in and disbursed from a separate account, and (3) that the funds have been expended for the purposes authorized by this Act. Upon request of the Governor or the Director of the State Highway Department, the State Auditor is authorized to audit the books and records of each municipality to verify the accuracy of the report so filed with him and to insure that the expenditure of such funds has been made for the purposes intended. Within six months following an annual audit, each munici pality receiving grants under the provisions of this Act shall publish or mail to each residence within the municipality a financial state ment, including the municipality's tax millage rate and a breakdown of the purposes for which such tax revenues are used. The financial statement if published shall be published once in the official organ of the county in which the municipality is located, or if the munici pality is located in more than one county in the official organ of the county in which a majority of the citizens of the municipality live as determined by the 1970 decennial census or any subsequent census. No grant funds shall be distributed to any municipality un der the provisions of this Act until a copy of the advertisement or mailing for the previous fiscal year and when published an affidavit from the publisher of the newspaper in which said advertisement has appeared, have been filed with the State Auditor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment to the Committee substitute, offered by Mr. Triplett of the 93rd, was read and lost.

The Committee substitute was adopted.

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

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

Those voting in the affirmative were Messrs.:

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

Alexander, W. H. Alien Atherton

Barfield Bennett, J. T. Berry

SATURDAY, MARCH 6, 1971

2303

Black Bohannon Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chappell Clements Cole Collier Collins, M.
Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Edwards Evans Ezzard Farrar
Felton Floyd, L. R. Fraser Gaynor Gei singer Granade Grantham Greer Gunter Ham

Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight 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. Maxwell McDaniell McDonald Melton Merritt Milford Miller

Those voting in the negative were Messrs.:

Alexander, W. M. Bell Carr Cheeks Conger

Griffin Hadaway Hudson, C. M. Knowles Miles

Those not voting were Messrs,:

Battle Bennett, Tom Blackshear Bond Bray

Buck Chandler Collins, S. Colwell Cook

Morgan Moyer Mulheirn Mullinax Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Pinkston Poole Roach Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Thompson Toles Tripp Turner Westlake Wheeler, Bobby Whitmire Williams Wood
Noble Ross Triplett Wheeler, J. A.
Dailey Dean, J. B. Dixon Drury Egan

2304

JOURNAL OF THE HOUSE,

Ployd, J. H.
Gary Gignilliat Grahl Hamilton Harrington Hill, B. L. Hood Jessup Lee, W. S. Longino Matthews, D. R.

Mauldin McCracken Moore Murphy Odom Peters Phillips, G. S.
Pickard Potts Rainey Reaves Russell, A. B.

Shepherd Smith, J. R. Sweat Thomason Townsend Vaughn Wamble Ware Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 14.

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

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.

The following Committee amendment was read and adopted:

The Committee on State Institutions and Property moves to amend House Resolution No. 59-135 as follows:

By inserting, at the end thereof, the following:
"BE IT FURTHER RESOLVED that the State of Georgia shall have until September 1, 1971, to move any and all appurten ances and buildings from said property."

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 Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black

Blackshear Bohannon Bond Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter

Chance Chappell Cheeks Clements Cole Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

SATURDAY, MARCH 6, 1971

2305

Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Pelton Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Greer Griffin Gunter Had away Ham Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan

Keyton King Knight Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Knowles Kreeger Lambert Lane, Dick Lane, W. J. Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Oxford

Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson Triplett Tripp Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams

Voting in the negative was Mr. Wood.

Those not voting were Messrs. :

Alexander, W. M. Bray Buck Chandler Collier Collins, M. Collins, S. Colwell Cook Dailey Dean, J. E. Drury Farrar Floyd, J. H.

Gignilliat Grahl Hamilton Harrington Hill, B. L. Hood Johnson Longino Lowrey McCracken Merritt Murphy Odom Phillips, G. S.

Pickard Potts Rainey Reaves Russell, W. B. Sherman Thomason Toles Townsend Vaughn Ware Wilson Mr. Speaker

2306

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, as amended, the ayes were 152, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 225. By Mr. Thomason of the 77th: A Bill to be entitled an Act to provide the procedure that wholesale deal ers shall use in paying malt beverage taxes; and for other purposes.
The following Committee substitute was read and adopted:
A BILL

To be entitled an Act to amend an Act relating to malt beverage taxes, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, par ticularly by Ga. L. 1937, pp. 153, 154, so as to provide that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on malt beverages through the use of a reporting system rather than through the use of revenue stamps or tax paid crowns; to provide for certain procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act relating to malt beverage taxes, approved March 23, 1935 (Ga. L. 1935, p. 73) as amended, particularly by Ga. L. 1937, pp. 153, 154 is hereby amended by adding an additional paragraph to Section 17B as follows:
"Notwithstanding any other provision to the contrary, the State Revenue Commissioner may by regulation provide that the taxes im posed on all malt beverages manufactured, sold, possessed, or offered for sale within this State may be collected by a reporting system rather than through the use of stamps or tax paid crowns or lids. The State Revenue Commissioner may promulgate rules and regu lations covering reports to be made; records to be kept; to prescribe penalties for failure to comply with such reporting system; to re quire posting of bond or other security satisfactory to the Com missioner and other matters pertaining to the administration and enforcement of collecting the tax under the reporting system. In the event the State Revenue Commissioner prescribes a reporting system for collection of the taxes imposed on malt beverages all of the laws applicable to revenue stamps and tax paid crowns or lids shall apply to such reporting system so far as they can be made applicable."
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:

SATURDAY, MARCH 6, 1971

2307

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alien Atherton Barfield 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. Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, S. 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
Floyd, L. R.
Gary
Gaynor

Geisinger 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, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Marcus
Mason
Matthews, C.
Matthews, D. R.
Maulrlin
Maxwell
McDaniell
McDonald
Melton
Miles

Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole 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 Triplett Tripp Turner
Wamble
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wood

2308

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Battle Buck Chandler Collins, M. Colwell Dailey Dean, J. E. Drury Felton Floyd, J. H. Fraser

Gignilliat Grahl Granade Hamilton Hood Longino Lowrey McCracken Merritt Murphy Noble Odom Phillips, G. S.

Pickard Potts Rainey Reaves Russell, A. B. Toles Townsend Vaughn Ware Wilson 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 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.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide that the Clerks of the Superior Courts may close their offices on Saturdays; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Any other provisions of law to the contrary notwithstand ing, in addition to any other days on which the offices of the Clerks of the Superior Courts are closed, the Clerks in those counties where local laws do not provide otherwise, are hereby authorized to close their of fices on Saturdays.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:

Mr. Morgan of the 23rd moves to amend the Committee substitute to HB 976 by striking the words "are hereby authorized to" and inserting in lieu thereof the word "may".
The Committee substitute, as amended, was adopted.

SATURDAY, MARCH 6, 1971

2309

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 Battle Bell Bennett, Tom Berry Blackshear Bohannon Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Davis, E. T. Davis, W.
Dean, Gib
Dean, N.
Dent
Edwards
Egan
Ezzard
Farrar
Felton
Floyd, L. R.
Fraser
Gary
Gaynor
Gei singer
Gignilliat

Granade Grantham Greer Griffin Gunter Hadaway Harris Harrison Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett
Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McDaniell
Melton
Miles
Milford
Miller

Moore Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Poole Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Scarborough Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Strickland Sweat
Thomason
Thompson
Toles
Townsend
Triplett
Turner
Wamble
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wood

2310

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Alexander, W. H. Bennett, J. T. Bowen
Carter Daugherty Dorminy

Evans Ham Hawes
Hays Knight Larsen, G. K.

Matthews, D. R. McDonald Mullinax
Potts

Those not voting were Messrs.:

Barfield Black Bond Brantley, H. H. Bray Buck Carr Chance Chandler Colwell Cook Bailey Dean, J. E. Dixon Drury

Floyd, J. H. Grahl Hamilton Harrington Hill, B. L. Hood Horton Jessup Longino McCracken Merritt Murphy Peters Phillips, G. S. Pickard

Pinkston Rainey Russell, A. B. Salem Savage Shanahan Shepherd Snow Stephens Tripp Vaughn Ware Wilson Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 16.

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

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.

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. M. Alien Atherton Barfield

Battle Bell Bennett, J. T.
Berry Black Blackshear Bohannon

Bowen Brantley, H. H. Brantley, H. L.
Bray Brown, C. Brown, S. P. Brown, S. P.

SATURDAY, MARCH 6, 1971

2311

Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent
Dixon
Dorminy Edwards Egan
Ezzard Pelton
Ployd, L. R.
Fraser Gary
Gaynor Geisinger
Gignilliat Grahl
Granade Grantham
Greer
Griffin Gunter Hadaway
Harrington Harris
Harrison Hawes Hays
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, 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
Nessmith Noble Nunn Odom

Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. 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.
Snow
Sorrells
Stephens
Strickland
Sweat Thompson
Toles Townsend
Tripp
Turner
Wamble
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Bennett, Tom

Ham

Ross

2312

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. H. Bond Brown, B. D. Buck Carr
Collins, M. Colwell Conger Dailey Daugherty Dean, J. E. Drury

Evans Farrar Floyd, J. H. Hamilton Hill, B. L.
Hill, G. Hood Jones, Herb Key ton Longino Matthews, D. R. McCracken

Murphy Northcutt Peters Pickard Russell, W. B.
Thomason Triplett Vaughn Ware Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 3.

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

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 is dispute; and for other purposes.

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 Barfield
Battle Bell Bennett, J. T. Bennett, Tom
Berry Black Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Burruss 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 Edwards Egan Ezzard
Farrar Floyd, L. R. Gary Gaynor
Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham

SATURDAY, MARCH 6, 1971

2313

Hamilton Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. E. Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C.

Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach

Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Thompson Toles Townsend Tripp Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Brown, S. P.

Evans

Larsen, G. K.

Those not voting were Messrs.:

Alien Blackshear Bohannon Bond Bray Buck Colwell Dailey Dean, J. E. Drury Felton Ployd, J. H. Praser Grahl

Harrington Hawes Hood Hudson, C. M. Jones, Herb Jordan King Knight Larsen, W. W. Le vitas Longino McCracken Merritt

Oxford Peters Pickard Rainey Russell, A. B. Russell, W. B. Shepherd Stephens Thomason Triplett Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 3.

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

2314

JOURNAL OF THE HOUSE,

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.

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:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Collier Collins, S. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N.

Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, G. Horton Housley Howard Howell 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. 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 Nunn Odom Patterson Patten Pearce Phillips, G. S. Phillips, L. L.

SATURDAY, MARCH 6, 1971

2315

Phillips, W. R. Pinkston Poole Potts Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough

Shanahan Shepherd Sherman Sims Smits, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Thomason Thompson

Toles Townsend Triplett Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Cole King

Noble

Stephens

Those not voting were Messrs.:

Alexander, W. M. Bond Bray Buck Collins, M. Colwell Conger Dailey Dean, J. E. Drury

Felton Griffin Hawes Hill, B. L. Hood Jones, Herb Larsen, W. W. Longino McCracken

Northcutt Oxford
Peters Pickard Rainey
Ross Tripp Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 4.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 938. By Messrs. Hawes and Greer of the 95th and Matthews of the 16th:
A Bill to be entitled an Act to amend the "Revenue Tax Act to legalize and Control Alcoholic Beverages and Liquors", so as to define an elec tion day; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws, 1937-1938, Ex Sess., p. 103), as amended, so as to define an election day regarding the sale of distilled spirits or alcoholic beverages for consumption as the period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls; to provide an effective date; to repeal conflicting laws; and for other purposes.

2316

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-1938, Ex. Sess., p. 103), as amended, is hereby amended by adding a new Section, to be designated as Section 1A, which shall read as follows:

"Section 1A. An election day for purposes of sale of alcoholic beverages or distilled spirits for premises consumption by the drink is defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams, John Alexander, W. M. Atherton Battle Bell Bennett, Tom
Berry Black
Blackshear Bohannon
Bond Brantley, H. H. Bray Brown, B. D. Brown, C.
Brown, S. P. Busbee Carter Cole Collier Collins, M. Collins, S. Conger Connell Cook

Daugherty Davis, E. T. Davis, W. Dent Dixon Dorminy
Drury Edwards
Egan Ezzard
Farrar Felton Gary Geisinger Gignilliat
Grahl Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrison Hawes

Hays Hill, B. L. Horton Housley Howell Hudson, C. M.
Hudson, Ted Hutchinson
Isenberg Jessup
Jones, J. R. Keyton King Knight Knowles
Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lowrey Marcus

SATURDAY, MARCH 6, 1971

2317

Mason Matthews, C. Maxwell Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Noble Nunn Odom Oxford

Pearce Phillips, G. S. Phillips, L. L. Pinkston Potts Reaves
Ross Russell, A. B.
Russell, H. P. Russell, W. B. Scarborough Shanahan Sherman Sims Smith, H. R.

Smith, V. T. Snow Sorrells Strickland Thomason Thompson
Toles Townsend Turner Vaughn Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Alien Barfield Bennett, J. T. Carr
Chance Cheeks Clements Coney, G. D. Coney, J. L. Dean, Gib Dean, N. Evans Floyd, J. H.

Floyd, L. R. Fraser Granade Harris Hill, G. Howard Johnson Jones, Herb
Jordan Lane, Dick Lane, W. J. Logan Matthews, D. R. Mauldin McDonald

Moore Murphy Nessmith Northcutt Patterson Patten Roach Rush
Salem Shepherd Stephens Sweat Wamble Whitmire Williams

Those not voting were Messrs.:

Bowen Brantley, H. L. Buck Burruss Chandler Chappell Colwell Dailey Dean, J. E. Gaynor

Harrington
Hood Larsen, W. W. Longino McCracken McDaniell Merritt Peters Phillips, W. R. Pickard

Poole Rainey Savage Smith, J. R. Triplett
Tripp Ware Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 119, nays 46.

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

Mr. Westlake of the 75th stated that he inadvertently voted "aye". He in tended to vote "nay".

2318

JOURNAL OF THE HOUSE,

HB 929. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the judge and solicitor of the City Court of Metter; and for other purposes.

The following amendment was read and adopted:

Mr. Nessmith of the 44th moves to amend HB 929 by inserting in the title immediately preceding the phrase "to repeal conflicting laws", the following:

"to provide an effective date;"
By renumbering Section 2 as Section 3.
By adding a new Section 2, to read as follows:
"Section 2. The provisions of this Act shall become effective on July 1, 1972."
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 Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Carr Carter

Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Drury Edwards Egan 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

SATURDAY, MARCH 6, 1971

2319

Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup 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) Leggett Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin

McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax
Murphy Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, L. L. Poole Potts Reaves Roach Ross Rush Russell, W. B. Salem

Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner
Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire
Williams Wilson Wood

Those voting in the negative were Messrs.:

Brown, S. P. Coney, G. D. Evans

Lee, W. S. Mason Miller

Noble Pinkston Sherman

Those not voting were Messrs.:

Bell Buck Burruss Colwell Dailey Dean, J. E. Dixon Howell Johnson

Keyton
Le vitas Longino Maxwell McCracken
Odom Phillips, G. S. Phillips, W. R.

Pickard Rainey Russell, A. B. Russell, H. P. Snow Townsend Ware
Mr. Speaker

On the passage of the Bill, as amended, the ayes were 160, nays 9.

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

HB 137. By Mr. Ware of the 30th: A Bill to be entitled an Act to amend the Georgia Military Forces Re-

2320

JOURNAL OF THE HOUSE,

organization Act of 1955, so as to define the pay and allowances of the Adjutant General; 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 Mili tary Forces Reorganization Act of 1955", approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to change the qualifica tions of the Assistant Adjutants General; to provide that Assistant Adjutants General shall serve at the pleasure of the Governor; to pro vide an effective date; to repeal conflicting laws; and for other pur
poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act known as the "Georgia Military Forces Re organization Act of 1955", approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, is hereby amended by striking Section 25 in its entirety and inserting in lieu thereof a new Section 25, to read as follows:

"Section 25. Assistant Adjutants General; eligibility, appoint ment, compensation and tenure. The Governor shall appoint an As sistant Adjutant General for Army and an Assistant Adjutant General for Air, to- assist the Adjutant General in the discharge and performance of his duties. Each of the said Assistant Adju tants General shall, upon appointment, be a federally recognized officer with the rank of Lieutenant Colonel or higher, with not less than five years of continuous service in the Army or Air National Guard of Georgia. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as As sistant Adjutant General for Army or Air, as appropriate, pro vided that said officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of Lieutenant Colonel or higher, and provided further the appointment of said officer shall be within five years of the date of his retirement or resigna tion and prior to his attaining age 60. Each of the said Assistant Adjutants General shall have the rank of Brigadier General. Each of said officers shall receive the pay and allowances of a Brigadier General as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the Adjutant General, and until his successor is appointed and qualified as provided by law, the Assistant Adjutant General, senior in rank, shall perform the duties required of the Adjutant General in connection with the Military Division, but he shall perform no duties in connection with the Civil Defense Division as provided by law. Assistant Adju tants General shall hold no other State office, and they shall serve at the pleasure of the Governor."

SATURDAY, MARCH 6, 1971

2321

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.

An amendment to the Committee substitute, offered by Mr. Howard of the 117th, was read and lost.

The Committee substitute was adopted.

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

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Barfield Battle Bell Bennett, J. T. Berry Black Blackshear Brantley, H. H. Carr Carter Chance Collier Collins, M. Collins, S. Colwell Coney, J. L. Connell Daugherty Davis, W. Dean, Gib Dean, N. Dent Edwards Farrar

Fraser Gaynor Gignilliat Granade Griffin Gunter Harrison Hawes Hays Hill, G. Horton Hutchinson
Jessup Johnson Jones, J. R. Keyton King Knowles Lambert Lane, Dick
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Moore Moyer

Those voting in the negative were Messrs.:

Adams, G. D. Alien Atherton Bennett, Tom Bohannon

Bowen Brown, C. Brown, S. P. Burruss Busbee

Mulherin Northcutt Nunn Oxford Patten Pearce Phillips, G. S. Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shanahan Sims Smith, H. R. Sorrells Strickland Sweat Thompson Toles Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Wood
Chandler Clements Cole Coney, G. D. Conger

2322

JOURNAL OF THE HOUSE,

Cook Dean, J. E. Evans Ployd, J. H. Floyd, L. R. Gary Geisinger Hamilton Harrington Harris Housley Howard Hudson, Ted Jones, Herb Jordan Knight

Kreeger Lane, W. J. Larsen, G. K. Lee, W. S. Leggett Levitas Lewis Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Morgan

Mullinax Murphy Nessmith Patterson Poole Rush Salem Savage Sherman Smith, V. T. Stephens Tripp Turner Vaughn

Those not voting were Messrs.:

Bond Brantley, H. L. Bray Brown, B. D. Buck Chappell Cheeks Dailey Davis, E. T. Dixon Dorminy Drury Egan Ezzard Felton Grahl Grantham

Greer Hadaway Ham Hill, B. L. Hood Howell Hudson, C. M. Isenbergf Larsen, W. W. Lee, W. J. (Bill) Logan Longino McCracken Noble Odom Peters Phillips, L. L.

Phillips, W. R. Pickard Pinkston Potts Rainey Shepherd Smith, J. R. Snow Thomason Townsend Triplett Ware Williams Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 84, nays 61.

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

Mr. Ware of the 30th gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 137.

HR 69-179. By Mr. Collier of the 54th:
A Resolution compensating Donald Franklin Norman, Sr.; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 69-179 by changing the figure "$10,000" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$3,000".

SATURDAY, MARCH 6, 1971

2323

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 160, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 78-212. By Mr. Bennett of the 71st:
A Resolution compensating Mr. Willie Carl Davis; and for other pur poses.

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 78-212 by changing the figure "$15,000" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$7,500".

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 160, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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.

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 Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. 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, J. E. Dean, N. Dent

2324

JOURNAL OF THE HOUSE,

Dixon Drury Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton

Knight Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Phillips, L. L. Poole

Those voting in the negative were Messrs.

Larsen, G. K.

Savage

Those not voting were Messrs.:

Atherton Blackshear Bond Buck Burruss Dailey Dean, Gib Dorminy Edwards Egan Gaynor Grahl

Hood Housley Howard Howell King Knowles Lambert Longino Mason McCracken McDaniell Miller

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 Thompson Toles Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood
Odom Peters Phillips, G. S. Phillips, W. R. Pickard Pinkston Rainey Townsend Ware Wilson Mr. Speaker

SATURDAY, MARCH 6, 1971

2325

On the adoption of the Resolution, the ayes were 157, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

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 following Committee substitute was read:

A BILL

To be entitled an Act to amend Code Section 26-1704, relating to bad checks, so as to prohibit the obtaining of money, goods or other property of value, or the payment of any obligation for wages or salary, by means of making, drawing, uttering or delivering a worthless check, draft, or order for the payment of money; to provide a penalty; to provide cer tain rules of evidence and presumptions in prosecutions and for certain requirements in connection therewith; to provide certain rules of evi dence and presumption in civil actions arising out of arrest or prosecu tion; to provide that when a warrant is issued against the maker of a check, draft, or order which has not been honored, it may not be dis missed or prosecution abandoned upon payment being made or tendered by the maker as a condition for such withdrawal or abandonment; to provide that the court may order restitution as a part of the sentence imposed; to provide for all matters relative to the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 26-1704, relating to bad checks, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 26-1704 to read as follows:

"26-1704. Bad checks, (a) Any person who, with intent to de fraud, shall obtain any money, goods, or other property of value, or who shall pay any obligation for wages or salary, by making, drawing, uttering, or delivering any check, draft, or order for the payment of money on any bank or other depository, knowing at the time of such making, drawing, uttering, or delivery that the maker of such check, draft, or order has either no funds or insufficient funds on deposit in or credit with such bank or other depository with which such check, draft, or order and all other checks, drafts, or orders upon such funds or credit then outstanding, may be paid in full on presentation, or who, after having made, drawn, uttered, or delivered any such check, draft, or order, shall withdraw, or cause to be withdrawn, the funds or credit, or any part thereof, to the credit of the maker of such check, draft, or order, knowing at the time of such withdrawal that insufficient funds or credit have

2326

JOURNAL OF THE HOUSE,

been left with such bank or other depository to pay such check, draft, or order, and all other checks, drafts, or orders upon such funds or credit then outstanding in full on presentation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be pun ished as for a misdemeanor. The word 'credit' as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of such checks, drafts, or orders then outstanding.

(b) In any prosecution for the violation of this Section, proof of the drawing, uttering, or delivery of such a check, draft, or order, payment of which is refused by the bank or other depository on which drawn because of either no funds or insufficient funds to the credit of the maker of such instruments, or credit available to the maker, or because the maker had no account with the bank or other depository on which the check, draft, or order was drawn, shall be prima facie evidence of such maker's knowledge that the check, draft, or order would not be honored; provided, however, that any prosecution hereunder shall be founded upon such check, draft, or order being presented within thirty days after delivery and the accused shall have failed to make good such check, draft, or order within ten days after receiving written notice of its dishonor by the bank or other depository upon which drawn as provided in sub
section (c) of this Section.

(c) If payment of any check, draft, or order for the payment of money be refused by the bank or other depository upon which such instrument is drawn, and the person who made, drew, uttered, or de livered such instrument be arrested or prosecuted under the provi sions of this Section, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in bringing about such arrest or prosecution in any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where payment of the in strument was refused, and after said refusal mailed written notice to such maker informing him that payment of such check, draft, or order has been refused, and then waited 10 days after mailing such notice, without the amount due under the provisions of such instru ment being paid; provided, however, that said notice by mail must be evidenced by a registered or certified mail return receipt bearing the signature of such maker. In any such civil action, no evidence of statements or representations as to the status of the check, draft, order, or deposit involved, or of any collateral agreement with refer ence to the check, draft, order, or deposit, shall be admissible unless such statements, representations, or collateral agreement shall be written upon the instrument at the time it is delivered by the maker thereof.
(d) When the payee or holder of any such check, draft, or order that has not been honored takes out a warrant or causes a warrant to issue against the maker of such check, draft, or order, the payee

SATURDAY, MARCH 6, 1971

2327

or holder may not dismiss such warrant or abandon prosecution thereon upon payment being made or tendered by the maker of the check, draft, or order as a condition for such dismissal or abandon ment.
(e) When a person is convicted of violating this Section, the court, in its discretion, may order, as a part of the sentence im posed, that restitution be made to the payee or holder of such in strument."
Section 2. Code Section 13-9933, relating to prohibiting the obtain ing of money, goods or other property of value, or the payment of any obligation for wages or salary, by means of making, drawing, uttering or delivering a worthless check, draft, or order for the payment of money, as amended, by an Act approved March 6, 1962 (Ga. Laws 1962, p. 593) is hereby repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendments were read and adopted:
Mr. Adams of the 9th moves to amend the Committee substitute to HB 270 as follows:
By inserting at the end of the sentence which ends on line 33 of page 3 the following:
"Provided, however, if payment of any check, draft or order for the payment of money be refused because the maker had no account with the bank or other depository on which any said instrument was drawn, the person causing the arrest or prosecu tion to be made shall be deemed to have acted with reasonable or probable cause even though the person causing such arrest or prosecution shall not have mailed the written notice or waited for the ten-day period to elapse.".
Mr. Murphy of the 19th moves to amend the Committee substitute to HB 270 by adding at the end of line 14 subsection (d) of Section 1 the words "with out prior written consent of the prosecuting attorney".
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, John Berry Black Brantley, H. L.

Bray Busbee Chance Clements

Cole Collins, M. Coney, G. D. Coney, J. L.

2328

JOURNAL OP THE HOUSE,

Connell Davis, W. Dean, Gib Dean, N. Dent Dixon Ezzard Floyd, J. H. Granade Grantham Ham Harrington Harris Harrison Hawes Hays Hill, G. Howell Hudson, C. M. Hutchinson Isenberg Jones, J. E.
Jordan Keyton

Knight Knowles Kreeger Lane, W. J. Larsen, G. K. Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell Milford Miller
Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Patterson

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin
Alexander, W. H. Barfield Bennett, J. T. Bennett, Tom Blackshear Bowen
Brown, C. Brown, S. P. Carter Chappell
Collins, S. Conger
Daugherty Dorminy

Evans Floyd, L. R. Fraser Gary Geisinger Griffin Hill, B. L. Hudson, Ted Jessup Johnson Jones, Herb King Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Those not voting were Messrs.:

Alexander, W. M. Alien Atherton Battle Bell Bohannon Bond Brantley, H. H. Brown, B. D. Buck Burruss

Carr Chandler Cheeks Collier Colwell Cook Dailey Davis, E. T. Dean, J. E. Drury Edwards

Patten Pinkston Poole Potts Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shepherd Sims Smith, V. T. Snow Sorrells Toles Tripp Turner Wamble Westlake Wheeler, J. A. Whitmire Williams Wood
Matthews, D. R. Melton Merritt Miles Moore Northcutt Oxford Phillips, W. R. Savage Sherman Smith, H. R. Smith, J. R. Stephens Strickland Thompson Wheeler, Bobby
Egan Farrar Felton Gaynor Gignilliat Grahl Greer Gunter Hadaway Hamilton Hood

SATURDAY, MARCH 6, 1971

2329

Horton Housley Howard Lambert Leggett Lewis Longino McCracken McDaniell McDonald Odom

Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Rainey Reaves Roach Ross Rush Salem

Shanahan Sweat Thomason Townsend Triplett Vaughn Ware Wilson Mr. Speaker

On passage of the Bill, by substitute, as amended, the ayes were 82, nays 48.

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

Mr. Coney of the 113th 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 270.

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"; and for other purposes.

The following Committee substitute was read and adopted:
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; to define certain terms; to exempt certain out of state land sales transactions; to confer certain regulatory powers on the Secretary of State, Commissioner of Securities and on the Georgia Real Estate Commission; to provide for the appointment of the Secretary of State as agent for service of process upon certain per sons and brokers; to provide for posting of bond; to require sales pros pectuses; to require licenses; to require filing fees; to provide for in vestigations by the Georgia Real Estate Commission; to provide for approval of certain land sales prospectuses by the Secretary of State; to prohibit misrepresentations in land sales offerings; and to regulate the execution of sales, and to provide for revocation of certain sales contracts; to provide for revocation of brokers' or salesmen's licenses; to prohibit certain persons from acting as brokers; to exempt from the provisions of the Act certain persons engaged in advertising; to pro vide for appeal of certain decisions; to authorize the Commissioner of Securities to promulgate rules and regulations; to provide for injunctive relief; to provide for fines for violations; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

2330

JOURNAL OF THE HOUSE,

Section 1. The terms used in this Act shall be construed as follows:

(1) "Disposition" or "dispose of" means any sale, exchange, lease, assignment, award by lottery or other transaction designed to convey an interest in a subdivision or parcel, lot, or unit thereof when undertaken for gain or profit;
(2) "Offer" means every inducement, solicitation or attempt to bring about a disposition;
(3) "person" means an individual, firm, company, association, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association or organization, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;
(4) "broker" means a real estate broker duly licensed in this state;
(5) "purchaser" means a person who acquires an interest in any lot parcel or unit in a subdivision;

(6) "subdivision" means any land or tract of land in another state which is divided or proposed to be divided into twenty-five (25) or more lots, parcels, units or interest, for the purpose of disposition as part of a common promotional plan and where any subdivision is offered by a single developer, or a group of developers acting in concert, and such land is contiguous or is known, desig nated or advertised as a common unit or by a common name such land shall be presumed, without regard to the number of lots covered by each individual offering, to be part of a common promotional plan, but such term shall not be construed to include condominium
regimes or cooperative apartment entities.

(7) "the Real Estate Commission" means the Georgia Real Estate Commission;

(8) "The Securities Commissioner" means the Secretary of the State of Georgia acting as Commissioner of Securities.

Section 2. (a) Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this Act or the pro visions of the Federal Interstate Land Sales Full Disclosure Act, this Act shall not apply to the making of any offer or disposition or any subdivision or lot, parcel, unit or interest therein:

(1) By a purchaser of any subdivision lot, parcel or unit there of for his own account in a single or isolated transaction;

(2) If each lot, parcel or unit being offered or disposed of in any subdivision is five (5) acres or more in size;

(3) To any person who is engaged in the business of the con-

SATURDAY, MARCH 6, 1971

2331

struction of residential, commercial or industrial building for dis position;

(4) Pursuit to the Order of any court in this State;

(5) By or to any government or government agency;

(6) Or to any offer or disposition of any evidence or indebted ness secured by way of any deed to secure debt, mortgage or deed of trust of real estate;

(7) Or to securities or units of interest issued by an investment trust regulated under the laws of this State;

(8) To cemetery lots;

(9) Or to the disposition or offer of any improved land on which there is a residential, commercial or industrial building, or to the disposition or offer of land under a contract obligating the seller to erect such a building thereon within a period of three (3) years.

(b) The Securities Commissioner may from time to time, pursuant to rules and regulations issued by him, exempt from any of the pro^ visions of this Act any subdivision, if he finds that the enforcement of this Act with respect to such subdivision or lots, parcels, units or interest is not necessary in the public interest and for the protection of purchasers by reason of the small amount involved or the limited charac ter of the offering, or because such property has been registered and approved pursuant to the laws of any other state.

(c) Any subdivision which has been registered under the Federal Interstate Land Sales Full Disclosure Act shall be exempt from all of the provisions of this Act, except Sections 3 (a) 8, and 9, upon filing with the Commission a copy of an effective statement of record filed with the Secretary of Housing and Urban Development together with a filing fee of One Hundred & 00/100 ($100.00) Dollars.

(d) Any subdivision which has been registered under or specifically exempt from the provisions of the Federal Interstate Land Sales Full Disclosure Act shall be exempt from all of the provisions of this Act, if in the offering of said subdivision it stipulates that all sales, ex changes or leases must be executed by all parties thereto on the premises in the state where the offer originates and that the prospective pur chaser or a member of his immediate family has physically viewed the premises to be conveyed, prior to the execution of any contract.
Section 3. Except as provided in Section 2 of this Act no sub division or lot, parcel, unit or interest in any subdivision situated out side of this state shall in any way be offered or disposed of in this state by any person until:

(a) Such person has appointed in writing the Secretary of State and his successors in office to be his or its attorney, upon whom all

2332

JOURNAL OF THE HOUSE,

process, in any action or proceeding against him or it, may be served, and in such writing such person shall agree that any process against him or it which is served on said Secretary of State shall be of the same legal force and validity as if served on such person and that such appointment shall continue in force as long as any liability remains outstanding against such person in this state. Such written appointment shall be acknowledged before some officer authorized to take acknowl edgments of deeds and shall be filed in the office of said Secretary, and copies certified by him shall be sufficient evidence of such appoint ment and agreement,
(b) He has posted with the Securities Commissioner such bond, in favor of the State, as the Commissioner may require with surety in such amount as the Commissioner may in his discretion determine. No bond which may be required under this Act shall be accepted for filing unless it is with a surety company authorized to do business in this state. Any person aggrieved by an act of the principal named in such bond in violation of the provisions of this Act may proceed on such bond against the principal or surety therein, or both, to recover damages.

Section 4. Any person proposing to offer in this state or dispose of any subdivision or lot, parcel, unit or interest therein located in another state shall first submit to the Securities Commissioner:

(1) Such particulars and details of the subdivision or lots, parcels, units or other interest in any subdivision to be offered or to be disposed of as the Securities Commissioner may by regula tion require, including but not limited to a sales prospectus embody ing all the terms relative to the offering and disposition,

(2) A completed license application in such form as the Securi ties Commissioner may require, and

(3) A filing fee of One Hundred & 00/100 ($100.00) Dollars.
Section 5. The Securities Commissioner shall, prior to issuing any license under this Act to any person, fully investigate all information placed before it as may be required pursuant to Section 4 of this Act and, if in the judgment of the Securities Commissioner it is necessary, shall inspect the property which is the subject of the application. All reasonable expenses incurred by the Securities Commissioner in carrying out such investigation or inspection shall be paid by the applicant and no license shall be issued until such expenses have been fully paid. The Securities Commissioner is hereby authorized, in his discretion, to re quest that the Georgia Real Estate Commission assist him to whatever extent he determines necessary, in conducting such inspection.
Section 6. The Securities Commissioner shall, upon completion of its investigation and inspection, but in the absence of any agreement to the contrary between the applicant and the Securities Commissioner, in any case not later than two (2) months from the receipt of the com pleted license application, approve the sales prospectus submitted under Section 4 of this Act; provided, however, that if it appears to the Securities Commissioner that the prospectus is incomplete or inaccurate in any material respect, the Securities Commissioner shall within a

SATURDAY, MARCH 6, 1971

2333

reasonable time, but before the date the prospectus would be effective, so advise the person submitting the prospectus, and such notification shall serve to suspend the effective date of any prospectus until thirty (30) days after the filing of such additional information as the Securi ties Commissioner shall require. At such time as the prospectus shall be approved, the Securities Commissioner shall issue to the applicant a license to offer and dispose of, in this state, the subdivision or parcels, units or other interests in any subdivision the subject of the application. Such license shall be valid indefinitely unless there is a material change affecting such subdivision or lot, parcels, units or other interest in any subdivision or the offer or disposition thereof, in which case all new facts shall be reported to the Securities Commissioner immediately. Upon receipt of such report or in the event that any such material change is discovered by or comes to the attention of the Securities Com missioner through other sources, the Securities Commissioner may, after notice and a hearing, take such action as he considers necessary, includ ing the suspension or revocation of such license if justified.

Section 7. No person shall in any manner refer to the Securities Commissioner or to any member or employee thereof in offering or dis posing of in this state any subdivision lot, parcel or unit in a subdivision nor make any representation whatsoever that such property has been inspected or approved or otherwise passed upon by the Securities Com missioner, or any official, department or employee of this state.

Section 8. A clearly identified copy of the sales prospectus shall be given to each purchaser by the Seller prior to the execution of any contract for the disposition of any such property. The Seller shall ob tain from the purchaser a signed receipt for a copy of such sales prospectus and, if a contract for disposition shall be entered into, the receipt shall be kept in the seller's files for a period of seven (7) years and shall be subject to inspection by the Securities Commissioner.

(a) Unless a buyer or lessee acknowledges in writing that he has read the report and personally inspected the lot prior to signing his contract, he may revoke his contract within forty-eight (48) hours from the signing of his contract, if he has received the property report less than forty-eight (48) hours prior to signing such contract.
Section 9. Any broker or real estate salesman violating any pro vision of this Act shall, in addition to any other penalty imposed by this Act and subject to the provisions of the laws governing real estate brokers and salesmen, have his real estate broker's or salesman's license suspended or revoked by the Georgia Real Estate Commission for such time as in the circumstances it considers justified.

Section 10. The owner, publisher, licensee or operator of any news paper, magazine, visual or sound radio broadcasting station or network of stations or the agents or employees of any such owner, publisher, licensee or operator of such newspaper, magazine, station or network of stations shall not be liable under this Act for any advertising of any subdivision, lot, parcel or unit in any subdivision carried in any such newspaper or magazine or by any such visual or sound radio broad casting station or network of stations nor shall any of them be liable under this Act for the contents of any such advertisement.

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JOURNAL OF THE HOUSE,

Section 11. Any person aggrieved by any action or decision, order or regulation of the Securities Commissioner may appeal to the Fulton County Superior Court or such other Superior Court as may have juris diction thereof.

Section 12. As provided by law, the Securities Commissioner shall from time to time promulgate such rules and regulations as it shall deem necessary for the carrying out and enforcement of the provisions of this Act, in the interests of the public.

Section 13. The Securities Commissioner may petition for an in junction to enforce the performance of any duty, or for an order to restrain the breach of any duty, imposed by the provisions of this Act.

Section 14. Any person who violates the provisions of this Act shall, upon conviction, be fined not less than One Thousand & 00/100 ($1,000.00) Dollars and not more than Five Thousand & 00/100 ($5,000.00) Dollars.

Section 15. This Act shall be known as the "Out of State Land Sales Act."

Section 16. 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 Alexander, W. H. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bowen Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Burruss Busbee Carr Carter

Chance Chandler Chappell Cheeks Clements Cole Collier Colling, 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 Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton

SATURDAY, MARCH 6, 1971

2335

Harrington Harris Harrison Hays Hill, B. L. Hill, G. 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 Lowrey Marcus Mason Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce 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, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Tripp Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Adams, G. D. Adams, Marvin Alexander, W. M. Alien Battle Bond Bray Brown, B. D. Buck Collins, M. Colwell Dailey

Egan Farrar Gaynor Gignilliat Grahl Hawes Hood Jones, Herb Longino Matthews, C. Matthews, D. R. Merritt

Miller Murphy Patten Peters Pickard Rainey Russell, A. B. Townsend Triplett Vaughn Ware 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.

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HB 788. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law"; and for other purposes.

The following Committee substitute was read:

A BILL
To be entitled an Act to amend Code Sections 92-1402, 92-1403, 921405, 92-1408, 92-1407, 92-1413, 92-1417 and 92-1418 of the Georgia Code of 1933 relating to motor fuel taxes and known as the "Motor Fuel Tax Law," as amended particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167) ; an Act approved March 28, 1947 (Ga. Laws 1947, p. 1115) ; an Act approved February 15, 1952, (Ga. Laws 1952, p. 214) ; and an Act approved June 24, 1955, (Ga. Laws 1955, Extra Sess., p. 52) ; and an Act approved March 1, 1966, (Ga. Laws 1966, p. 61), so as to provide for a definition of a sale; so as to provide for definitions of special aviation gasoline and special aviation gasoline dealer; to provide for a certain exemption from the payment of motorfuel taxes on special aviation gasoline; to provide for the licensing of special aviation gasoline dealers; to increase the bond requirements of licensed distributors; to provide for refunds for evaporation losses; to increase the time period for the retention of records by distributors to dealers; to clarify and change the procedure pertaining to default tax payments and to increase the time period in which refunds of taxes erroneously or illegally collected may be refunded; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 92-1402 of the Georgia Code of 1933, relat ing to definitions under the "Motor Fuel Tax Law," as amended, par ticularly by an Act approved March 18, 1937, known as the "Motor Fuel Tax Law," (Ga. Laws 1937, p. 167), as amended, is hereby amended by striking- paragraph (I) in its entirety and substituting in lieu thereof the following so that when so amended paragraph (I) of Code Section 92-1402 shall read as follows:
"(I) Sale shall mean and include any exchange, gift or other disposition, and "purchase" shall include any acquisition of owner ship. Sale shall also mean and include the delivery of motor fuel into any storage receptacle from which withdrawals are made di rectly into the supply tank of a motor vehicle."

Section 2. Code Section 92-1402 of the Georgia Code of 1933, re lating to definitions under the "Motor-Fuel Tax Law," as amended, par ticularly by an Act approved March 18, 1937, known as the "Motor-Fuel Tax Lav/," (Ga. Laws 1937, p. 167), as amended, is hereby amended by adding- the following language at the end of said Code Section:

"(0) 'Special Aviation Gasoline' shall mean gasoline of such quality that it is designed and sold for use solely in aircraft en gines and not otherwise.

SATURDAY, MARCH 6, 1971

2337

"(P) 'Special Aviation Gasoline Dealer' shall mean any per son who sells or consumes special aviation gasoline."

Section 3. Code Section 92-1403 of the Georgia Code of 1933, as amended, relating to the levy of motor-fuel taxes and exemptions and known as the "Motor-Fuel Tax Law," as amended, particularly by an Act approved February 15, 1952, (Ga. Laws 1952, p. 214), and an Act approved June 24, 1955, (Ga. Laws 1955, Extra. Sess., p. 52), is hereby amended by striking and eliminating paragraph (K) of said Code Sec tion in its entirety and inserting in lieu thereof at the end of paragraph (D) of said Code Section a new subparagraph to be designated para graph (D) (4), and when so amended shall read as follows:

"(D) (4) The sale of special aviation gasoline by a duly licensed distributor to a duly licensed special aviation gasoline dealer is exempt from the taxes imposed by this Chapter, with the exception of one (1) cent per gallon, subject to the conditions set forth in Section 92-1405 (I). The right of the exemptions under the provisions of this subsection shall not be assignable and any assignment thereof shall be utterly void and of no effect."

Section 4. Code Section 92-1405 of the Georgia Code of 1933, re lating to the licensing and bond requirements of distributors under the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, (Ga. Laws 1937 p. 167), is hereby amended by adding at the end of said Code Section a new paragraph to be designated para graph (I), and when so amended said paragraph shall read as follows:

"(I) Licensing of Special Aviation Gasoline Dealers'--Any person who sells or consumes gasoline of such quality that it is designed and sold for use solely in aircraft engines and not other wise shall be eligible to become licensed as a 'Special Aviation Gaso line Dealer,' subject to the following conditions:

"(1) An application shall be filed by such person with the State Revenue Commissioner. Such application shall be under oath and shall be in such form as prescribed by the State Revenue Commissioner.

"(2) In the event that: (a) any application for a license to transact business as a special aviation gasoline dealer in the State of Georgia shall be filed by any person whose license shall at any time theretofore have been cancelled for cause by the State Revenue Commissioner, or in case (b) the State Revenue Commissioner shall be of the opinion that such application is not filed in good faith, or that (c) such application is filed by some person as a subterfuge for the real person in interest whose license or registration shall theretofore have been cancelled for cause by the State Revenue Commissioner, then, and in any of said events, the State Revenue Commissioner (after a hearing of which the applicant shall have been given five days' notice in writing and in which the applicant shall have the right to appear in person or by counsel and present testimony), shall have and is hereby given the right and authority to refuse to issue to such person a license certificate to transact

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business as a special aviation gasoline dealer in the State of Georgia.

"(3) Upon the filing of the application for a license, a filing fee of $5 shall be paid to the State Revenue Commissioner.

"(4) The application in proper form having been accepted for filing, and the filing fee paid, and other conditions and require ments of this section having been complied with, the State Revenue Commissioner shall issue to such person, a license certificate to transact business as a special aviation gasoline dealer in the State of Georgia. Such license shall remain in full force and effect until cancelled as provided in this Chapter.

"(5) The license certificate so issued by the State Revenue Commissioner shall not be assignable, and shall be valid only for the person in whose name issued, and shall be displayed con spicuously in the principal place of business of said special aviation gasoline dealer in the State of Georgia.

"(6) The State Revenue Commissioner shall keep and file all applications with an alphabetical index thereof, together with a record of all licensed special aviation gasoline dealers.

"(7) Any person who shall falsely swear to an application, information statement, or any sworn statement made in connection with the procurement of an exemption of special aviation gasoline, knowing that any statement contained therein is false shall be sub ject to the penalties provided in section 92-9923 of this law.

"(8) The State Revenue Commissioner shall make such rules and regulations, not inconsistent with the provisions of this sub section as are necessary and proper for the enforcement of this subsection. Such rules and regulations shall have the force of law and shall be observed by all persons seeking the benefits of this subsection."
Section 5. Code Section 92-1406 of the Code of Georgia of 1933, as amended, relating to the bond requirements of license distributors, and known as the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167), is hereby amended by striking paragraph (A) (1) in its entirety and inserting in lieu thereof a new paragraph (A) (1), so that when amended said paragraph shall read as follows:
"(A) Every distributor shall file with the State Revenue Com missioner a surety bond (1) In the approximate sum of three times the average monthly motor fuel tax due by such distributor during the next preceding twelve calendar months, provided that in no case shall the bond be less than one thousand ($1,000) dollars nor more than seventy-five thousand ($75,000) dollars, in the discretion of the State Revenue Commissioner."
Section 6. Said Code Section 92-1406 of the Code of Georgia of

SATURDAY, MARCH 6, 1971

2339

1933 is further amended by striking from subsection (C) of said Code Section the figure "$25,000" and inserting in lieu thereof the words and figure "seventy-five thousand ($75,000) dollars," so that as amended subsection (C) of said Code Section shall read as follows:

"(C) In the event that upon hearing, of which the distributor shall be given five (5) days notice in writing, the State Revenue Commissioner shall decide that the amount of the existing bond is insufficient to insure payment to the State of Georgia of the amount of the tax and any penalties and interest for which said distributor is or may at any time become liable, then the distributor shall forth with, upon the written demand of the State Revenue Commissioner,
file an additional bond in the same manner and form with a surety company thereon approved by the State Revenue Commissioner in any amount determined by the State Revenue Commissioner to be necessary to secure at all times the payment by such distributor to the State of Georgia of all taxes, penalties, and interest due under the provisions of this Chapter provided, however, the total amount of bond required of any one distributor shall not exceed the maximum sum of seventy-five thousand ($75,000) dollars failing which, the State Revenue Commissioner shall forthwith cancel the license certificate of said distributor."

Section 7. Code Section 92-1407 of the Georgia Code of 1933 re lating to motor fuel tax reports and refunds, as amended, particularly as amended by an Act approved January 24, 1955, (Ga. Laws 1955, Extra. Sess., p. 52), is hereby amended by striking the first sentence of paragraph (E) and inserting in lieu thereof the following so that when so amended the first sentence of paragraph (E) of Code Section 92-1407 shall read as follows:

"(E) Every person selling motor fuel at retail shall be entitled to a refund of two percent (2%) of the first five and one-half cents per gallon of all taxes imposed by the State of Georgia on any such motor fuel sold at retail by such persons, to cover losses in evaporation, subject to the conditions set forth in this subsection."

Section 8. Code Section 92-1413 of the Georgia Code of 1933, as amended, relating to retention of records by distributors and dealers and known as the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167), is hereby amended by striking from paragraphs (A) and (B) of said Code Sec tion the word "two" and inserting in lieu thereof the word and figure "three (3)" so that, as amended, paragraphs (A) and (B) of Code Section 92-1413 shall read as follows:

"(A) Each distributor shall maintain and keep, for a period of three (3) years, such record or records of motor fuel received, used, sold and/or delivered within this State by such distributor, to gether with invoices, bills-of-lading, and other pertinent records and papers as may be required by the State Revenue Commissioner for the reasonable administration of this Chapter.
"(B) Every jobber, dealer, or other person receiving motor

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fuel in this State (for sale, distribution, use or consumption, and not specifically covered in this Chapter) shall maintain and keep for a period of three (3) years a record of motor fuel received, and the purchase price, together with delivery tickets, invoices, and billsof lading, and such other record as the State Revenue Commissioner shall require."

Section 9. Code Section 92-1417 of the Georgia Code of 1933, as amended, relating to default of motor fuel tax payments and known as the "Motor Fuel Tax Law," as amended, particularly by an Act ap proved March 18, 1937, (Ga. Laws 193Y, p. 167), is hereby amended by striking paragraph (A) of said Code Section in its entirety and inserting a new paragraph (A), so that, as amended, paragraph (A) of Code Section 92-1417 shall read as follows:

"(A) When any distributor is in default in the payment of any taxes due under this Chapter, the State Revenue Commissioner shall assess the taxes due as provided by an Act approved January 3, 1938, dealing with the administration of taxing laws, and found in Georgia Laws 1937-38, Extra Session, at Page 77; provided, how ever, that any assessment for taxes due under this Act shall be made within the time limits provided as follows:

"(1) Where the distributor has filed a proper and timely report under this Act, any additional assessment shall be made by the State Revenue Commissioner within three (3) years from the last date upon which the reports could be timely filed by the distributor.

"(2) Where the distributor has filed a report under this Act which contains fraudulent statements or omissions of material facts, the effect of which makes the taxpayer's report a fraudulent repre sentation, the State Revenue Commissioner may re-open the tax period and make any additional assessment of taxes due at any time within seven (7) years from the time the report could have been filed by the taxpayer under the law without delinquency.

"(3) Where the distributor has filed no return, the taxes may be assessed at any time.

"The State Revenue Commissioner shall proceed to collect any deficiencies and taxes due under this law by levy, garnishment, attachment or suit or any other provisions provided by law for collection of delinquent state tax."
Section 10. Code Section 92-1418 of the Georgia Code of 1933, as amended, relating to refund of taxes erroneously or illegally collected and known as the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167), is hereby amended by striking from paragraph (B) of said Code Section the word "two" and inserting in lieu thereof the word "three," so that, as amended, paragraph (B) of Code Section 92-1418 shall read as follows:
"(B) No refunds shall be made under the provisions of this section unless a written claim therefor setting forth the circum-

SATURDAY, MARCH 6, 1971

2341

stances by reasons of which such refund shall be allowed, which claim shall be in such form as the State Revenue Commissioner shall prescribe, shall be sworn to by the claimant, and shall be filed with the State Revenue Commissioner within three years from the date of payment of the taxes illegally or erroneously collected."

Section 11. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or un constitutional, 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, sen tence, 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 ad judged invalid or unconstitutional.

Section 12. The provisions of this Act shall become effective on the first day of June, 1971.

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

The Committee substitute was withdrawn.

The following substitute, offered by Mr. Busbee of the 61st, was read and adopted:
A BILL

To be entitled an Act to amend Code Sections 92-1402, 92-1403, 921405, 92-1406, 92-1413, 92-1417 and 92-1418 of the Georgia Code of 1933 relating to motor fuel taxes and known as the "Motor Fuel Tax Law," as amended particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167) ; an Act approved March 28, 1947, (Ga. Laws 1947, p. 1115), an Act approved February 15, 1952, (Ga. Laws 1952, p. 214) ; and an Act approved June 24, 1955, (Ga. Laws 1955, Extra. Sess., p. 52); and an Act approved March 1, 1966, (Ga. Laws 1966, p. 61), so as to provide for a definition of a sale; so as to provide for definitions of special aviation gasoline and special aviation gasoline dealer; to pro vide for a certain exemption from the payment of motor-fuel taxes on special aviation gasoline; to provide for the licensing of special aviation gasoline dealers; to increase the bond requirements of licensed distribu tors; to increase the time period for the retention of records by dis tributors to dealers; to clarify and change the procedure pertaining to default tax payments and to increase the time period in which refunds of taxes erroneously or illegally collected may be refunded; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 92-1402 of the Georgia Code of 1933, relat ing to definitions under the "Motor Fuel Tax Law," as amended, par-

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ticularly by an Act approved March 18, 1937, known as the "Motor Fuel Tax Law," (Ga. Laws 1937, p. 167), as amended, is hereby amended by striking paragraph (I) in its entirety and substituting in lieu thereof the following so that when so amended paragraph (I) of Code Section 92-1402 shall read as follows:

"(I) Sale shall mean and include any exchange, gift, or other disposition, and 'purchase' shall include any acquisition of owner ship. Sale shall also mean and include the delivery of motor fuel into any storage receptacle from which withdrawals are made di rectly into the supply tank of a motor vehicle."

Section 2. Code Section 92-1402 of the Georgia Code of 1933, re lating to definitions under the "Motor-Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, known as the "MotorFuel Tax Law," (Ga. Laws 1937, p. 167), as amended, is hereby amended by adding the following language at the end of said Code Section:
"(O) 'Special Aviation Gasoline' shall mean gasoline of such quality that it is designed and sold for use solely in aircraft engines and not otherwise.
"(P) 'Special Aviation Gasoline Dealer' shall mean any person who sells or consumes special aviation gasoline."
Section 3. Code Section 92-1403 of the Georgia Code of 1933, as amended, relating to the levy of motor-fuel taxes and exemptions and known as the "Motor-Fuel Tax Law," as amended, particularly by an Act approved February 15, 1952, (Ga. Laws 1952, p. 214), and an Act approved June 24, 1955, (Ga. Laws 1955, Extra. Sess., p. 52), is hereby amended by striking and eliminating paragraph (K) of said Code Sec tion in its entirety and inserting in lieu thereof at the end of paragraph (D) of said Code Section a new subparagraph to be designated para graph (D) (4), and when so amended shall read as follows:
"(D) (4) The sale of special aviation gasoline by a duly li censed distributor to a duly licensed special aviation gasoline dealer is exempt from the taxes imposed by this Chapter, with the excep tion of one (1) cent per gallon, subject to the conditions set forth in Section 92-1405 (I). The right to the exemptions under the pro visions of this subsection shall not be assignable and any assignment thereof shall be utterly void and of no effect."
Section 4. Code Section 92-1405 of the Georgia Code of 1933, re lating to the licensing and bond requirements of distributors under the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167), is hereby amended by adding at the end of said Code Section a new paragraph to be designated para graph (I), and when so amended said paragraph shall read as follows:
"(I) Licensing of 'Special Aviation Gasoline Dealers'--Any per son who sells or consumes gasoline of such quality that it is designed and sold for use solely in aircraft engines and not otherwise shall be eligible to become licensed as a 'Special Aviation Gasoline Dealer,' subject to the following conditions:

SATURDAY, MARCH 6, 1971

2343

"(1) An application shall be filed by such person with the State Revenue Commissioner. Such application shall be under oath and shall be in such form as prescribed by the State Revenue Com missioner.

"(2) In the event that: (a) any application for a license to transact business as a special aviation gasoline dealer in the State of Georgia shall be filed by any person whose license shall at any time theretofore have been cancelled for cause by the State Revenue Commissioner, or in case (b) the State Revenue Commissioner shall be of the opinion that such application is not filed in good faith, or that (c) such application is filed by some person as a subterfuge for the real person in interest whose license or registra tion shall theretofore have been cancelled for cause by the State Revenue Commissioner, then, and in any of said events, the State Revenue Commissioner (after a hearing of which the applicant shall have been given five days' notice in writing and in which the applicant shall have the right to appear in person or by counsel and present testimony), shall have and is hereby given the right and authority to refuse to issue to such person a license certificate to transact business as a special aviation gasoline dealer in the State, of Georgia.

"(3) Upon the filing of the application for a license, a filing fee of $5 shall be paid to the State Revenue Commissioner.

"(4) The application in proper form having been accepted for filing, and the filing fee paid, and the other conditions and require ments of this section having been complied with, the State Revenue Commissioner shall issue to such person, a license certificate to transact business as a special aviation gasoline dealer in the State of Georgia. Such license shall remain in full force and effect until cancelled as provided in this Chapter.

"(5) The license certificate so issued by the State Revenue Commissioner shall not be assignable, and shall be valid only for the person in whose name issued, and shall be displayed conspicuous ly in the principal place of business of said special aviation gasoline dealer in the State of Georgia.

"(6) The State Revenue Commissioner shall keep and file all applications with an alphabetical index thereof, together with a record of all licensed special aviation gasoline dealers.

"(7) Any person who shall falsely swear to an application, information statement, or any sworn statement made in connection with the procurement of an exemption of special aviation gasoline, knowing that any statement contained therein is false shall be sub ject to penalties provided in section 92-9923 of this law.

"(8) The State Revenue Commissioner shall make such rules and regulations, not inconsistent with the provisions of this sub section as are necessary and proper for the enforcement of this

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subsection. Such rules and regulations shall have the force of law and shall be observed by all persons seeking the benefits of this subsection."

Section 5. Code Section 92-1406 of the Code of Georgia of 1933, as amended, relating to the bond requirements of licensed distributors, and known as the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167), is hereby amended, by striking paragraph (A) (1) in its entirety and inserting in lieu thereof a new paragraph (A) (1), so that when amended said paragraph shall read as follows:

"(A) Every distributor shall file with the State Revenue Com missioner a surety bond (1) In the approximate sum of three times the average monthly motor fuel tax due by such distributor during the next preceding twelve calendar months, provided that in no case shall the bond be less than one thousand ($1,000) dollars nor more than seventy-five thousand ($75,000) dollars, in the discretion of the State Revenue Commissioner."
Section 6. Said Code Section 92-1406 of the Code of Georgia of 1933 is further amended by striking from subsection (C) of said Code Section the figure "$25,000" and inserting in lieu thereof the words and figure "seventy-five thousand ($75,000) dollars," so that as amended subsection (C) of said Code Section shall read as follows:
"(C) In the event that upon hearing, of which the distributor shall be given five (5) days notice in writing, the State Revenue Commissioner shall decide that the amount of the existing bond is insufficient to insure payment to the State of Georgia of the amount of the tax and any penalties and interests for which said distributor is or may at any time become liable, then the distributor shall forthwith, upon the written demand of the State Revenue Commis sioner, file an additional bond in the same manner and form with a surety company thereon approved by the State Revenue Commis sioner in any amount determined by the State Revenue Commis sioner to be necessary to secure at all times the payment by such distributor to the State of Georgia of all taxes, penalties, and in terest due under the provisions of this Chapter provided, however, the total amount of bond required by any one distributor shall not exceed the maximum sum of seventy-five thousand ($75,000) dollars failing which, the State Revenue Commissioner shall forthwith can cel the license certificate of said distributor."
Section 7. Code Section 92-1413 of the Georgia Code of 1933, as amended, relating to retention of records by distributors and dealers and known as the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937 (Ga. Laws 1937, p. 167), is hereby amended by striking from, paragraphs (A) and (B) of said Code Sec tion the word "two" and inserting in lieu thereof the word and figure "three (3)" so that, as amended, paragraphs (A) and (B) of Code Section 92-1413 shall read as follows:
"(A) Each distributor shall maintain and keep, for a period of three (3) years, such record or records of motor fuel received,

SATURDAY, MARCH 6, 1971

2345

used, sold and/or delivered within this State by such distributor, together with invoices, bills-of-lading, and other pertinent records and papers as may be required by the State Revenue Commissioner for the reasonable administration of this Chapter.

"(B) Every jobber, dealer, or other person receiving motor fuel in this State (for sale, distribution, use or consumption, and not specifically covered in this Chapter) shall maintain and keep for a period of three (3) years a record of motor fuel received, and the purchase price, together with delivery tickets, invoices, and bills-oflading, and such other records as the State Revenue Commissioner shall require."

Section 8. Code Section 92-1417 of the Georgia Code of 1933, as amended, relating to default of motor fuel tax payments and known as the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167), is hereby amended by striking paragraph (A) of said Code Section in its entirety and inserting a new paragraph (A), so that, as amended, paragraph (A) of Code Section 92-1417 shall read as follows:

"(A) When any distributor is in default in the payment of any taxes due under this Chapter, the State Revenue Commissioner shall assess the taxes due as provided by an Act approved January 3, 1938, dealing with the administration of taxing laws, and found in Georgia Laws 1937-38, Extra Session, at Page 77; provided, how ever, that any assessment for taxes due under this Act shall be made within the time limits provided as follows:

"(1) Where the distributor has filed a proper and timely report under this Act, any additional assessment shall be made by the State Revenue Commissioner within three (3) years from the last date upon which the reports could be timely filed by the distributor.

"(2) Where the distributor has filed a report under this Act which contains fraudulent statements or omissions of material facts, the effect of which makes the taxpayer's report a fraudulent repre sentation, the State Revenue Commissioner may-re-open the tax period and make any additional assessment of taxes due at any time within seven (7) years from the time the report could have been filed by the taxpayer under the law without delinquency.

"(3) Where the distributor has filed no return, the taxes may be assessed at any time.
"The State Revenue Commissioner shall proceed to collect any deficiencies and taxes due under this law by levy, garnishment, at tachment or suit or any other provisions provided by law for col lection of delinquent state tax."
Section 9. Code Section 92-1418 of the Georgia Code of 1933, as amended, relating to refund of taxes erroneously or illegally collected and known as the "Motor Fuel Tax Law," as amended, particularly by an Act approved March 18, 1937, (Ga. Laws 1937, p. 167), is hereby

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amended by striking from paragraph (B) of said Code Section the word "two" and inserting in lieu thereof the word "three," so that, as amended, paragraph (B) of Code Section 92-1418 shall read as follows:

"(B) No refunds shall be made under the provisions of this section unless a written claim therefor setting forth the circum stances by reasons of which such refund shall be allowed, which claim shall be in such form as the State Eevenue Commissioner shall prescribe, shall be sworn to by the claimant, and shall be filed with the State Revenue Commissioner within three years from the date of payment of the taxes illegally or erroneously collected."

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 remain of 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 un constitutional.

Section 11. The provisions of this Act shall become effective on the first day of June, 1971.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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, Tom Berry Black Blackshear Bohannon Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C.

Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

Connell Cook Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary

SATURDAY, MARCH 6, 1971

2347

Geisinger Granade Greer Griffin Gunter Ham Hamilton Harrington Harris Hawes Hays Hill, G. Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight 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 McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Nunn Odom Oxford Patterson Pearce Phillips, L. L. Pinkston Poole Potts Reaves

Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. S orrells Strickland Sweat Thomason Thompson Toles Tripp Turner Vaughn Wamble Westlake
Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Davis, E. T.

Savage

Stephens

Those not voting were Messrs.:

Alexander, W. H. Alien Battle Bennett, J. T. Bond Brown, B. D. Buck Chappell Dailey
Daugherty
Drury
Edwards
Floyd, J. H.
Gaynor
Gignilliat
Grahl

Grantham Hadaway Harrison Hill, B. L. Hood Horton Hudson, C. M. Jones, Herb Knowles
Larsen, W. W.
Longino
Maxwell
McCracken
Merritt
Mullinax
Murphy

Northcutt Patten Peters Phillips, G. S. Phillips, W. R. Pickard Rainey Ross Shepherd
Snow
Townsend
Triplett
Ware
Mr. Speaker

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JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 145, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 202. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act so as to provide for incen tive increases in compensation for certain members of the Department of Public Safety; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as 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 Bond 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 Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

Connell Cook Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Ployd Eraser Gaynor Geisinger Gignilliat Granade Grantham
Greer Griffin Gunter
Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. 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 Lane, W. J. 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 Miles Milford Moore Morgan Moyer Mulherin Nessmith Noble Northcutt

SATURDAY, MARCH 6, 1971

2349

Nunn Odom Patterson Pearce Phillips, L. L. Phillips, W. E. Pinkston Poole Potts Rainey Reaves Roach Ross
Rush
Russell, A. B.

Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens
Strickland
Sweat

Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson
Wood

Those not voting were Messrs.:

Bohannon Buck Cole Dailey Dean, Gib Dean, J. E. Drury Farrar Felton Floyd, J. H. Gary

Grahl Harris Hood Howard Logan Longino McCracken Merritt Miller Mullinax Murphy

Oxford Patten Peters Phillips, G. S. Pickard Shepherd Smith, V. T. Townsend Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 161, nays 0.

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

HB 915. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act so as to provide for new municipalities to be created within three miles of existing municipalities under certain conditions; and for other purposes.

The following Committee substitute was read and adopted:

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; to repeal conflicting laws; and for other purposes.", approved April 2, 1963 (Ga. Laws 1963, p. 251), as amended, by an Act approved April 18, 1967 (Ga. Laws 1967, p. 718), so as to provide for new municipalities to be created within three (3) miles of existing municipalities under certain conditions; to repeal conflicting laws; and for other purposes.

2350

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act entitled "An Act to provide certain minimum standards prerequisite to the original incorporation of a municipality; to repeal conflicting laws; and for other purposes.", approved April 2, 1963 (Ga. Laws 1963, p. 251), as amended, by an Act approved April 18, 1967 (Ga. Laws 1967, p. 718), is hereby amended by adding after the words "municipality in the State of Georgia" in Section 2 the following:

"; provided, however, that if the residents of a certain geo graphical area within three (3) miles of an existing municipality have been denied annexation to the municipality by the people of the municipality, the residents of the said geographical area shall be entitled to incorporate a new municipality at any time within twelve months after such denial, and a local Act granting a municipal charter may be enacted; provided, further, that the popu lation of the proposed area to be incorporated must exceed the population of the existing municipality, and a certificate from the governing authority of the existing municipality or from the judge of the superior court of the county evidencing the denial of annexa tion and the population figures, must accompany the certificate of incorporation required by an Act approved April 2, 1963 (Ga. Laws 1963, p. 251)."

so that when so amended Section 2 shall read as follows:
"Section 2. No local Act granting a municipal charter shall be enacted wherein any part of the proposed corporate boundary shall be less than three (3) miles distant from the corporate boundary of any existing municipality in the State of Georgia; provided, how ever, that if the residents of a certain geographical area within three (3) miles of an existing municipality have been denied an nexation to the municipality by the people of the municipality, the residents of the said geographical area shall be entitled to incorpo rate a new municipality at any time within twelve months after such denial, and a local Act granting a municipal charter may be enacted; provided, further, that the population of the proposed area to be incorporated must exceed the population of the existing mu nicipality, and a certificate from the governing authority of the ex isting municipality or from the judge of the superior court of the county evidencing the denial of annexation and the population fig ures, must accompany the certificate of incorporation required by an Act approved April 2, 1963 (Ga. Laws 1963, p. 251)."

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:

SATURDAY, MARCH 6, 1971

2351

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien 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 Busbee Carr Carter Chance 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
Drury
Edwards
Evans
Ezzard
Felton

Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell 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) Lee, W. S. Leggett Levitas Lewis Logan Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McDaniell
McDonald

Melton Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Phillips, L. L. Phillips, W. R. 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. Snow Sorrells Stephens Strickland Sweat Thompson Toles Triplett Tripp
Turner
Wamble
Westlake
Wheeler, J. A.
Whitmire
Williams
Wood

2352

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Floyd, L. R.

Jordan

Those not voting were Messrs.:

Adams, Marvin Atherton Burruss Chandler Dailey Dean, J. E.
Egan Farrar Grahl Gunter
Hadaway Hood

Housley Hudson, C. M. King Longino McCracken Merritt
Mullinax Murphy Oxford Peters
Phillips, G. S. Pickard

Russell, W. B. Shepherd Smith, V. T. Thomason Townsend Vaughn
Ware Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 2.

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

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 certain members thereof; and for other purposes.

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

On the passage of the Bill, 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. Barfield Battle Bell
Bennett, J. T. Berry Black Blackshear Bowen
Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss

Busbee Carr Carter Chance Chandler Cheeks Clements Cole
Collier Collins, M. Collins, S. Colwell 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 Gary
Gaynor Geisinger Grahl Granade Grantham

SATURDAY, MARCH 6, 1971

2353

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 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 MrDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nes smith Noble Nunn Odom Patterson Patten Pearce Phillips, L. L. Pinkston Poole

Potts Rainey Reaves Roach Ross Rush 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 Thomason Thompson Toles Townsend Triplett Tripp Turner Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Atherton

Chappell

Phillips, W. R.

Those not voting were Messrs.:

Alien Bennett, Tom Bohannon Bond Brantley, H. H. Brown, S. P. Buck Coney, G. D. Dailey Dean, Gib Dean, J. E.

Drury Evans Farrar Gignilliat Hood Longino McCracken Merritt Murphy Northcutt Oxford

Peters Phillips, G. S. Pickard Russell, A. B. Scarborough Snow Vaughn Wamble 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.

2354

JOURNAL OF THE HOUSE,

HB 1000. By Mr. Conger of the 68th:
A Bill to be entitled an Act to authorize the Governor to transfer cer tain property adjacent to Colonels Island to the Georgia Ports 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, 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 Bond Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty
Davis, E. T.
Dean, Gib

Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Ezzard Felton Floyd, J. H. Floyd, L. R. Gaynor Gei singer Gignilliat Granade Grantham 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 Jones, Herb Johnson Jones, J. R. Jordan Keyton
Knight
Knowles

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller
Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom
Patterson Patten Pearce Pinkston Poole Potts Reaves Roach
Ross
Rush

SATURDAY, MARCH 6, 1971

2355

Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R.

Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Townsend Triplett

Tripp Turner Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Conger Davis, W. King

Larsen, G. K. Northcutt Phillips, W. R.

Westlake

Those not voting were Messrs.:

Bohannon Bray Buck
Chance
Dailey
Drury
Evans
Farrar Fraser Gary Grahl

Greer Hawes Hood
Howell
Lee, W. J. (Bill)
Longino
McCracken
Merritt Murphy Oxford Peters

Phillips, G. S. Phillips, L. L. Pickard
Rainey
Savage
Shepherd
Thompson
Vaughn Ware Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 7.

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

Mr. Conger of the 68th stated that he inadvertently voted "nay". He intended to vote "aye".

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; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend Code Chapter 30-1, relating to di vorce, as amended, so as to provide that on the written application of any party to a divorce proceeding, the court may issue an order pro hibiting removal from this State of the children whose custody is in volved and requiring the child to be produced at court; to repeal con flicting laws; and for other purposes.

2356

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Code Chapter 30-1, relating to divorce, as amended, is hereby amended by inserting after Code Section 30-127, and immediately
before Code Section 30-128, a new Code Section to be numbered 30-127.1 and to read as follows:

"30-127.1. On the written application of any party to a divorce proceeding, the court may issue an order restraining either party to the divorce proceeding and any other person from removing out side this State the children whose custody is involved and requiring the appropriate person having custody of the child pending the di vorce application to produce the child in court or deliver the child to the person designated by the court."

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

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

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

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

HR 244-772. By Messrs. Jessup and Tripp of the 49th:
A Resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Pulaski County; and for other purposes.

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

On the adopttion of the Resolution, the ayes were 117, nays 7.

The Resolution, having received the requisite constitutional majority, was adopted.

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 111, nays 0.
The Resolution, having received the requisite constitutional majority, was adpoted.

SATURDAY, MARCH 6, 1971

2357

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.

The report 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.

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.
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 124, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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 taxe& and known as the "Motor Fuel Tax Law", so as to change the procedure for making certain refunds; and for other purposes.
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:

2358

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. Bennett, Tom Berry Black Blackshear Bohannon Bond Brntley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Can-
Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, Gib Dean J. E. Dean, N. Dent Dorminy
Edwards
Egan
Evans
Felton
Floyd, J. H.
Floyd, L. R.
Fraser

Gary Geisinger Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, Ted Hutchinson Isenberg Jessup 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 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. Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

SATURDAY, MARCH 6, 1971

2359

Those not voting were Messrs.:

Battle Bo wen Brantley, H. L. Buck Chandler Dailey Davis, E. T. Dixon Drury Ezzard Parrar Gaynor Gignilliat

Grahl Granade Greer Hood Housley Hudson, C. M. Johnson Keyton Longino McCracken Noble Peters Phillips, G. S.

Phillips, W. R. Pickard Rainey Russell, H. P. Savage Snow Thomason Town send Triplett Ware Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 0.

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

HB 1019. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, so as to change the method of making refunds; and for other purposes.

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

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

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

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.

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 Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear

Bohannon Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

2360

JOURNAL OF THE HOUSE,

Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance 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 Dorminy Drury Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham 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. 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 Phillips, G. S. Phillips, L. L. Phillips, W. R. 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. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Battle Buck Chandler Dailey Dean, J. E.

Dixon Ezzard Farrar Gignilliat Grahl

Greer Hill, B. L. Hood Jones, Herb Longino

SATURDAY, MARCH 6, 1971

2361

McCracken Peters Pickard Pinkston Rainey

Rush Scarborough Snow Townsend Triplett

Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 166, nays 0.

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

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.

The following Committee amendment was read and withdrawn by unanimous consent:

The Committee on Natural Resources moves to amend HB 491 as follows:

By adding the word "or" after the word "investigations" on lines 6 and 20 and by striking the words "or from other sources" on lines 6 and 7 and 20.

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 "Georgia Water Quality Control Act", approved March 11, 1964 (Ga. Laws 1964, p. 416), as amended, so as to delete the provision providing that certain informa tion obtained by the Georgia Water Quality Control Board shall not be admissible in evidence in private actions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act known as the "Georgia Water Quality Control Act", approved March 11, 1964 (Ga. Laws 1964, p. 416), as amended, is hereby amended by striking Section 18, which reads as follows:

"Section 18. Information Obtained by Board Not Admissible in Evidence and Private Actions. Information directly affecting any person obtained by duly authorized agents of the Board from studies, surveys, investigations, reports or from other sources as provided in this Act shall not be admissible in evidence in any ac-

2362

JOURNAL OF THE HOUSE,

tions at law or equity involving private rights or riparian owners other than the State."

in its entirety.

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

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bell Berry Black Bohannon Bond 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, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, N. Dent Dorminy Edwards Felton Floyd, J. R. Floyd, L. R. Fraser
Gaynor Geisinger Granade Grantham Greer 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, 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
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 Patterson Patten Phillips, G. S. Phillips, L. L. Phillips, W. R.

SATURDAY, MARCH 6, 1971

2363

Pinkston Poole Potts 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. Sorrells Stephens Strickland Sweat Thompson Toles

Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Battle Bennett, J. T. Bennett, Tom Blackshear Bowen Brown, S. P. Buck Dailey
Dean, J. E. Dixon
Drury Egan

Evans Ezzard Farrar Gary Gignilliat Grahl Hood Howell Jones, Herb
Lee, W. J. (Bill) Longino
McCracken Odom

Oxford Pearce Peters Pickard Rainey Reaves Rush Snow Thomason
Townsend Triplett
Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 0.

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

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.

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend HB 553 as follows:

By adding after the word "jurisdiction" on line 11 of Subsec tion 11 the words "or certified to be mentally ill by two physicians who have personally examined the party,".

By adding after the word "institution" on line 11 of Subsection 11 the words "and/or under continuous treatment".

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

2364

JOURNAL OF THE HOUSE,

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

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. 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, J. E.
Dean, N.
Dent
Dorminy
Edwards
Evans
Ezzard
Felton
Floyd, J. H.
Geisinger

Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley 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
Lowrey
Marcus
Mason
Matthews, D. R.
Mauldin
Maxwell
McDaniell
McDonald

Melton Miles Milford Moore Morgan Moyer Mullinax Nessmith Noble Northcutt Nunn Oxford Patten Pearce Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Scarborough
Shanahan
Shepherd
Sherman
Sims
Smith, H. R.
Smith, J. R.
Sorrells
Stephens
Strickland
Sweat
Thompson
Toles
Tripp
Vaughn
Wamble
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

SATURDAY, MARCH 6, 1971

2365

Those voting in the negative were Messrs.:

Adams, Marvin Bohannon Colwell Floyd, L. R.

Fraser Harris Murphy Patterson

Savage Turner

Those not voting were Messrs.:

Alien Battle
Blackshear Buck Burruss Collier Dailey Dixon Drury Egan Farrar Gary
Gaynor

Gignilliat Grahl
Hood Howard Jones, Herb Longino Matthews, C. McCracken Merritt Miller Mulherin Odom
Peters

Phillips, G. S. Pickard
Pinkston Rainey Russell, W. B. Smith, V. T. Snow Thomason Townsend Triplett Ware 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 448. By Messrs. Collins of the 62nd, Russell of the 70th, Reaves of the 71st Dorminy of the 48th 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.

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend the "Uniform Act Regulating Traf fic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that certain motor vehicles shall not be subject to the provisions relating to inspections; to provide for inspections of certain motor vehicles and the issuance of certificates of inspection; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by inserting following Section 126G a new Section, to be known as Section 126H, to read as follows:

2366

JOURNAL OF THE HOUSE,

"Section 126H. Trucks and nonpassenger-carrying motor ve
hicles, as defined in Code Section 68-101, used solely for the pur pose of transporting farm commodities to or from markets during a period not exceeding 90 days, may be operated on the highways of this State, except on interstate highways, within a 30-mile radius of the location at which they are regularly employed, as specified in the certificate hereinafter provided for, without the
necessity of an inspection or an inspection certificate required by Section 126, provided that an agricultural transportation use cer tificate has been issued for such vehicle and is carried or located within said vehicle. County agricultural agents are hereby au thorized to issue agricultural transportation use certificates for any truck or nonpassenger-carrying motor vehicle, as defined in Code Section 68-101, which meets the requirements of this Section. Such certificates shall be issued by the county agricultural agents upon forms furnished by the Director of the Department of Public Safety. The fee for such certificate shall be $1.00 per year. Said fees shall be paid into the State Treasury, and shall become part of the general fund of the State. Such certificates shall contain the location at which such trucks or nonpassenger-carrying motor ve hicles are regularly employed. Such certificates shall be issued only upon the filing of an application therefor. Such application shall contain a statement to the effect that such trucks or nonpassengercarrying motor vehicles must meet the requirements relating to turn signals specified in Section 126 (a) (3) and the requirements relat ing to brakes specified in Section 126 (a) (1). In addition, the application shall contain a statement that all trucks or nonpassengercarrying motor vehicles, if operated at night, must meet the re quirements of Section 126 (a) (2) relating to lights. The appli cation shall thereafter contain the signature of the applicant and his oath that the motor vehicle for which a certificate is sought meets the requirements specified as to turn signals, brakes and lights. Any person operating a truck or nonpassenger-carrying motor vehicle for which an agricultural transportation use certificate has not been issued or which certificate is not located within said ve hicle and for which a motor vehicle safety inspection sticker, as provided for in Section 126, has not been issued, shall be guilty of operating a vehicle for which a required certificate has not been ob tained and shall be punished by the provisions of this Act."

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

SATURDAY, MARCH 6, 1971

2367

Berry Black Blackshear Bohannon Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. 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, J. E. Bean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Floyd, J. H.
Floyd, L. R.
Fraser
Gaynor
Gignilliat
Granade
Grantham
Greer
Griffin

Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton 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 Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore

Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Patten Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Reaves Roach Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Vaughn
Wamble
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Gary Housley

Lee, W. S.

McDaniell

2368

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bond Brown, B. D. Buck Collins, S. Colwell Dailey Farrar Felton Geisinger Grahl

Hood Howard Longino Maxwell McCracken Odom Pearce Peters Phillips, W. R.

Pickard Rainey Russell, A. B. Russell, W. B. Sherman Thompson Townsend Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 4.

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

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.

The following amendment was read:

Mr. Logan of the 16th moves to amend HR 276-893 by striking the f"i5g0u"r.es "25" in line 29 on page 2 and inserting in lieu thereof the figures

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, John Bray Carr Cole Dean, N. Dent Dixon Dorminy Fraser Gary Ham Harrison Hays Hudson, C. M. Hutchinson

Johnson Lambert Logan Lowrey Matthews, G. Mauldin Maxwell McDonald Milford Moore Morgan Murphy Nessmith Northcutt Oxford

Pearce Roach Ross Rush Russell, A. B. Smith, V. T. Snow Stephens Toles Tripp Whitmire Williams Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M.

Atherton Barfield Bell Bennett, J. T.

Bennett, Tom Berry Black Blackshear

SATURDAY, MARCH 6, 1971

2369

Brantley, H. H. Brown, C. Brown, S. P. Burruss Busbee Carter Chance Clements Collier Collins, S. Coney, G. D. Coney, J. L. Conger Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Edwards Evans Ezzard Parrar Ployd, L. R. Geisinger Granade Grantham Griffin Gunter

Hamilton Harrington Hawes Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, Ted Isenberg Jessup Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Marcus Mason McDaniell

Melton Miller Moyer Mullinax Nunn Patterson Patten Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Sweat Thompson Westlake Wilson

Those not voting were Messrs. :

Alien Battle Bohannon Bond Bowen Brantley, H. L. Brown, B. D. Buck Chandler Chappell
Cheeks
Collins, M.
Colwell
Connell
Dailey
Dean, J. E.
Drury
Egan
Felton

Floyd, J. H. Gaynor Gignilliat Grahl Greer Hadaway Harris Howell Jones, Herb Lane, W. J.
Larsen, W. W.
Levitas
Longino
Matthews, D. R.
McCracken
Merritt
Miles
Mulherin
Noble

Odom Peters Phillips, L. L. Pickard Rainey Reaves Russell, H. P. Sorrells Strickland Thomason
Townsend
Triplett
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Mr. Speaker

On the adoption of the amendment, the ayes were 43, nays 94.

The amendment was lost.

2370

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 Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Brantley, H. H. Brantley, H. L. 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 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 Granade Grantham Greer Griffin Gunter Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood 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 Lewis Logan

Lowrey Marcus Mason Mauldin McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson
Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Boss Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens

Strickland Sweat
Thomason Thompson Toles

SATURDAY, MARCH 6, 1971

2371

Tripp Turner
Westlake Wheeler, Bobby Whitmire

Williams Wilson
Wood

Those voting in the negative were Messrs.:

Ham

Matthews, C.

Maxwell

Those not voting were Messrs.:

Alien Bohannon Bond Bowen Bray Brown, B. D. Buck Colwell Dailey Daugherty Drury
Floyd, J. H.

Gaynor Grahl Hadaway Howell Jones, Herb Longino Matthews, D. R. McCracken Merritt Odom Peters

Pickard Rainey Russell, A. B. Sorrells Townsend Triplett Vaughn Wamble Ware Wheeler, J. A. Mr. Speaker
:f

On the adoption of the Resolution, the ayes were 157, nays 3.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 677. By Messrs. Adams of the 100th, Savage of the 104th, Lane of the 101st, Williams of the llth and Mason and Dean of the 13th: A Bill to be entitled an Act to provide that the Director of the Depart 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.
The report 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 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, relating1 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.

2372

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 119, nays 1.

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

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.
The report of the Committee, 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 354-1043. By Messrs. Miller of the 83rd, Pinkston, Brown, Evans, Bennett and Scarborough of the 81st and Coney of the 82nd:
A Resolution authorizing the Georgia Forestry Commission to execute a long-term lease with the Southern Forest Experiment Station, Forest Service, United States Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
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.
The following Committee amendment was read and adopted:
The Committee on State Institutions and Property moves to amend HR 353-1043 as follows:
By inserting in the title in line 3 on page 1 between the word "Com mission" and the word "to", the following words:
"to negotiate".

SATURDAY, MARCH 6, 1971

2373

By striking subsection (a) of Section 2 in its entirety where the same appears in lines 6 through 12 on page 4 and substituting in lieuthereof a new subsection (a), to read as follows:

"(a) Negotiate to sell all of the right, title and interest the State of Georgia has in the said Parcels 1 and 2 without regard to the provisions of Code Section 91-104A.2., of the State Properties Control Code, as amended, as though the said Parcels 1 and 2 were not included within the definition of property as defined in Section 91-102A(d) of the said Code; provided, however, any such sale shall be approved by the General Assembly in the same manner prescribed in Code Section 91-109A(d) and (e) relative to the ap proval by the General Assembly of leases executed by the State Properties Control Commission; or".

By striking Section 3 in its entirety where it appears in lines 17 through 23 on page 4 and substituting in lieu thereof a new Section 3, to read as follows:

"Section 3. In the event the Commission determines to lease said Parcels 1 and 2, the Commission shall cause to be prepared an appropriate lease of the said Parcels 1 and 2 and the Chairman and Secretary of the Commission shall, respectively, execute, attest and deliver the same upon receipt of proper payment therefor."

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 109, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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; and for other purposes.

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

On the adoption of the Resolution, the ayes were 110, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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 in Hamilton County, Tennessee; and for other purposes.

2374

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 129, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 331-1003. By Mr. Chandler of the 34th:
A Resolution to amend another Resolution transferring the control and jurisdiction 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 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 123, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 988. 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.
The following amendment was read and adopted:
Mr. Chandler of the 34th moves to amend HB 988 as follows:
By striking from line 11 on page 3 the word and figure "fifteen (15)" and by inserting in lieu thereof the words and figures "twenty-five (25)".
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 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
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-Tennessee Boun dary Line Commission; and for other purposes.

SATURDAY, MARCH 6, 1971

2375

WHEREAS, the true boundary lines between the State of Georgia and the States of North Carolina and Tennessee are in doubt; and
WHEREAS, over a long period of years, from time to time, the General Assemblies of these States have undertaken to authorize the appointment of committees to meet and to establish the true boundary lines; and
WHEREAS, by an Act of the General Assembly of North Carolina, approved in 1881 (N.C. Gen. Stat. 141-1 to 6 (1964)), the General As sembly of North Carolina authorized the Governor of North Carolina to appoint commissioners and a surveyor from North Carolina to act with the commissioners and surveyors appointed or to be appointed by any of the States contiguous to North Carolina to resurvey and mark the boundary lines between these States; and
WHEREAS, no official record of any such commissioners and sur veyors as provided for in said Act exists; and
WHEREAS, by an Act of the General Assembly of Georgia, ap proved October 15, 1887 (Ga. Laws 1886-87, p. 105), the General As sembly of Georgia directed the Governor to communicate with the Gov ernor of Tennessee for the purpose of having a joint survey and settle ment of the disputed boundary question and authorized the appointment of a committee to meet with an assembly committee representing the State of Tennessee, whose duty it would be to survey, establish and pro claim the true boundary line; and
WHEREAS, by an Act approved April 8, 1889, the General Assem bly of the State of Tennessee enacted a similar authorization; and
WHEREAS, no boundary line was established between the States of Georgia and Tennessee pursuant to the authorizations of their respective General Assemblies; and
WHEREAS, by a resolution approved March 6, 1941 (Ga. Laws 1941, p. 1850), the General Assembly directed the Governor of Georgia to communicate with the Governor of Tennessee for the purpose of hav ing a joint survey and settlement of the disputed question and further resolved that a standing committee of the House of Representatives be created to meet with a similar committee of the State of Tennessee to establish, survey and proclaim the true boundary line between Georgia and Tennessee; and
WHEREAS, by a resolution approved March 27, 1947 (Ga. Laws 1947, p. 1728), the General Assembly appointed a commission to negoti ate with the proper authorities of the State of Tennessee and to agree upon and to fix a definite boundary line, and, in the failure of the com mission to reach a settlement, the General Assembly authorized and di rected the Attorney General of the State of Georgia to institute suit in the federal courts for purposes of determining the boundary line be tween Georgia and Tennessee; and

2376

JOURNAL OF THE HOUSE,

WHEREAS, notwithstanding these authorizations and directions, the boundary lines were never fixed and still remain in doubt; and

WHEREAS, Code Section 15-103 establishes the boundary lines be tween the State of Georgia and the States of North Carolina and Tennessee as follows:

"The boundaries between Georgia and North Carolina and Georgia and Tennessee shall be the line described as the 35th paral lel of north latitude, from the point of its intersection by the River of Chattooga, west to the place called Nickajack."; and
WHEREAS, Article I, Section XXXIV of the Constitution of North Carolina of 1868 provides for State boundaries as follows:
"The limits and boundaries of the State shall be and remain as they are now."; and
WHEREAS, Section 4-205 of the Tennessee Code of 1955 establishes the boundary between Tennessee and Georgia as follows:

"The boundary line between this State and the State of Georgia begins at a point in the true parallel in the 35th degree of north latitude, as found by James Carmack, mathematician on the part of the State of Georgia, and James S. Gaines, mathematician on the part of the State of Tennessee, on a rock about two (2) feet high, four (4) inches thick and fifteen (15) inches broad, engraved on the north side thus: 'June 1st, 1818, Var. 6% East,' and on the South side thus: 'Geo. 35 North, J. Carmack,' which rock stands one (1) mile and twenty-eight (28) poles from the south bank of the Ten nessee River, due south from near the center of the old Indian town of Nick-a-Jack, and near the top of the Nick-a-Jack Mountain at the supposed corner of the States of Georgia and Alabama; thence running due east leaving old D. Ross two (2) miles and eighteen (18) yards in the State of Tennessee, and leaving the house of John Ross about two hundred (200) yards in the State of Georgia, and the house of David McNair one (1) mile and one-fourth (%,) of a mile in the State of Tennessee, with blazed and mile-marked trees, lessen ing the variation of the compass by degrees, closing it at the termi nation of the line on the top of the Unicoi Mountain at five and one-half (5%) degrees."; and

WHEREAS, it is to the public interest and welfare that accurate and exact lines between the said States be established and proclaimed.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor of Georgia is hereby di rected to communicate with the Governors of North Carolina and Tennessee for the purpose of having joint surveys and settlements of the disputed boundary questions.

BE IT FURTHER RESOLVED that there is hereby created the Georgia-North Carolina and Georgia-Tennessee Boundary Line Commis sion to meet with similar commissions of the General Assemblies of the

SATURDAY, MARCH 6, 1971

2377

States of North Carolina and Tennessee to establish, survey, and prccclaim the true boundary lines between Georgia and North Carolina and between Georgia and Tennessee, and to take such further or other ac tion or pursue such remedy or remedies as the joint Commission of the Georgia General Assembly, by a majority vote, deems proper to establish the definite and true boundary lines between Georgia and North Caro lina and Georgia and Tennessee. The Commission shall be composed of three members of the House of Representatives, to be appointed by the Speaker of the House, and three members of the Senate, to be ap pointed by the President of the Senate. The Speaker of the House and the President of the Senate shall designate one of their respective ap pointees as co-chairman, and the co-chairmen shall jointly call the or ganizational meeting of the Commission.

BE IT FURTHER RESOLVED that, in order to effectively carry out its duties and responsibilities, said Commission may employ con sultants and contract with persons, firms, or corporations to provide research and other assistance as the Commission deems proper and neces sary. Provided, however, the amount of any funds proposed to be spent for such services shall first be approved, in writing, by the Speaker of the House and the President of the Senate.

BE IT FURTHER RESOLVED that each member of said Commis sion shall receive the expenses and allowances provided by law for legislative members of interim legislative committees, for each meeting of the Commission or subcommissions thereof, attended by each such member, but shall receive the same for not more than 15 days, unless additional days are authorized by the Speaker of the House and the President of the Senate. All funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.
BE IT FURTHER RESOLVED that the Commission shall issue a report of its findings, work and meetings with similar commissions from North Carolina and Tennessee, and shall report the resolution of any boundary line questions or recommendations to the 1972 regular session of the General Assembly of Georgia. Said Commission shall stand abolished as of the day on which the General Assembly convenes in regular session in 1972.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 121, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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.

2378

JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend House Bill No. 192 as follows:
Section 1, subsection (a), line 20--by deleting "$75.00" and insert ing in lieu thereof the figure "$50.00"
Subsection (b), line 22--by deleting "$125.00" and inserting in lieu thereof the figure "$90.00".
Subsection (c), line 24--by deleting "$150.00" and inserting in lieu thereof the figure "$115.00".
Subsection (d), line 26--by deleting "$200.00" and inserting in lieu thereof the figure "$150.00".
Subsection (e), line 1, page 2--by deleting "$300.00" and inserting in lieu thereof the figure "$200.00".

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

On the passage of the Bill, as amended, the 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 Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. 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. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor

Geisinger Gignilliat Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jesuup Johnson Keyton King

SATURDAY, MARCH 6, 1971

2379

Knight Knowles Kreeger Lambert Lane, W. J. 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 Melton Miles

Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Patten Pearce Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush

Russell, W. B. Salem Scarborough Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Toles Triplett Tripp Turner Wamble Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, G. D. Hill, G. Jones, Herb Jones, J. R.

Jordan Lane, Dick Larsen, G. K. Noble

Savage Stephens Westlake

Those not voting- were Messrs.:

Adams, Marvin Alien Atherton Blackshear Bohannon Bond Brantley, H. H. Buck Burruss Collier Dailey Davis, W. Dean, J. E. Edwards Egan

Grahl Greer Gunter Hill, B. L. Hood Longino McCracken McDonald Merritt Moore Oxford Peters Phillips, G. S. Phillips, L, L. Pickard

Rainey Russell, A. B. Russell, H. P. Shanahan
Shepherd Snow Strickland Thompson Townsend Vaughn
Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 140, nays 11.

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

HB 436. By Mr. Gunter of the 6th: A Bill to be entitled an Act to amend Chapter 26-18, Theft, of the

2380

JOURNAL OF THE HOUSE,

Criminal Code of Georgia, so as to prohibit and penalize persons bring ing stolen property into this State; and for other purposes.

The following Committee amendment was read and adopted:

The Judiciary Committee moves to amend House Bill No. 436 as follows:

By adding in 26-1815 the words "which he knows or should know" after the words "any property" and by striking the word "that" which appears between the words "property" and "has".

Also by striking the last sentence of the paragraph of 26-1816 beginning with the word "Receiving".

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 122, nays 0.

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

HB 1016. By Mr. Horton of the 95th:
A Bill to be entitled an Act to validate and declare legal the creation and establishment of housing authorities; and for other purposes.

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

Those voting in the affirmative were Messrs.:

Adams, John Alexander, W. H. Alien Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Carr

Carter Chance Chandler 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, L. R. Gary Gaynor Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L.

SATURDAY, MARCH 6, 1971

2381

Hill, G. Horton Howell Hudson, C. M. Hutchinson, Isenberg Jessup Johnson Jones, J. R. Keyton King Knowles Lambert Larsen, G. K. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Maiildin Maxwell

McCracken McDonald Miles Milford Miller Morgan Moyer Mulherin Nessmith Northcutt Nunn Patterson Patten Pearce Phillips, L. L. Pinkston Poole 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. Sorrells Sweat Thomason Thompson Toles Townsend
Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Atherton Collins, S. Conger Floyd, J. H. Geisinger Granade Griffin

Gunter Harris Hudson, Ted Jones, Herb Knight Lane, Dick Lane, W. J.

Lee, W. S. Moore Noble Savage Stephens

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. M. Blackshear Bond Brown, C. Burruss Busbee Chappell
Colwell
Dailey
Dean, J. E.
Fraser
Gignilliat
Grahl

Grantham Greer Hood Housley Howard Jordan Kreeger Larsen, W. W. Longino
Mason
McDaniell
Melton
Merritt
Mullinax
Murphy

Odom Oxford Peters Phillips, G. S. Phillips, W. R. Pickard Potts Shepherd Smith, J. R.
Snow
Strickland
Ware
Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 19.

2382

JOURNAL OF THE HOUSE,

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

Mr. Gunter of the 6th stated that he inadvertently voted "nay". He intended to vote "aye".
Mr. Odom of the 61st requested that he be recorded as voting "nay".

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; and for other purposes.
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 Bond 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. Coney, G. D. Coney, J. L.

Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Edwards
Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Granade Greer Griffin Gunter Hadaway Ham
Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. 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 Le vitas Lewis Logan Lowrey
Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Miles

SATURDAY, MARCH 6, 1971

2383

Milford Miller Moore Morgan Moyer Mulherin Murphy Nessmith Northcutt Nunn Odom Patten Pearce Phillips, L. L. Pinkston

Poole Reaves Roach Ross Rush Russell, W. B. Salem
Shanahan Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens

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

Those voting in the negative were Messrs.:

Dixon

Grantham

Sweat

Those not voting were Messrs.:

Blackshear Bohannon Bowen Brown, S. P. Buck Collins, S. Colwell Dailey Dean, J. E. Dorminy Drury Egan Evans Ezzard Gaynor

Gignilliat Grahl Hill, G. Hood Knight Longino McCracken McDonald Merritt
Mullinax Noble Oxford Patterson Peters Phillips, G. S.

Phillips, W. E. Pickard Potts Rainey Russell, A. B. Russell, H. P.
Savage Scarborough Shepherd Sims Strickland Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 3.

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

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 be ginning 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; to repeal conflicting laws; and for other purposes.

2384

JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated from the General Funds of the State as additional appropriations for the fiscal 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. 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 speci fied in this Act. Provided that the sum of the object classes as shown in the Governor's recommendations in the Budget Report except as other wise 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.
Section 1. State Board of Education--Department of Education.
Operations
F.Y. 1972 __..___________-____.___.___.__,,_-_-__$ 32,650,754
F.Y. 1973 _____--_____.__-_._..__._$ 37,005,093
Construction:
Grants to Systems through the Georgia Education Authority (Schools)
F.Y. 1972 ____._.......__.__._______________._____.$ 4,000,000
F.Y. 1973 _______________________________.$ 2,800,000
Provided that the above amounts provided for Construc tion--Grants to Systems through the Georgia Education Au thority (Schools) are designated and committed for additional lease rentals to said Authority to permit the issuance of new bonds to finance new projects.
Section 2. State Board of Regents.
Operations
F.Y. 1972 ____________________________________________________.$ 5,916,500
F.Y. 1973 ___________________..____________$ 13,025,740
Construction:
Authority Lease Rentals
F.Y. 1972 _________________________________________._____.$ 3,000,000
F.Y. 1973 _________________________$ 3,000,000

SATURDAY, MARCH 6, 1971

2385

Provided that the above amounts provided for Construc tion--Authority Lease Rentals are designated and committed to pay rentals to the Georgia Education Authority (Uni versity) to permit the issuance of new bonds to finance new projects.

Section 3. Department of Public Health.

Grants to Counties F.Y. 1972 ________________________________________________________$ 3,407,000 F.Y. 1973 ________________________________________________._____$ 3,407,000

Section 4. Highway Department.

Construction:

Capital Outlay

F.Y. 1972 _________________________________._._.____$ 50,000,000 F.Y. 1973 ______.._______________________$ 42,735,000

Authority Lease Rentals

F.Y. 1972 ____________________________.________ --0-- F.Y. 1973 _______.________________________...$ 7,265,000

Section 5. Department of Family and Children Services.

Operations

F.Y. 1972 __..____________________________$ 14,355,64* F.Y. 1973 __________________________...___ --0--

Section 6. Groveland Lake Development Commission.

Operations

F.Y. 1972 ______________.____________.____-$ 42,000F.Y. 1973 __________________...______ --0--

Construction:

Capital Outlay

F.Y. 1972 _________________________$ 58,000 F.Y. 1973 _________________________ --0--

2386

JOURNAL OF THE HOUSE,

Section 7. Comptroller General.

Operations F.Y. 1972 ________..._...__._____,,__________$ F.Y. 1973 _..________.__.._____.__...__.___.$

28,392 33,200

Section 8. Grants to Municipalities.

Grants to Municipalities

F.Y. 1972 _____________________________.__$ 14,355,600 F.Y. 1973 ________________________.,,____________$ 8,000,000

Section 9. In accordance with the requirements of Ar ticle VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in ex istence 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 pro vision as amended, or appropriated for the fiscal year be ginning 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 payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy each deficiency in full and the lease payment constitutes a first charge on all such appropria tions.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obliga tions 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 10. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 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 whatsoever shall be transferred for use in initiating

SATURDAY, MARCH 6, 1971

2387

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 between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcom mittees 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 Sen ate 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 Di rector 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 allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for trans fers.

Section 11. 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 allot ments for the fiscal year, the amounts so in excess as de termined by the Budget Bureau shall cease to be an obliga tion 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 State General Funds under the terms of the Federal Grant.

Section 12. For purposes of appropriation control, the appropriations provided for herein shall be combined by bud get unit, object, program and activity with appropriations enacted pursuant to Section A of the Governor's Budget Report.

TOTAL ADDITIONAL APPROPRIATIONS
F.Y. 1972 ___________________________.^________________ F.Y. 1973 .._._.._._...._.___..____________________-_-_..___________$117,271,033

Section 13. This Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.

2388

JOURNAL OF THE HOUSE,

Section 14. 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. Ployd of the 7th as Chairman thereof, for the purpose of considering HB 93.

The Committee of the Whole arose and through its Chairman reported HB 93 back to the House with the recommendation that the same Do Pass, by substitute, offered by the Committee on Appropriations.

The following substitute, offered by the Committee on Appropriations, was read and adopted:

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 be ginning 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; to re peal 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 from the General Funds of the State as additional appropriations for the fiscal year beginning July I, 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. 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 appro priated by this Act as specified in the recommendations, except as otherwise specified in this Act. Provided 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 appropria tion as referred to in Code Sections 40-402, 40-412 and 40-413.

Section 1. Department of Education. Operations
F.Y. 1972 ________________._.__..___._...$ 7,839,168.00 Object Classes:
Teachers Salaries (Section 11) ___.____.____._.__.$2,076,084.00

SATURDAY, MARCH 6, 1971

238&

Teachers Salaries (Section 12) ____....,___.._.._._____$ 354,314.00

Teachers Salaries

(Section 20) __.____.__.._______._._____._$ 134,205.00

Maintenance, Operations and Sick Leave

(Section 13) _.._________._______._____.______$ 397,196.00
Travel _._____-_____._--_______.,,___.$ 9,486.00 Transportation _-.......,,_.._.......__.._......$ 159,790.00 Free Textbooks _._.____....._._._.._$ 47,691.00 School Library Books and
non-consumable materials ......_._..$ 12,224.00 Isolated Schools .-..._._._--..._.__.______.$ 440.00 Mid-term Adjustment __.__._--__--_.$ 14,241.00 Teachers Retirement -__.......__--._...$ 186,998.00
Educational Research (Section 52) ___.__...___.__._.._._.....$3,500,000.00

Grants to Area Vocational Technical Schools .._.._-......--_.____$2,417,560.00
Grants: High School Program ._.__......$ 250,000.00
Grants to Fernbank Science Center .........._.__....__________$ 100,000.00
Capital Outlay .....__----..._----_..._.-$ 25,688.00
Textbooks and Materials-- Summer School Library Supervisory Program ._..-_...-._..._....$ 50,811.00

Provided that of the above appropriation, $25,688.00 is designated and committed solely for the purpose of pro viding capital outlay funds for the LaGrange Area Shel tered Workshop.
Provided that of the above appropriation, $100,000.00 is designated for acquisition of industrial arts equip ment for the High School Program.

2390

JOURNAL OF THE HOUSE,

Section 2. State Board of Regents.

Operations F.Y. 1972 ___________________.________________

._$ 741,000.00

Section 3. Department of Public Health.

A. Mental Health F.Y. 1972 _______

..$ 499,000.00

Object Classes:
Personal Services -______._______.___$ 424,000.00
Operating Expenses _____________,,-______.$ 75,000.00
Provided that of the above appropriation $249,000.00 is designated and committed for the purpose of providing 58 additional positions for Gracewood State School and Hospital, as contained in the Governor's recommendation in the Biennial Budget Report.
Provided that $150,000.00 of the above appropriation is designated and committed for the expansion of the alcohol and drug treatment program at Central State Hospital, including initiation and operation of a ward for female patients.
Provided of the above appropriation, $100,000.00 is designated and committed for the expansion of the alcohol treatment program at the Georgia Mental Health Institute, including treatment of alcoholic females.
B. Medical Assistance Program
F.Y. 1972 ___________________________________________$ 3,000,000.00

Object Class: Benefits -

..$9,891,197.00

Section 4. Department of Family and Children Services.
F.Y. 1972 _________________________________._______.$ 300,000.00

Object Class:
Grants to counties for administration and services

_$ 700,000.00

Provided that of the above appropriation $300,000.00 shall be committed for the purpose of reimbursement to Fulton County for the employer share of retirement and social security benefits.

SATURDAY, MARCH 6, 1971

2391

Section 5. Department of Public Safety. F.Y. 1972 _____.___.__._______._._.._...__.._..$

30,000.00

Object Class: Operating expenses ...__......_._._$ 30,000.00

Provided that the above appropriated amount is desig nated and committed solely for the purpose of equipping the Georgia State Patrol station at Statesboro, Georgia.

Section 6. State Board of Probation. F.Y. 1972 ........._..___..._._______________.___ _..$

3,500.00

Object Class: Personal services _____________.___._____.__..$

3,500.00

Section 7. Game and Fish Commission.

A. Operations F.Y. 1972 _____________..__.....__..._.........__........_..$ 1,022,702.00

Object Classes: Personal Services ....__._..__,,__.$ 383,039.00 Operating Expenses ___....._._,,__$ 639,663.00

B. Construction F.Y. 1972 .__.__...__._._.__.._.__._.........._____..______$ 443,000.00

Object Class: Capital Outlay _._,,.___...........__._..$ 443,000.00

Section 8. Parks Department. F.Y. 1972 _._.___.___.......__._..._................_._...._..$ 175,000.00

Object Classes: Operating expenses ._........._._.._._.___.$ 75,000.00 Grants for land acquisition ___._________.___.$ 100,000.00

Provided that the Parks Department shall be per mitted to budget for renovations and repairs up to $125,000.00 of the park receipts in excess of the amount of such receipts reflected in the Governor's recommendation in the regular Biennial Budget Report.

2392

JOURNAL OF THE HOUSE,

Provided that from the above appropriation the sum of $100,000.00 shall be used to provide no more than 25% matching of Federal and local funds for land acquisition for Tired Creek Park B. O. R. #10-00060.

Section 9. Forest Research Council. F.Y. 1972 ____.____..._._._______________________$

65,000.00

Object Class: Operating Expenses

65,000.00

Provided that the above appropriation of $65,000.00 is designated and committed solely for use in contracting with the Herty Foundation for the purpose of wood use research.

Section 10. Purchasing Department. F.Y. 1972 ________________________.

..$ 150,000.00

Object Classes: Personal Services ________________.__$ 120,000.00 Operating Expenses ____________._$ 30,000.00

Provided that from the above appropriation the sum of $150,000.00 is designated for the purpose of employing twelve additional personnel and related operating ex
penses.

Section 11. Bureau of State Planning and Community Affairs.
F.Y. 1972 __________________________________$ 285,000.00

Object Class: Grants to A. P. D. Commissions __$ 285,000.00

Provided that from the above appropriation the amount of $285,000.00 shall be used to provide a $15,000.00 nonmatching grant to each Area Planning and Development Commission in Georgia.

Section 12. Department of Audits. F.Y. 1972 ____,,___-_-_-__

__$ 150,000.00

Object Classes: Personal Services ____.__,,_______________$ 120,000.00 Operating Expenses ._.______________$ 30,000.00

SATURDAY, MARCH 6, 1971

2393

Provided that from the above appropriation the sum of $150,000.00 shall be committed for the employment of ten Performance Auditors and related costs.

Section 13. For purposes of appropriation control, the appropriations provided for herein shall be combined by budget unit, object, program and activity with appro priations enacted pursuant to Section A of the Governor's Budget Report.

TOTAL ADDITIONAL APPROPRIATIONS F.Y. 1972 ,,...,,..._....................____._._._......_..........._..._J14,703,370.00

Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.

Section 15. All laws and parts of laws in conflict this Act are hereby repealed.
The report of the Committee on Appropriations, 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 Berry Black Bohannon Bond 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.
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 Egan Evans Farrar Felton

Floyd, J. H. Floyd, L. R. 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

2394

JOURNAL OF THE HOUSE,

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 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 Noble Northcutt Nunn Odom Patterson Patten Pearce Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross Rush

Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T, Snow Sorrells Stephens Sweat Thomason Thompson
Toles Triplet* Tripp Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Bowen Buck Chappell Dailey Dorminy Drury Edwards Ezzard Grahl

Hood Lambert Larsen, W. W. Longino Lowrey McCracken Merritt Oxford Peters Phillips, G. S.

Phillips, W. R. Pickard Russell, A. B. Savage Sims Strickland Townsend Turner Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 164, nays 0.

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

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.

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

SATURDAY, MARCH 6, 1971

2395

On the adoption of the Resolution, the ayes were 115, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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 Geor gia; and for other purposes.

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 Black Bohannon Bond 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
Cook Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Eraser Gary Gaynor Geisinger Gignilliat Granade Grantham Gunter Had away 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 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 Levitas Lewis Logan Marcus Matthews, C. Mauldin Maxwell

2396

JOURNAL OF THE HOUSE,

McDaniell McDonald Melton Miles Milford Miller Moore Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson

Patten Pearce Phillips, W. K. Pinkston Potts Roach Ross Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R.

Smith, J. R. Smith, V. T. Snow Stephens Sweat Thomason Thompson Toles Triplett Tripp Turner Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Blackshear Buck Conger Dailey Dean, Gib Dorminy Egan Grahl Greer Griffin Harrison Hood

Jones, J. R. Knight Longino Lowrey Mason Matthews, D. R. McCracken Merritt Morgan Oxford Peters Phillips, G. S. Phillips, L. L. Pickard

Poole Rainey Reaves Russell, A. B. Savage Sorrells Strickland Townsend Vaughn Wamble Ware Wheeler, Bobby Mr. Speaker

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

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

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.
The following amendment was read and adopted:

Mr. Larsen of the 42nd moves to amend HB 20 by inserting before the word "such" on line 22, page 2, the words "the effect of"; and by striking all but the first 3 words of line 23, page 2, and by striking the first 4 words of line 24, page 2, and by inserting in lieu thereof the words "suspended during the time from filing of notice of appeal un til" ; and by striking the last 3 words of line 25, page 2, and all of lines 26 and 27, page 2, and by inserting in lieu thereof the words "but otherwise the demand shall be of full force and effect."

Mr. Ham of the 33rd moved that HB 20, as amended, be placed on the table.

SATURDAY, MARCH 6, 1971

2397

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

Those voting in the affirmative were Messrs.:

Adams, Marvin Bennett, Tom Bowen Brantley, H. H. Bray Brown, B. D. Brown, S. P. Cheeks Clements oney, G. D. Conger Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Evans Floyd, J. H. Gary Griffin

Ham Hamilton Harrington Harris Hays Hill, B. L. Howard Hudson, Ted Jessup Johnson Keyton King Knight Knowles Lane, W. J. Lee, W. J. (Bill) Matthews, C. Mauldin McCracken McDaniell

Miles Mulherin Murphy Nessmith Northcutt Pearce Phillips, G. S. Pinkston Potts Reaves Roach Rush Russell, H. P. Scarborough Shanahan Smith, H. R. Thompson Triplett Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alien Barfield Battle Bell Bennett, J. T. Brown, C. Burruss Busbee Carr Carter Chance Chandler Chappell Cole Collins, S. Colwell Coney, J. L. Connell Davis, W. Dean, Gib Dixon Egan Farrar Felton Floyd, L. R. Fraser Gaynor

Geisinger Gignilliat Granade Grantham Gunter Hill, G. Horton Housley Howell Hudson, C. M. Jones, Herb Jones, J. R. Jordan Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. S. Levitas Marcus Mason Maxwell McDonald Melton Milford Miller Moore Moyer Mullinax

Noble Nunn Odom Patterson Patten Phillips, W. R. Poole Rainey Ross Russell, A. B. Russell, W. B. Salem Savage Sherman Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Toles Townsend Tripp Turner Wamble Westlake Whitmire Wilson Wood

2398

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Atherton Berry Black Blackshear Bohannon Bond Brantley, H. L. Buck Collier Collins, M. Cook Dailey Dorminy Drury

Edwards Ezzard Grahl Greer Hadaway Harrison Hawes Hood Hutchinson
Isenberg Larsen, W. W. Leggett Lewis Logan Longino Lowrey

Matthews, D. R. Merritt Morgan Oxford Peters Phillips, L. L. Pickard Shepherd Snow Stephens Strickland Vaughn Ware Wheeler, Bobby Williams Mr. Speaker

On the motion to table, the ayes were 59, nays 87.

The motion 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:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M.
Alien Barfield Battle Bell
Brown, C. Busbee
Carr Carter Chance
Chandler Collins, S. Colwell Coney, J. L. Connell Cook Davis, W. Dean, Gib Dixon Egan Parrar

Pelton Ployd, L. R. Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Gunter Harrington Hill, G.
Horton Housley Howell
Hudson, C. M. Hutchinson
Jessup Jones, Herb Jones, J. R.
Jordan Knight
Kreeger Lambert

Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett
Levitas Marcus
Mauldin Maxwell McDonald Milford Miller
Moore Moyer Mullinax Nunn
Odom Patten Pinkston Potts Rainey Roach Salem

SATURDAY, MARCH 6, 1971

2399

Shanahan Smith, V. T. Sorrells Stephens

Toles Triplett Wamble Westlake

Whitmire Wilson Wood

Those voting in the negative were Messrs.:

Atherton Bennett, Tom Berry Black Bowen Brown, B. D. Brown, S. P. Cheeks Clements Cole Collins, M. Coney, G. D. Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent

Evans Gary Ham Hamilton Harris Hays Hill, B. L. Howard Hudson, Ted Johnson Keyton King Knowles Lane, W. J. Lee, W. J. (Bill) Lewis Matthews, C.

McCracken Melton Miles Mulherin Murphy Nes smith Northcutt Patterson Pearce Phillips, W. R. Rush Russell, H. P. Scarborough Sherman Smith, H. R. Thomason Wheeler, J. A.

Those not voting were Messrs.:

Adams, Marvin Bennett, J. T. Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Buck Burruss Chappell Collier Conger Dailey Dorminy Drury Edwards Ezzard Floyd, J. H. Grahl Griffin

Hadaway Harrison Hawes Hood Isenberg Logan Longino Lowrey Mason Matthews, D. R. McDaniell Merritt Morgan Noble Oxford Peters Phillips, G. S. Phillips, L. L. Pickard Poole Reaves

Ross Russell, A. B. Russell, W. B. Savage Shepherd Sims Smith, J. R. Snow Strickland Sweat Thompson Townsend Tripp Turner Vaughn Ware Wheeler, Bobby Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 82, nays 51.

The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Noble of the 73rd stated that he had been called from the floor of the

2400

JOURNAL OF THE HOUSE,

House when the roll was called on HB 20, as amended, and wished to be recorded as voting "aye".

Mr. Levitas of the 77th 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 20, as amended.

Under the general order of business established by the Committee on Rules, the following: Bill of the House was again taken up for consideration and read:

HB 516. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act, so as to change the pro visions relating to expenses and mileage allowances of judges emeritus while serving as judges in the superior courts; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, Marvin Alexander, W. H. Alien Bennett, Tom Bond Brantley, H. L. Brown, B. D. Brown, C. Burruss Busbee Carr Chandler Chappell Cheeks Clements Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Dean, Gib Dent Dixon Dorminy Egan Evans Farrar Felton Floyd, J. H. Gaynor

Griffin Hadaway Harrington Harris Harrison Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Keyton King Kreeger Lambert Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas Marcus Mason Matthews, D. E. Maxwell McDaniell Melton Miles Miller Morgan Moyer Mulherin

Mullinax Murphy Nessmith Northcutt Nunn Odom Patten
Pearce Phillips, L. L. Poole Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Shanahan Sherman Smith, H. R. Smith, V. T. Snow Sorrells Thomason Townsend Triplett Tripp Wamble Whitmire Williams Wilson Wood

SATURDAY, MARCH 6, 1971

2401

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Alexander, W. M. Bell Black Bray Chance Cole Collins, S. Cook Davis, W. Dean, J. E. Dean, N. Floyd, L. B. Fraser Gary

Geisinger Granade Grantham Gunter Ham Hamilton Hays Hill, B. L. Hill, G. Hood Hudson, Ted Jones, Herb Jones, J. R. Jordan Lane, Dick Larsen, G. K.

Logan Lawrey Mauldin McDonald Milford Moore Noble Salem Savage Shepherd Stephens Toles Westlake Wheeler, J. A.

Those not voting were Messrs.:

Atherton Barfield Battle Bennett, J. T. Berry Blackshear Bohannon Bowen Brantley, H. H. Brown, S. P. Buck Carter Collier
Dailey Drury Edwards Ezzard

Gignilliat Grahl Greer Hawes Knight Knowles Lane, W. J. Leggett Lewis Longino Matthews, C. McCracken Merritt Oxford Patterson Peters Phillips, G. S.

Phillips, W. R. Pickard Pinkston Potts Ross Scarborough Sims Smith, J. R. Strickland Sweat Thompson Turner Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 98, nays 46.

The Bill, having received the requisite constitutional majority, was passed.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments and substitutes thereto:
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 Teachers' Retirement System, so as to provide that any teacher who is an active

2402

JOURNAL OF THE HOUSE,

member 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.

The following Senate amendments were read:
Senator Bateman of the 27th moves to amend HB 104 by striking on page 3, lines 2, 3, 4 and 5, the phrase:
"Provided further, however, that this change in this Act shall not affect the rights of any person who has retired when this amendment becomes effective."
The Senate Committee on Retirement moves to amend HB 104 as follows:
1. By striking from Lines 17-20, Page 1 the following:
"to provide that nothing herein shall be construed to affect the rights of any person who has retired prior to the effective date of this amendatory Act;"
2. By striking from Line 1, Page 3 the following: "and/or"
and inserting in lieu thereof the word:

3. By striking from Line 2, Page 3 the semicolon:

and inserting in lieu thereof a period:

4. By striking Line 2, Page 3, beginning with the word "provided" through and including the word "effective." on Line 5, Page 3.
Mr. Farrar 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:

SATURDAY, MARCH 6, 1971

2403

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 Bo wen Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Busbee Carter Chance Chandler Chappell Clements Collier 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
Dorminy
Edwards
Evans
Ezzard
Farrar
Floyd, L. R.
Fraser
Gary
Gayner
Geisinger

Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington 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 Key ton King 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.
Mauldin
McDaniell
McDonald
Melton
Merritt
Milford
Miller

Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Shcrman Sims
Smith, H. R.
Smith, J. R.
Snow
Stephens
Strickland
Sweat
Thomason
Thompson
Toles
Triplett
Tripp
Vaughn
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wood

2404

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bond Bray Brown, B. D. Buck Burruss Carr Cheeks Cole Collins, M. Colwell Dailey Dixon Drury Egan

Felton Floyd, J. H. Grahl Harris Hawes Hood Housley Lane, W. J. Levitas Longino Matthews, D. R. Maxwell McCracken Miles

Peters Pickard Rainey Reaves Russell, A. B. Smith, V. T. Sorrells Townsend Turner Wamble Ware Wilson Mr. Speaker

On the motion, the ayes were 153, nays 0.

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

HB 470. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act relating to private passenger automobiles; to create a manufacturer's warranty as to standards of safety concern ing the ability to withstand shock; and for other purposes.

The following Senate amendment was read:
The Senate Public Utilities and Transportation Committee moves to amend HB 470 by striking the word "January" on page 1, line 18, and inserting in lieu thereof the word "August", and by deleting the "." after the word "automobile" on page 2, line 2, and adding, "exclusive of damage to the bumper itself."

Mr. Gaynor of the 80th moved that the House agree to the Senate amendment.

On the motion, the ayes were 114, nays 2.

The motion prevailed and the Senate amendment to HB 470 was agreed to.

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

SATURDAY, MARCH 6, 1971

2405

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 consecutive hours or more to obtain a permit from the Department of Public Health; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Health and Welfare offers the following amendment:
Amend HB 421 by inserting the following two Sections after line 26 on page 5:
"88-1207a. Emergency Powers and Mutual Aid Arrangements. In the event the Director of the Department of Public Health de termines that the various facilities appropriate for security of life or health are inadequate due to the unprecedented size of the mass gathering, failure of the person(s) responsible for providing fa cilities, services and other requirements of this Act, or for any other reason, the Director of the Department of Public Health shall immediately inform the Governor who shall have general direction and control of the Civil Defense Division, Department of Public Defense, and may take whatever immediate action he deems best under the authority of the Civil Defense Act of 1951, as amended. Upon order of the Governor, the Director of the Civil Defense Di vision shall, subject to the direction and control of the Governor, coordinate the activities of all organizations, agencies, and persons required to protect the health, safety, and general welfare of the public in the manner prescribed by the Georgia Civil Defense Act of 1951, as amended."
"88-1208a. Recovery for Aid and Service. Any department or agency of the State which assumes the obligations of any person who has defaulted under this Act, may maintain an action at law to recover the actual cost and damages suffered against the person holding or promoting a mass gathering, or one who defaults in the performance of an obligation. All damages recovered under this Section, including, without limitation, the value of goods and serv ices expended in behalf of one who has defaulted under this Act, together with the costs thereof, shall be paid into the State Treasury to the credit of the Department or agency which suffered same. Actions to recover costs and damages under this Section shall be brought in the Superior Court in the county in which the cause of action or some part thereof arose, or in which the person complained of has a principal place of business or in which the person com plained of resides. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions."
and by striking the figure "88-1207a" on line 27 of page 5 and substitut ing thereof the following:
"88-1209a".

2406

JOURNAL OF THE HOUSE,

and by inserting the following Code Section after line 30 on page 5:

"88-1210a. Civil Penalties and Procedures for Imposing such Penalties.

(a) Civil Penalties--Any person violating any provision of this Act, or duly promulgated supplementary rules and regulations, or who fails, neglects, or refuses to comply with any final or emergen cy order of any agency or department acting under the authority of this Act shall be liable to a civil penalty of not less than $1,000.00 nor more than $10,000.00 for such violation. Each day of violation shall be considered a separate offense.

(b) Procedures--Any agency or department shall, after a hearing, determine whether or not any person has violated any pro vision of this Act or duly promulgated supplementary rules and regulations, or failed, neglected or refused to comply with any final or emergency order of such agency or department and may upon a proper finding issue its order imposing such civil penalties as here in provided. Any person so penalized under this Section is entitled to judicial review. In this connection all hearings and proceedings for judicial review under this Section shall be in accordance with the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended. All penalties and interest recovered by such agency or department as herein provided, together with the cost thereof, shall be paid into the State Treasury to the credit of the general fund."
and by renumbering "88-1208a" as "88-1211a".

Mr. Grahl of the 40th 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. M. Alien Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom Berry Black
Blackshear Bohannon

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

Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W.
Dean, Gib Dean, N. Dent Dorminy
Edwards Egan

SATURDAY, MARCH 6, 1971

2407

Evans Ezzard Felton Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington 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. S. Leggett Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Mulherin Mullinax Nessmith Noble Odom Patterson Patten Pearce Peters Phillips, L. L.

Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Salem Scarborough Shanahan Shepherd Sherman
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sc-rrells
Stephens Strickland Thompson Toles Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. H.

Daugherty

Hill, B. L.

Those not voting were Messrs.:

Bond Bowen Bray Buck Carter Collins, M. Dailey Dean, J. E. Dixon Drury Farrar Floyd, J. H. Gary

Hamilton Harris Hawes Hood Lee, W. J. (Bill) Longino Marcus McCracken Merritt Moyer Murphy Northcutt Nunn

Oxford Phillips, G. S. Phillips, W. R. Pickard Russell, H. P. Russell, W. B. Savage Sweat Thomason Townsend Triplett Ware Mr. Speaker

2408

JOURNAL OF THE HOUSE,

On the motion, the ayes were 152, nays 3.

The motion prevailed and the Senate amendment to HB 421 was agreed to.
HB 232. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Code Section 84-1109, so as to provide for the annual renewal of certificates to practice optometry; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 84-1109, relating to the annual registration of optometrists, as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 961), so as to provide for the annual renewal of certificates to practice optometry; to provide for annual registration fees; to provide for annual training of optometrists; to authorize the Georgia State Board of Examiners in Optometry to con tract with certain institutions, organizations or individuals; to provide for the forfeiture of certificates to practice optometry; to provide for the restoration of certificates to practice optometry; to change certain fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 84-1109, relating to the annual registration of optometrists, as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 961), is hereby amended by striking same in its entirety and inserting in lieu thereof the following:
"84-1109. Annual Registration of Practitioners; Annual Train ing ; Board Approval of and Providing for Training Courses; Fee.-- Each person practicing optometry shall register annually on or be fore January 10 in each year with the Joint Secretary, State Exam ining Boards by completing and filing a form to be furnished by the State Board of Examiners in Optometry. Each registrant shall pay an annual registration fee of $25.00 and, effective January 10, 1972, shall submit satisfactory proof of his attendance, on the aforemen tioned form for the number of hours established hereunder, during the twelve-month period immediately preceding the date of registra tion, at an educational program or programs providing training in professional techniques employed in the practice of optometry and which have been approved by the Georgia State Board of Examiners in Optometry. The Board may approve programs to be held within or without the State of Georgia. The Board shall approve only such educational programs as are available to all persons practicing optometry in the State on a reasonable nondiscriminatory fee basis. Any request for Board approval of an educational program shall be submitted in a timely manner with due regard for the necessity

SATURDAY, MARCH 6, 1971

2409

of investigation and consideration by the Board. The Georgia State Board of Examiners in Optometry may contract with institutions of higher learning, professional organizations or qualified in dividuals for the providing of programs that meet this require ment, and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing education required shall be fixed by the Georgia State Board of Examiners in Optometry by February 1 of each calendar year; provided that the number of hours so fixed shall not be less than seven nor more than twenty during any twelve-month period. In no instance may the Georgia State Board of Examiners in Optometry require a greater number of hours of study than are available at approved courses held within the State of Georgia during the applicable twelve-month period, and the said Board is empowered to waive this requirement in cases of certified illness or undue hardship. Failure to register, pay the registration fee, or submit satisfactory proof of annual training shall forfeit the certificate of the delinquent optometrist, but a practioner's cer tificate may be restored upon payment of all delinquent registration fees, a penalty of $25.00 and the submission of satisfactory proof of annual training within the preceding twelve-month period."

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

Mr. Wheeler of the 18th moved that the House agree to the Senate substitute to HB 232.

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 Bohannon Bond Bowen Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter 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 Edwards Evans Ezzard Farrar Floyd, L. R. Fraser Gaynor

2410
Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harrison Hawes 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 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 McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Patter son Pearce Phillips, L. L. Pinkston Poole

Potts Reaves 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. Snow Sorrells Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Buck Carr Collins, M. Dailey Drury Egan Felton Floyd, J. H. Gary Grahl Harris

Hood Howell Johnson Longino McCracken Merritt Mullinax Murphy Oxford Patten Peters

Phillips, G. S. Phillips, W. R. Pickard Rainey Scarborough Stephens Strickland Townsend Ware Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 160, nays 0.

The motion prevailed and the Senate substitute to HB 232 was agreed to.

SATURDAY, MARCH 6, 1971

2411

HB 369. By Messrs. Battle of the 90th, Dorminy of the 48th, Edwards of the 45th, Hadaway of the 27th and others:
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 pro ceedings of mandamus to enforce the provisions of this Act; and for other purposes.

The following Senate amendment was read:

Senator Walling of the 42nd moves to amend HB 369 as follows: By striking from Section 22A the following:

"Actions to recover penalties under this Section shall be brought by the Board in the superior court in the county in which the cause or some part thereof arose, or in which the corporation complained of has its principal place of business or in which the person com plained of resides. In such action, all penalties incurred up to the time of commencing the action may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in any civil action. All fines and penalties recovered by the State in any such action, together with the costs thereof, shall be paid into the State Treasury to the credit of the General Fund.",

and by inserting in lieu thereof the following:

"The Board, after a hearing, shall make the determination of whether or not any person has violated any provision of this Act or has, negligently or intentionally, failed or refused to comply with any final or emergency order of the Board issued as herein pro vided and may impose such civil penalties as herein provided by order for such violations. Said hearing and any court review of said hearing shall be under the provisions of the Georgia Administrative Procedure Act, as amended. All penalties and interest recovered by the Board as herein provided by this Act, together with the cost thereof, shall be paid into the State Treasury to the credit of the general fund."

Mr. Battle of the 90th 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. Alien 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. Burruss

2412
Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Coiling, 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 Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris

JOURNAL OF THE HOUSE,

Harrison Hawes Hays Hill, G. Hood Horton Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick 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
Noble Northcutt Nunn Oxford Patterson Patten Pearce Phillips, W. R. Pinkston Poole Potts Roach
Boss Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Thomason Thompson Toles Tripp
Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Bond Bowen Brantley, H. H. Buck Carter Collier

Colwell Dailey Drury Egan Gaynor Greer Hill, B. L.

Housley Howard Howell Johnson Lambert Lane, W. J. Longino

SATURDAY, MARCH 6, 1971

2413

Matthews, D. R. McCracken Murphy Nessmith Odom Peters Phillips, G. S.

Phillips, L. L.
Pickard Rainey Reaves Scarborough Smith, V. T. Sweat

Townsend Triplett Vaughn Ware Mr. Speaker

On the motion, the ayes were 154, nays 0.

The motion prevailed and the Senate amendment to HB 369 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the Conference Committee thereon:

HB 469. By Messrs. Williams, Wood and Whitmire of the llth: A Bill to be entitled an Act to amend an Act so as to change the terms of the State Court of Hall County; and for other purposes.
The following report of the Conference Committee was read:

CONFERENCE COMMITTEE REPORT ON HB 469

Mr. President and Mr. Speaker:

Your Conference Committee on HB 469 has met and submits the fol lowing recommendations:

That the House and Senate recede from their respective positions and that the attached Substitute to HB 469 be adopted.

FOR THE HOUSE:
/s/ W. M. Williams Representative, llth District
/s/ Joe T. Wood Representative, llth District
/s/ Doug Whitmire Representative, llth District

Respectfully submitted,
FOR THE SENATE:
/s/ Howard T. Overby Senator, 49th District
/s/ Maylon K. London Senator, 50th District
/s/ Billy Shaw Abney Senator, 53rd District

2414

JOURNAL OP THE HOUSE,

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 ap proved April 9, 1963 (Ga. Laws 1963, p. 3229), so as to change and in crease the terms of said Court; to change the compensation of the judge and solicitor of said Court; to provide for the filing 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 OF 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 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 f ollows:
"Section 2. There chall 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 a special election called for that purpose, and any person so elected shall serve for the remainder of the unexpired term. The judge of said State Court shall receive a salary of $22,000 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",

SATURDAY, MARCH 6, 1971

2415

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 special election called for that purpose, and any person so elected shall serve for the unexpired term of the solicitor whose office is vacant.",

so that when so amended, Section 4 shall read as follows:

"Section 4. There shall be a solicitor for said Court who shall have practiced law for two years, who shall be elected by the quali fied 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 hereinafter pro vided, shall be filled by special election called for that purpose, and any person so elected shall serve 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 fol lows:

"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 pro vided for him in the Hall County Courthouse."

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 15A. 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 furn ished by and at the expense of the County. After said complaint

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JOURNAL OF THE HOUSE,

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 defendant. 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 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.

Mr. Whitmire of the llth moved that the House adopt the Conference Com mittee Report on HB 429.

On the motion, the ayes were 105, nays 0.

The Conference Committee Report on HB 429 was adopted.

The following Resolution of the House was read and adopted:
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 effective and equitable program for the abatement of water pollution; and for other purposes.

SATURDAY, MARCH 6, 1971

2417

WHEREAS, the City of Atlanta and surrounding governments are currently dumping raw sewage and inadequately treated waste into the Chattahoochee River and other rivers in the Atlanta area as a result of the lack of adequate sewage treatment facilities; and

WHEREAS, this problem of inadequately treated sewage is being duplicated in many localities throughout the State of Georgia; and

WHEREAS, both the Federal and State governments have ordered the City of Atlanta and other governments to discontinue the dumping of raw and inadequately treated sewage into the waterways; and

WHEREAS, this problem is not relevant solely to the City of At lanta, but is a problem which exists throughout the State of Georgia and which vitally affects all areas of the State; and

WHEREAS, it is of the utmost necessity that the State take action to assist local governments in their water pollution abatement programs; and

WHEREAS, the Georgia Water Quality Control Board has re quested approximately $8.9 million to be used as a supplement to funds raised by local communities for water pollution abatement programs; and

WHEREAS, the Georgia Water Quality Control Board has proposed that these State funds be used as a 17% supplement to the presently existing 33% Federal funds, thereby leaving local communities to raise the remaining 50% of the eligible project costs; and

WHEREAS, these supplemented State funds, if expended in the manner proposed by the Water Quality Control Board, will not actually expedite the water pollution abatement program in Georgia because the communities which are eligible and in a position to avail themselves of this State supplement have already indicated their ability to raise 67% funds under the Federal program by increased water and sewerage rates; and

WHEREAS, many communities have financed 67% of the cost of their water pollution abatement programs on their own, and with great diligence have gone forward and complied with State and Federal regu lations without State aid; and

WHEREAS, the communities which have diligently gone forward with such programs without State aid would not be assisted with State funds under the proposed program of the Georgia Water Quality Control Board; and

WHEREAS, the Federal government has indicated strong inten tions of drastically increasing the Federal water pollution abatement efforts, but that such a program has not been formulated and cannot be accurately anticipated at this time; and

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WHEREAS, it is imperative that the State of Georgia design its efforts so as to maximize water pollution abatement programs in the State and to derive for the State of Georgia the maximum Federal funds which are available, or which may become available; and

WHEREAS, Governor Carter's budget proposal provides that the Governor shall have broad authority and flexibility in devising programs for the expenditure of the funds now being appropriated by the General Assembly in the water pollution abatement field;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that any State funds appropriated for the 197273 fiscal year, prior to the time at which a constitutional amendment providing for long-term programs can be adopted, be utilized on a basis which will be equitable to all local communities so as to provide for the most comprehensive water pollution abatement program possible.

BE IT FURTHER RESOLVED that the General Assembly grant to the Governor flexibility to devise programs which will expend the funds appropriated by the General Assembly for water pollution control with the following goals given prime consideration:

(1) Maximizing Georgia's water pollution abatement efforts;

(2) Treating the communities in Georgia who have gone forward with their program in an equitable manner;

(3) Deriving the maximum Federal participation for each State and local dollar expended;

(4) Devising a program which will place Georgia in the forefront in the water pollution abatement effort by using State funds to give incentive to communities to meet standards and requirements beyond the Federal and State minimum requirements, including, but not limited to, tertiary treatments and other treatments which exceed minimum re
quirements.

The following Resolution of the House was read:

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.

WHEREAS, the City of Atlanta and surrounding governments are currently dumping raw sewage and inadequately treated waste into the Chattahoochee River, and other rivers in the Atlanta area, as a result of the lack of adequate sewage treatment facilities; and

SATURDAY, MARCH 6, 1971

2419

WHEREAS, this problem of inadequately treated sewage is oc curring in many localities throughout the State of Georgia; and

WHEREAS, both the Federal and State governments have ordered the City of Atlanta and other governments to discontinue the dumping of raw and inadequately treated sewage into the waterways; and

WHEREAS, this problem is not relevant solely to the City of At lanta, but is a problem which exists throughout the State of Georgia and which vitally affects all areas of the State; and

WHEREAS, it is of the utmost necessity that the State take action to assist local governments in their water pollution abatement programs; and

WHEREAS, many communities do not have the bonding capacity to allow said communities to sell their bonds in an efficient and expenditious manner at a reasonable rate of interest; and

WHEREAS, many communities in the State of Georgia which are in need of water pollution abatement facilities do not have the necessary financial structure required to fund 67% of the cost of such facilities or even 50% of the cost; and

WHEREAS, it should be an objective of the State of Georgia to assist the broadest possible number of communities by the distribution of State funds in a manner which is equitable to all communities in volved; and

WHEREAS, the most effective methods of State assistance in the water pollution abatement program require an amendment to the Geor gia Constitution so as to allow the State to pursue feasible alternatives; and

WHEREAS, Senate Resolution 26, which proposes an amendment to the Constitution so as to authorize the State to incur public debt and issue bonds, provides a long-term method of adequately financing the State's total water pollution abatement program.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that in order to allow the State of Georgia to pass legislation to provide the most effective method of State assistance in the water pollution abatement efforts, a constitutional amendment be submitted to the electors allowing the General Assembly to pass legisla tion providing for any of the following alternatives, to-wit:

(1) The issuance of bonds guaranteed by the State which would assure that adequate financing would be available for all local govern ments desiring to participate in such a program;

(2) State participation in debt service grants in a manner deemed to be the most equitable by the General Assembly; and

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(3) Rapid acceleration of the water pollution abatement fight by the elimination of the long lead time required for the issuance of local bonds in fair to poor bond markets.

BE IT FURTHER RESOLVED that any appropriations made available for grants for water pollution abatement programs take into consideration the fact that an adequate and equitable long-term program with State participation can only be implemented by amendment to the Constitution of Georgia.

BE IT FURTHER RESOLVED that the House of Representatives give serious consideration to the passage of Senate Resolution 26 or com parable legislation so as to submit to the electors of Georgia a constitu tional amendment to authorize the State to incur public debt and issue bonds in order to provide for adequate State and local financing for the State's water pollution abatement program.

The following Committee substitute was read and adopted:
A RESOLUTION
Urging the adoption of an efficient and equitable program for the abatement of water pollution; and for other purposes.
WHEREAS, the City of Atlanta and surrounding governments are currently dumping raw sewage and inadequately treated waste into the Chattahoochee River, and other rivers in the Atlanta area, as a result of the lack of adequate sewage treatment facilities; and
WHEREAS, this problem of inadequately treated sewage is oc curring in many localities throughout the State of Georgia; and
WHEREAS, both the Federal and State governments have ordered the City of Atlanta and other governments to discontinue the dumping of raw and inadequately treated sewage into the waterways; and
WHEREAS, this problem is not relevant solely to the City of At lanta, but is a problem which exists throughout the State of Georgia and which vitally affects all areas of the State; and
WHEREAS, it is of the utmost necessity that the State take action to assist local governments in their water pollution abatement pro grams; and
WHEREAS, many communities do not have the bonding capacity to allow said communities to sell their bonds in an efficient and ex peditious manner at a reasonable rate of interest; and
WHEREAS, many communities in the State of Georgia which are in need of water pollution abatement facilities do not have the necessary

SATURDAY, MARCH 6, 1971

2421

financial structure required to fund 67% of the cost of such facilities or even 50% of the cost; and

WHEREAS, it should be an objective of the State of Georgia to assist the broadest possible number of communities by the distribution of State funds in a manner which is equitable to all communities in volved; and

WHEREAS, the most effective methods of State assistance in the water pollution abatement program require an amendment to the Geor gia Constitution so as to allow the State to pursue feasible alternatives; and

WHEREAS, there will be House and Senate Resolutions in the 1972 Legislative Session, which propose an amendment to the Con stitution so as to authorize the State to incur public debt and issue bonds, and which provide a long-term method of adequately financing the State's total water pollution abatement program.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that in order to allow the State of Georgia to pass legislation to provide the most effective method of State assistance in the water pollution abatement efforts, a constitutional amendment be submitted to the electors allowing the General Assembly to pass legis lation providing for any of the following alternatives, to-wit:
(1) The issuance of bonds guaranteed by the State which would as sure that adequate financing would be available for all local govern ments desiring to participate in such a program;

(2) State participation in debt service grants in a manner deemed, to be the most equitable by the General Assembly; and
(3) Rapid acceleration of the water pollution abatement fight by the elimination of the long lead time required for the issuance of local bonds in fair to poor bond markets.

BE IT FURTHER RESOLVED that any appropriations made available for grants for water pollution abatement programs take into consideration the fact that an adequate and equitable long-term pro gram with State participation can only be implemented by amendment to the Constitution of Georgia.

BE IT FURTHER RESOLVED that the House of Representatives give serious consideration to the passage of a Resolution so as to submit to the electors of Georgia a constitutional amendment to authorize the State to incur public debt and issue bonds in order to provide for ade quate State and local financing for the State's water pollution abate ment program.

The following Resolutions of the House were read and adopted:

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HR 379. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Smith and Sherman of the 80th:

A RESOLUTION

Commending Fine Products Company of Augusta; and for other purposes.

WHEREAS, Fine Products Company of Augusta is one of the most successful and well-managed business enterprises in the Richmond Coun ty area; and

WHEREAS, the Chairman of the Board of said company, Mr. Samuel McGuire, Jr., is an outstanding citizen of his community; and

WHEREAS, said company makes a very important contribution to the economic life of Augusta and Richmond County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Fine Products Company of Augusta and its Chairman of the Board, Mr. Samuel McGuire, Jr., for making many important contri butions to the growth and prosperity of Augusta and Richmond 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 Mr. Samuel McGuire, Jr.

HR 380. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Smith and Sherman of the 80th:
A RESOLUTION
Commending Mr. Ray "Railroad" Reynolds and Mr. Cliff Elsroad; and for other purposes.
WHEREAS, Mr. Ray "Railroad" Reynolds and Mr. Cliff Elsroad of "Riverbank" Augusta are well known for their jovial manners and colorful personalities; and
WHEREAS, these gentlemen have extended many courtesies to members of the House of Representatives and other luminaries on the Augusta-Richmond County scene; and
WHEREAS, it is only fitting and proper that they be recognized for their remarkable contributions to the social and political life of "Riverbank" Augusta and environs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com-

SATURDAY, MARCH 6, 1971

2423

mend Mr. Ray "Railroad" Reynolds and Mr. Cliff Elsroad for their remarkable contributions to the social and political life of "Riverbank" Augusta and environs.

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. Ray "Railroad" Reynolds and Mr. Cliff Elsroad.

HR 381. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Smith and Sherman of the 80th:

A RESOLUTION

Commending the First National Bank and Trust Company of Au gusta; and for other purposes.

WHEREAS, the First National Bank and Trust Company of Au gusta, Georgia has made great contributions to the progress and de velopment of Augusta and Richmond County for many years; and

WHEREAS, Mr. James B. Williams, President of said Bank, is an outstanding business and civic leader of his community; and

WHEREAS, he has devoted his great talent and energies on behalf of many worthy causes and has held many positions of honor and trust.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the First National Bank and Trust Company of Augusta and its President, Mr. James B. Williams, for many years of outstanding service to the people of Augusta and Richmond 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 Mr. James B. Williams, President of the First National Bank and Trust Company of Augusta.

HR 382. By Mr. Wheeler of the 18th:

A RESOLUTION

Commending the Elbert County High School Band; and for other purposes.

WHEREAS, the Elbert County High School Band of Elberton, Georgia, has been selected as one of the outstanding musical units in our State; and
WHEREAS, the Band is known Statewide for its outstanding per formances and has participated in ceremonies in Atlanta Braves games, Atlanta Falcons games and the first Annual Peach Bowl Game; and

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WHEREAS, the Band has accepted an invitation to represent the State of Georgia at the Festival of States to be held in St. Petersburg, Florida, March 22-April 4, 1971; and

WHEREAS, the Band was first runner-up in the National March ing Contest and first runner-up in the "Parade of States" competition at St. Petersburg, Florida, in 1969; and

WHEREAS, the Band received a superior rating by making a per fect score in the annual Governor's Marching Festival for Georgia and was selected as one of the top 15 marching bands in the Southeast; and

WHEREAS, the Elbert County High School Band has long been a symbol of superior performances in marching and music.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend and congratulate the Elbert County High School Band of Elberton, Georgia, for being selected one of the outstanding musical units in our
State.

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 Principal of Elbert County High School and to the Director of Music of Elbert County High School.

HR 383. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Smith and Sherman of the 80th:
A RESOLUTION
Commending Castleberry Food Company of Augusta; and for other purposes.
WHEREAS, Castleberry Food Cmpany of Augusta is one of the most successful and well-managed business enterprises in the Richmond County area; and
WHEREAS, the President of said company, Mr. Frank Troutman, is an outstanding citizen of his community; and
WHEREAS, said company makes a very important contribution to the economic life of Augusta and Richmond County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Castleberry Food Company of Augusta and its President, Mr. Frank Troutman, for making many important contributions to the growth and prosperity of Augusta and Richmond County.

SATURDAY, MARCH 6, 1971

2425

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. Frank Troutman.

HR 384. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Smith and Sherman of the 80th:
A RESOLUTION
Commending the Citizens and Southern National Bank of Augusta; and for other purposes.
WHEREAS, the Citizens and Southern National Bank enjoys a national reputation as a leader in progressive banking and community services; and
WHEREAS, the Citizens and Southern National Bank, under the leadership of its energetic and able Vice President, Mr. W. J. Ellis, does honor to the Citizens and Southern National Bank tradition; and
WHEREAS, Mr. Ellis is an outstanding citizen of his community and devotes his time and energy on behalf of many worthy causes and the overall progress of Augusta and Richmond County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Citizens and Southern National Bank and its Vice President, Mr. W. J. Ellis, for many years of outstanding service to the people of Augusta and Richmond 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 Mr. W. J. Ellis.
HR 385. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Smith and Sherman of the 80th:
A RESOLUTION
Commending the Georgia Railroad Bank and Trust Company of Augusta; and for other purposes.
WHEREAS, the Georgia Railroad Bank and Trust Company of Augusta has stood as a' symbol of the progress and economic develop ment of Augusta and Richmond County for many years; and
WHEREAS, the President of said bank, Mr. Sherman Drawdy, sets an outstanding example of good citizenship for his community through his tireless efforts on behalf of civic causes and the continued growth and prosperity of Augusta and Richmond County; and

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JOURNAL OF THE HOUSE,

WHEREAS, said bank renders excellent service and enjoys the respect and confidence of all its many customers.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Georgia Railroad Bank and Trust Company and its President, Mr. Sherman Drawdy, for many years of outstanding service to the people of Augusta and Richmond 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 Mr. Sherman Drawdy.

HR 386. By Messrs. Battle of the 90th, Murphy of the 19th, Matthews of the 16th, Thomason of the 77th, Mulherin of the 78th and many others:

A RESOLUTION
Urging a review of reports and studies of an environmental nature relative to the Apalachicola, Chattahoochee and Flint Rivtrs be under taken by the United States Board of Engineers for Rivers and Harbors; 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 Document No. 300 of the 80th Congress; and

WHEREAS, additional studies of an environmental nature of these rivers have been conducted; and

WHEREAS, these environmental studies of the possible adverse ef fects of impoundments on the health and economy of this water basin region are extensive; and

WHEREAS, already environmental complications have arisen from impoundments on the Chattahoochee River; and

WHEREAS, the State of Georgia recognizes the tremendous water pollution abatement problem faced by the City of Atlanta; and

WHEREAS, the construction of impoundments below the City of Atlanta on the Chattahoochee River could further complicate abate ment efforts; and

WHEREAS, the original study of the Chattahoochee River Basin did not give adequate consideration to the possible adverse environment al effects of impoundments; and

SATURDAY, MARCH 6, 1971

2427

WHEREAS, the original study of the Chattahoochee River Basin underestimated the necessary effort required to make the Chattahoochee River into a navigable waterway.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Congressional Delegation is hereby requested to urge the Board of Engineers for Rivers and Harbors to review reports and studies of an environmental nature ac complished for the Apalachicola, Chattahoochee and Flint Rivers and to commence whatever action is necessary immediately in order that the environmental quality of these important waterways may be im proved and enhanced through a reevaluation of the adverse ecological effects of impoundments.

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 each member of the Georgia Congres sional Delegation.

HR 387. By Messrs. Roach of the 10th, Howard, Burruss, Atherton, Housley and McDaniell of the 117th and many others:

A RESOLUTION

Urging the United States Department of Transportation to im mediately approve, without further delay, the proposed route of Inter state Highway 75 across Lake Allatoona; and for other purposes.

WHEREAS, a western route for Interstate Highway 75, west of Lake Allatoona, and an eastern route for Interstate Highway 75, across Lake Allatoona, were considered and were examined in depth by the State Highway Department of Georgia; and

WHEREAS, the State Highway Department of Georgia has deter mined that the eastern route across Lake Allatoona is the most prudent and feasible route for Interstate Highway 75; and

WHEREAS, after public hearings, the State Highway Department of Georgia has satisfied all State agencies, the counties involved, the cities involved, and the U. S. Corps of Engineers that the proposed lo cation of Interstate Highway 75 crossing Lake Allatoona is the most prudent and feasible route for said highway; and

WHEREAS, the easterly route across Lake Allatoona is favored by Governor Carter, by U.S. Representative Phil Landrum, and by U. S. Representative John Davis; and
WHEREAS, the State Highway Department of Georgia has de signed said highway in such a manner as to mitigate any adverse ef fect upon the environment or ecology; and
WHEREAS, conservation of natural resources includes conservation of the human lives which would otherwise be lost through inadequate

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JOURNAL OP THE HOUSE,

highways during the delay which would be the result if the route of said highway is moved; and

WHEREAS, the State Highway Department of Georgia has spent large sums of money and time relying upon the decision choosing the easterly route across Lake Allatoona; and

WHEREAS, if the westerly route west of Lake Allatoona is adopted, there will be approximately $30,000,000 additional cost and ap proximately five years' delay in construction; and

WHEREAS, the easterly route across Lake Allatoona will serve Redtop Mountain State Park and George Washington Carver State Park without the necessity of costly feeder roads which will be necessary if the westerly route west of Lake Allatoona is used.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body urges the Department of Trans portation to immediately approve, without further delay, the proposed route of Interstate Highway 75 across Lake Allatoona as recommended by the State Highway Department of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit a copy of this resolution to the United States Department of Transportation, to the Secretary of Transportation, John Volpe, to Senator Herman Talmadge, to Senator David Gambrell, to U.S. Representative Fletcher Thompson, to U.S. Representative John Davis and to U.S. Representative Phil
Landrum.

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

HR 373. By Messrs. Rush of the 51st, Lane of the 44th, Strickland of the 56th, Chance of the 44th and others:
A RESOLUTION
Creating the Towns and Cities Highway Study Committee; and for other purposes.
WHEREAS, the construction and completion of interstate highways in Georgia has increasingly diverted traffic away from roads, streets and highways which service the towns and cities of this State; and
WHEREAS, the impact of the changes in traffic flow is having an adverse effect upon numerous towns and cities; and
WHEREAS, the roads, streets and highways servicing these towns have taken a place of secondary importance to the funding and con struction of interstate highways; and

SATURDAY, MARCH 6, 1971

2429

WHEREAS, the impact of the present highway planning, construc tion and funding should be studied to determine the effect upon towns and cities; and

WHEREAS, the possibility of increasing roads, streets and high ways servicing towns and cities, from two to four lanes; should be studied.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Towns and Cities Highway 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 thorough study of the highway system of Georgia to determine the need to increase roads, streets and highways, servicing towns and cities, from two to four lanes. The committee shall also study the need for new roads, streets and highways of a four lane nature. The Committee shall study possible routes, existing routes, traffic counts and all possible sources of financing said construction. The Committee shall have the authority to request and receive assistance from any source and shall be au thorized to meet at such times, and at such places, as it shall deem necessary or convenient to effectively accomplish the objectives and purposes of this Resolution. The members of the Committee shall re ceive the allowances authorized for legislative members of interim legis lative committees but shall not receive the same for more than 10 days. The funds necessary to carry out the purpose 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 regular Session of the General Assembly at which time the Committee shall stand abolished.

HR 374. By Messrs. Greer of the 95th and Bohannon of the 20th:
A RESOLUTION
Creating the Title Insurance Study Committee; and for other pur poses.
WHEREAS, legislation has been introduced at the 1971 session of the General Assembly relative to title insurance; and
WHEREAS, it appears that many members of this body, as well as most of the citizens of this State, are not aware of the manner in which title insurance is provided and are not familiar with the laws relative thereto and other related matters; and
WHEREAS, it would be of great benefit to the members of this body to have knowledge of the subject of title insurance.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Title Insurance Study Committee, to be composed of five members of the House of

2430

JOURNAL OP THE HOUSE,

Representatives to be appointed by the Speaker. The Committee shall study the laws relative to title insurance, the manner in which title insurance is provided and other matters relative to the subject. 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. The funds necessary to carry out the pur poses of this resolution shall come from the funds appropriated to and available to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before De cember 1, 1971, on which date the Committee shall stand abolished.

HR 375. By Mr. Hawes of the 95th:
A RESOLUTION
Creating the Georgia Antitrust Law Study Committee; and for other purposes.
WHEREAS, a bill has been introduced at the 1971 Session of the General Assembly relative to the protection by antitrust laws of the trade and commerce of this State against anticompetitive practices; and
WHEREAS, a comprehensive study of anticompetitive practices harmful to the trade and commerce of this State should be made in order that proposals relative to the subject may be considered in their proper context.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the Georgia Anti trust Law Study Committee to be composed of seven members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall be authorized to make a study of all matters rela tive to anticompetitive practices harmful to the trade and commerce of the State, and in connection therewith, said Committee may consult with such officials, individuals, organizations and associations as it deems necesrsary to effectively carry out its duties and responsibilities.
BE IT FURTHER RESOLVED that each member of the Com mittee shall be authorized to receive the expenses and allowances pro vided by law for legislative members of interim committees but shall receive the same for not more than 10 days unless additional days are authorized by the Speaker of the House. Any funds necessary to carry out the provisions of this Resolution shall come from funds ap propriated 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 regular 1972 Session of the General Assembly and shall stand abolished as of the day the General Assembly convenes in regular session in 1972.

SATURDAY, MARCH 6, 1971

2431

HR 376. By Messrs. Marcus of the 104th, Levitas of the 77th, Brown of the 32nd and Smith of the 3rd:

A RESOLUTION

Creating the Prenatal Medical Care Study Committee; and for other purposes.

WHEREAS, many of the birth defects in children born today are caused by insufficient medical care to the mothers while they are carry ing said children; and

WHEREAS, the laws of Georgia and the practices of the medical profession have not yet been refined to the point where an expectant mother can be assured of receiving even minimal health care; and

WHEREAS, it would be a worthwhile use of legislators' time and energy to review the laws and medical practices as aforesaid in order to determine what changes can be made in the laws so as to provide for adequate prenatal care.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Prenatal Medi cal Care Study Committee, to be composed of five members of the House 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 377. By Messrs. Alexander of the 96th, Floyd of the 75th, Logan of the 16th, Wilson of the 117th and Coney of the 82nd:
A RESOLUTION
Creating the Mortgage Brokers Certification Study Committee; and for other purposes.

2432

JOURNAL OP THE HOUSE,

WHEREAS, mortgage brokers are not required to be licensed for such work in this State; and

WHEREAS, many bonuses and fees are paid to mortgage brokers in connection with arranging for, negotiating, selling or purchasing a mortgage loan; and

WHEREAS, there is evidence that bonuses and fees are paid to real estate sales agents for referral of prospective purchasers to mortgage companies; and

WHEREAS, proper regulations and penalty provisions need to be in effect in order to prevent unethical and unlawful mortgage practices; and

WHEREAS, proper licensing and certification would inspire public confidence in the mortgage broker business.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Mortgage Brokers Certification Study 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 related to the need for licensing and certification of mortgage brokers and to the feasibility of creating a mortgage brokers commission. The Committee is authorized to consult with the Real Estate Commission in an effort to determine the best program to certify mortgage brokers. The Committee may conduct such meetings at such places and at such times as it may deem neces sary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the allowances authorized for 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 find ings and recommendations to the 1972 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

HR 378. By Messrs. Alexander of the 96th, Adams of the 100th, Greer and Cook of the 95th and Smith of the 39th:
A RESOLUTION
Creating the Motor Vehicle Appraisers Certification Study Com mittee; and for other purposes.
WHEREAS, appraisers of motor vehicle physical damage claims are not required to be licensed for such work in this State; and
WHEREAS, many persons are not connected with the adjustment or appraisal of motor vehicle claims in this State; and

SATURDAY, MARCH 6, 1971

2433

WHEREAS, proper licensing and certification would inspire the public confidence in appraisers of motor vehicles; and

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Motor Vehicle Appraiser Certification Study Committee to be composed of five repre sentatives to be appointed by the Speaker of the House of Representa tives. The members of the Committee shall be authorized to examine the practices of motor vehicle appraisers and to determine if certifica tion and licensing should be required of such appraisers. The Committee is authorized to consult with representatives of the automotive repair industry and insurance companies in an effort to determine the best program to certify motor vehicle appraisers. The Committee may con duct such meetings at such places and at such times as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the al lowances 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.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, requested that today's Journal show that because of mechanical failure of the voting machine, the roll call votes on the passage of Bills and Resolutions and other motions this day may be inconsistent with the figures appearing on the Enrolled and Engrossed copies inasmuch as said Bills and Resolutions were immediately transmitted to the Senate; however, the votes appearing in the Journal are correct.

Mr. Bostick of the 63rd requested that the Journal show that his voting machine was not properly recording and he wished to be recorded as voting "aye" on all motions and passages of Bills and Resolutions passed today.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 8, 1971, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday.

2434

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 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.

Prayer was offered by Rev. Reed Polk, Jr., Pastor, First Baptist Church, Forest Park, 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. Buck "'" ' '
Burruss Busbee Carter 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, N. Dent Dixon Dorminy Drury
Edwards Egan Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser
Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Gunter
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, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey
Marcus 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

MONDAY, MARCH 8, 1971

2435

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

2436

JOURNAL OF THE HOUSE,

Your Committee on Rules met and fixed the calendar for today's business, Monday, March 8, 1971, and submits the following:

HB 197. Board of Correction, Director's Compensation.

HB 200. Public Safety, Director's Compensation.

SB 19. Court Bailiffs, Compensation.

SR 19. Tobacco, Sale of Out-of-Belt.

SR 20. Tobacco, Warehouse Operator.

SR 21. Georgia-Florida Tobacco, Marketing Time.

SR 22. Tobacco Farmers, Plant Old Line Varieties.

SB 34. Public Buildings, Insure All.

SB 42. Minors, Treatment Venereal Disease, Drugs.

SB 52. Landscape Architects, Fees for Examination.

SB 65. Drug Possession, First Offense.

SB 71. Alcoholics and Drug Addicts, Hospitalization.

SR 77. Sales Tax, Uncollected Balance.

SB 96. Home Solicitation Sale, Cancellation of Contract.

SB 112. Bar Examinations, Fee, Appointment.

SB 134. G.B.I., Qualification for Employment.

SB 137. North Georgia Mountain Authority.

SB 139. Motor Vehicle, Transport Loads.

SB 157. SB 158. SB 159. SB 171. SB 189. SB 197. SB 205. SB 238. SB 256. SB 257. SB 258.

Mentally 111, Injure Self or Others. Mentally 111, Guardians Liability. Mentally 111, Appoint Temporary Guardian. Inmates, Vocational Training. Municipalities, Extending Boundaries. Sterilization, Parents Consent. Cigarette Tax, Veterans' Homes. Workmen's Compensation, Right of Subrogation. Rolling Stores, Levy Maintenance Tax. Tax Returns, Time Reserved. State Tax, Conform to U.S.

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.

MONDAY, MARCH 8, 1971

2437

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

HB 1064. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Towns 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 1065. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act amending the Charter of the City of Brunswick by redefining the corporate limits of said City, so as to further define the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1066. 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 in Glynn County, so as to provide for a Board of Tax Appeals; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1067. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act known as the "Carroll County Water Authority Act", so as to change the provisions relating to interest rate on bonds and to increase the amount of negotiable revenue bonds said authority may have outstanding at any one time; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1069. By Messrs. Russell of the 77th and Larsen of the 113th:
A Bill to be entitled an Act to create within the executive branch of government a water resources planning and coordinating program; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

2438

JOURNAL OF THE HOUSE,

HB 1070. By Messrs. Larsen and Chappell of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, 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 1071. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus, so as to change the bond provision relating to the clerk and treasurer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1072. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Ware County into the office of the tax commissioner of Ware County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1073. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1074. 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 authorize the judge of the superior courts of the Waycross Judicial Circuit to employ and fix the compen sation of a secretary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1075. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to amend an Act placing certain officers of Ware County on a salary system in lieu of a fee system, so as to change

MONDAY, MARCH 8, 1971

2439

the compensation of the Ordinary and the Tax Receiver of Ware County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 371-1075. By Mr. Patten of the 63rd:
A Resolution designating the new occupational therapy facility at Central State Hospital as the "Wilson Bryant Wilkes Building", and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 372-1075. By Messrs. Larsen of the 113th, Townsend of the 115th, Geisinger of the 72nd, Russell of the 77th, Westlake of the 75th, Nunn of the 41st and others:
A Resolution creating the Atlanta Area Chattahoochee River Study Committee; and for other purposes.
Referred to the Committee on Rules.

HB 1076. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select up to and including two members of the Board from any militia district having a population of 1,000 persons or more; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1077. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1078. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act creating the board of commissioners of Coffee 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.

2440

JOURNAL OF THE HOUSE,

HB 1079. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Brooks in the County of Fayette, so as to change the corporate limits of said Town; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1080. By Messrs. Snow, Hays and Clements of the 1st and Peters of the 2nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to change the corporate limits of said town; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1081. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to provide for a chief deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1082. By Mr. Colwell of the 5th: A Bill to be entitled an Act to create water authorities for certain counties of this State (population not less than 4,000 or more than 4,575) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1083. By Messrs. Dean and Murphy of the 19th: A Bill to be entitled an Act to create a new charter for the City of Aragon; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1084. By Messrs. Dean and Murphy of the 19th: A Bill to be entitled an Act to amend an Act placing the coroner of Polk County on a salary basis, so as to change the salary of the coroner of Polk County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, MARCH 8, 1971

2441

HR 388-1084. By Messrs. Dean and Murphy of the 19th:
A Resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of Aragon who are 62 years old or older who have an income not exceeding $4,000 per annum shall be granted a homestead exemption from ad valorem taxation by said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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 1085. By Messrs. Snow, Clements and Hays of the 1st:
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 & Community Affairs--Local Legislation.
HB 1086. By Messrs. Snow, Clements and Hays of the 1st:
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.
HB 1087. By Messrs. Snow, Clements and Hays of the 1st:
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 & Community Affairs--Local Legislation.
HB 1088. By Messrs. Snow, Clements and Hays of the 1st:
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.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

2442

JOURNAL OF THE HOUSE,

HB 1089. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend an Act incorporating the City of Savannah Beach, Tybee Island, so as to change the provisions relative to zoning; 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 1046. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act vesting in the tax commis sioners of certain counties all the powers and duties of sheriffs relative to collection of all tax fi. fas., so as to change the counties to which said Act applies; and for other purposes.

HR 355-1046. By Mr. Wamble of the 69th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall have power to exempt certain nursery stock grown in soil from taxation; and for other purposes.

HB 1047. By Mr. Hill of the 94th:
A Bill to be entitled an Act to add one additional judge of the superior court of the Eastern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; and for other purposes.

HB 1048. By Mr. Hill of the 94th:
A Bill to be entitled an Act to add one additional judge to the State Court of each county having a population of not less than 170,000 and not more than 195,000; to provide for the appointment of such additional judge by the Governor; and for other purposes.

HB 1049. By Mr. Hill of the 94th:
A Bill to be entitled an Act to abolish the Municipal Court of Savannah; to provide for transferring of all documents, records and pending cases to other courts with the jurisdiction to accept same; and for other purposes.

HB 1050. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Collins and Geisinger of the 72nd, Bell and Noble of the 73rd, Jordan and Vaughn of the 74th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum

MONDAY, MARCH 8, 1971

2443

Foundation Program of Education Act", so as to change the provisions relative to the amount of funds needed for library books and non-con sumable teaching materials and aids; and for other purposes.

HB 1051. By Messrs. Adams and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Zebulon, so as to increase the terms of office of the councilmen; and for other purposes.

HB 1052. By Messrs. Adams and Smith of the 39th:
A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Pike County, so as to provide that any state char tered bank having its principal place of business located in Pike County may serve as the county depository; and for other purposes.

HB 1053. By Messrs. Adams and Smith of the 39th: A Bill to be entitled an Act to create and establish a Small Claims Court in Pike County, to prescribe the jurisdiction of said court; and for other purposes.
HR 368-1053. By Messrs. Adams and Smith of the 39th: A Resolution to relieve Harold Adkerson as surety; and for other purposes.
HR 369-1053. By Messrs. Adams of the 100th, Miller of the 83rd, Scarborough of the 81st, Conger of the 68th, Hudson of the 48th, Edwards of the 45th and others: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to impose a tax on casualty insurers and allocate the proceeds derived therefrom to certain of the retirement funds of certain law enforcement officers; and for other purposes.
HB 1055. By Messrs. Black and Edwards of the 45th: A Bill to be entitled an Act to amend an Act incorporating the Town of Preston in Webster County, so as to redefine the corporate limits of said town; and for other purposes.
HB 1056. By Messrs. Larsen and Chappell of the 42nd, and Hadaway of the 27th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Dublin Judicial Circuit, so as to change the provisions relating to the compensation of said court re porter; and for other purposes.

2444

JOURNAL OF THE HOUSE,

HB 1057. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend Code Section 30-202.1 relating to the grants of attorneys' fees in actions of alimony, divorce and ali mony or contempt of court arising out of same to be a final judgment, in order that said fees shall be paid to the attorney for the wife, the payment shall be enforced in the name of the wife, for the use of said attorney, by attachment of contempt or by attachment of contempt of by writ of fieri facias; and for other purposes.

HB 1058. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to protect trade and commerce against unreasonable restraints of trade and other anticompetitive practices; and for other purposes.
HB 1059. By Messrs. Marcus of the 105th, Levitas of the 77th, Brown of the 32nd and Smith of the 3rd:
A Bill to be entitled an Act to authorize a pregnant female of any age and marital status to give consent for medical examinations and treatment, without having to obtain parental consent; and for other purposes.

HB 1060. By Messrs. Marcus of the 105th, Levitas of the 77th, Brown of the 32nd and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to provide that children who have dropped out of school for the reason of being pregnant shall be afforded an oppor tunity to complete their education; and for other purposes.

HB 1061. By Mr. Dean of the 19th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rockmart in the County of Polk, so as to provide that city taxes shall become due and payable in two equal installments each year; and for other purposes.

HB 1062. By Mr. Dean of the 19th:
A Bill to be entitled an Act to amend an Act creating the Polk County Water Authority, so as to change the residence requirements necessary for membership; and for other purposes.

HR 370-1062. By Mr. Dean of the 19th:
A Resolution proposing an amendment to the Constitution so as to provide for the collection of ad valorem taxes in Polk County in two equal installments each year; and for other purposes.

MONDAY, MARCH 8, 1971

2445

HB 1063. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act incorporating the City of Buchanan, so as to change the provisions relating to the election of Mayor and Councilmen; and for other purposes.

HB 1068. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to repeal the present charter of the City of Talbotton; to provide a new charter for said city; and for other purposes.

SB 46. By Senators Tysinger of the 41st, Riley of the 1st, Walling of the 42nd and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act creating the Institute for Research in Biotechnology so as to change the name of the Institute; to provide that the Institute shall be a State agency and a budget unit of the executive branch; and for other purposes.

SR 114. By Senator Reynolds of the 48th:
A Resolution relating to architectural and engineering firms doing business with the State, so as to exempt contracts between architectural and engineering firms and the State Highway Department from the provisions of said Resolution; and for other purposes.

SB 125. By Senator Kidd of the 25th:

;

A Bill to be entitled an Act to amend an Act authorizing the State Per

sonnel Board to provide a health insurance plan for employees of the

county boards of health, so as to change the method of financing such

insurance; and for other purposes.

SB 135. 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 the superior courts, so as to change certain pro visions relative to such fees; and for other purposes.

SB 230. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Code Section 84-303, relating to the qualifications, age, citizenship and character of applicants for reg istrations as architects, so as to delete the requirements that an appli cant for examination be a citizen of the United States; and for other purposes.

SB 276. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act providing for certain

2446

JOURNAL OF THE HOUSE,

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 284. By Senator Abney of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the Superior Court of Dade County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

SB 285. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the office of tax collector and tax receiver of Dade County and creating in lieu there of the office of tax commissioner, so as to change the compensation of the tax commissioner and to provide that all other sources of revenue heretofore paid said officer shall be paid to the treasury of Dade County; and for other purposes.
SB 286. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary; and for other purposes.

SB 287. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act creating the office of com missioner for Dade County, so as to change the compensation of the com missioner; to change the per diem of said commissioner when on certain overnight stays; and for other purposes.

SB 288. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act establishing a salary system of compensation for the sheriff of Dade County, so as to change the compensation of the sheriff; to authorize the sheriff to hire an additional deputy or clerk who shall be certified by the Georgia Peace Officer Standard and Training Council; and for other purposes.

SB 296. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act known as the Clayton County Civil Service System Act, so as to remove the provision which authorizes elected county officials to employ personnel whose names do not appear on the register maintained by the Civil Service System; and for other purposes.

SB 298. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act creating the Board of

MONDAY, MARCH 8, 1971

2447

Commissioners of Clayton County, so as to change the qualifications of the members of said Board; and for other purposes.

SB 299. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the City of Eiverdale, so as to provide a pension and retirement plan for city employees; to change the fee for qualifying as candidates for mayor and councilmen; and for other purposes.

SB 301. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the superior courts of the Mountain Judicial Circuit, so as to change the compensation of the court reporter; and for other purposes.

SB 302. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pembroke, so as to change the procedure for the adop tion of ordinances by the City of Pembroke; and for other purposes.

SB 306. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend Code Section 84-303, relating to qualifications of architects, so as to change the provisions relating to qualifications; and for other purposes.

SB 304. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to be entitled an Act to unify the governmental and corporate functions of the City Council of Augusta with the governmental and corporate functions of Richmond County; and for other purposes.

SB 307. By Senator Kidd of the 25th:
A Bill to be entitled an Act to incorporate the Town of Mclntyre, and to grant a new Charter to said Town; and for other purposes.

SB 77. By Senator Henderson of the 33rd:
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 material to minors; and for other purposes.

SR 112. By Senators Holley of the 22nd, Coggin of the 35th, Holloway of the 12th and others:
A Resolution creating the Joint Bank Holding Company Study Com mittee; and for other purposes.

2448

JOURNAL OF THE HOUSE,

SR 113. By Senators Zipperer of the 3rd, Carter of the 14th and Starr of the 44th:
A Resolution creating the Education Coordination Study Committee; and for other purposes.

SB 221. By Senators Smith of the 34th, Coggin of the 35th and Patton of the 40th:
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 said city, except under certain circumstances; and for other purposes.

SB 310. By Senator Smalley of the 28th:
A Bill to be entitled an Act to revise criminal procedure for change of venue in criminal trials; and for other purposes.

SB 311. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating the offices of the Chairman and Treasurer of the State Highway Board, so as to au thorize the Chairman of the State Highway Board or the Director of the State Highway Department to call meetings of committees of the Board established by Board policy; and for other purposes.

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 997. Do Pass.

Respectfully submitted,

Lee of the 21st,

Chairman.

Mr. Busbee of the 61st District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu-

MONDAY, MARCH 8, 1971

2449

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

SR 113. Do Pass.

Respectfully submitted,

Busbee of the 61st,

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 998. Do Pass, as Amended. HB 1001. Do Pass. HB 1022. Do Pass. HB 1023. Do Pass. HB 1024. Do Pass. HB 1025. Do Pass. HB 1026. Do Pass. HB 1027. Do Pass. HB 1029. Do Pass. HB 1030. Do Pass. HB 1031. Do Pass. HB 1032. Do Pass. HB 1033. Do Pass. HB 1034. Do Pass. HB 1035. Do Pass. HB 1036. Do Pass. HB 1038. Do Pass. HB 1039. Do Pass. HB 1042. Do Pass.
Respectfully submitted, Levitas of the 77th, Chairman.

2450

JOURNAL OP 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 requisite constitutional majority the following Bills of the House, to-wit:

HB 212. By Mr. Dailey of the 53rd:
A Bill to reincorporate the City of Arlington in the Counties of Calhoun and Early; and for other purposes.

HB 823. By Messrs. Lee, Northcutt, and Gary of the 21st:
A Bill to create a new charter for the City of Morrow in Clayton County; and for other purposes.

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

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 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.

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

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 Commis sioners of Newton County to license and regulate businesses in the un incorporated 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.

MONDAY, MARCH 8, 1971

2451

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

HB 819. By Mr. Lambert of the 25th:
A Bill to amend an Act known as the "Georgia Agricultural Commodi ties Promotion Act", and for other purposes.

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

SB 297. By Senator Starr of the 44th:
A Bill to amend an Act creating the Clayton County Water Authority, as amended, so as to remove the provision which provides that elected municipal officers shall be ineligible to serve as members of the Authority; and for other purposes.

SB 314. By Senator Starr of the 44th:
A Bill to amend an Act incorporating the Town of Forest Park, as amended, so as to change the corporate limits of said city; and for other purposes.

SB 315. By Senators Lester of the 23rd and Holley of the 22nd:
A Bill to amend an Act relating to the appointment of court reporters in certain counties, as amended, so as to change the compensation of such official court reporters; and for other purposes.

SB 322. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to amend an Act providing for the compensation of the judge of the Cobb County Juvenile Court, so as to change the compensation of said judge; to repeal conflicting laws; and for other purposes.

SB 323. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to amend an Act changing the superior court, the sheriff and ordinary of Cobb County from the fee system to the salary system, as amended, to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and the judge of the court of ordinary; and for other purposes.

SB 324. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges and the clerk of said court; and for other purposes.

2452

JOURNAL OF THE HOUSE,

SB 325. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the salary of the judges, district attorney and assistant district attorneys of the Cobb Judicial Circuit; and for other purposes.

SB 326. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of Tax Commissioner of Cobb County, as amended, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.

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

HB 148. By Messrs. Adams of the 100th, Smith of the 43rd, Levitas and Thomason of the 77th and others:
A Bill to amend an Act establishing a merit system of personnel ad ministration for State employees, so as to provide 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.

HB 662. By Mr. Lewis of the 37th:
A Bill to provide a new charter for the City of Waynesboro and for other purposes.

HB 700. By Messrs. Davis, Westlake, Granade and Ployd of the 75th, Levitas, Thomason and Farrar of the 77th and others:
A Bill 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 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 and others:
A Bill 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 wher ever it appears and inserting in lieu the figure 600,000; and for other purposes.

MONDAY, MARCH 8, 1971

2453

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 amend an Act to provide for a budget commission in certain counties, so as to strike the population requirements 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 and others:
A Bill to amend an Act providing for the creation of a joint countycity tax board in counties having a greater population of 300,000, so as to strike the population requirements of 300,000 wherever they ap pear and to insert the figure 600,000; and for other purposes.

HB 706. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Levitas, Thomason and Farrar of the 77th and others:
A Bill 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 and others:
A Bill 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 the 75th, Dean of the 76th, Jordan of the 74th:
A Bill to amend an Act so as to strike the population requirements of 300,000 and insert in lieu thereof the population requirement of 600,000; and for other purposes.

HB 711. By Messrs. Moyer and Nunn of the 41st, Brown, Bennett, Evans, Pinkston and Scarborough of the 81st and others:
A Bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to increase the compensation of the deputy sheriff; and for other purposes.

HB 771. By Messrs. Jessup and Tripp of the 49th:
A Bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to increase the compensation of the deputy sheriff; and for other purposes.

2454

JOURNAL OF THE HOUSE,

HB 789. By Messrs. Griffin and Conger of the 68th:
A Bill to increase the membership of the Board of Education of Decatur County by two members; and for other purposes.

HB 800. By Mr. Knowles of the 22nd:
A Bill to amend an Act creating a Board of Commissioners for Henry County, so as to change the purchasing procedures; and for other pur poses.

HB 802. By Mr. Carr of the 35th:
A Bill to amend an Act creating the office of tax commissioner of Washington County, so as to change the compensation of the full-time deputy 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 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 investment; and for other purposes.
HB 812. By Messrs. Tripp and Jessup of the 49th: A Bill to create a board of commissioners of Telfair County; and for other purposes.
HB 830. By Messrs. Kreeger, McDaniell, Howard, Housley, Atherton and Burruss of the 117th: A Bill to amend an Act creating the Cobb County-Marietta Water Au thority, so as to increase the limitation on the amount of bonds the Au thority 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 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.
HB 835. 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, so as to change the compensation of the Mayor and members of the Board of Aldermen; and for other purposes.

MONDAY, MARCH 8, 1971

2455

HB 842. By Messrs. Howard, Housley, Kreeger, Burruss and Wilson of the 117th:
A Bill 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.

HB 844. By Messrs. Matthews and Logan of the 16th:
A Bill to create the Athens-Clarke County Charter Commission and for other purposes.

HB 851. By Messrs. Black and Edwards of the 45th:
A Bill 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 859. By Messrs. Triplett of the 93rd, Alien of the 92nd, Blackshear of the 91st, Hill of the 94th and others:
A Bill 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 pur poses.

HB 860. By Messrs. Melton and Brown of the 32nd: A Bill 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 pro vide for an alternative method for receiving and collecting ad valorem taxes; and for other purposes.
HB 862. By Messrs. Griffin and Conger of the 68th: A Bill to amend an Act placing the Sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the chief deputy and other deputies; and for other purposes.
HB 865. By Messrs. Wilson, McDaniell, Howard, Kreeger, Atherton, Housley, and Burruss of the 117th: A Bill to amend an Act creating the Cobb Judicial 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 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.

2456

JOURNAL OP THE HOUSE,

HB 867. By Messrs. Lee, Odom and Busbee of the 61st:
A Bill 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 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 give the governing authority of Dougherty County the au thority to district Dougherty County, so as to provide water and sanitary sewerage services in such districts; and for other purposes.

HB 870. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to provide for a joint Board of Registrars for Dougherty County and the City of Albany and for other purposes.

HB 872. By Mr. Carter of the 64th: A Bill 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 829. By Messrs. Atherton, Wilson, Burruss, Howard, McDaniell, Housley and Kreeger of the 117th: A Bill to amend an Act amending, revising, consolidating and super seding 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.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 320. By Senators Henderson of the 33rd and Chapman of the 32nd: A Bill to create Metropolitan Airport Authorities in certain counties of this State; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 8, 1971

2457

SB 321. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to amend an Act creating a Board of Commissioners for Cobb County, as amended, so as to change the compensation of the chairman and the commissioners, to repeal conflicting laws; and for other pur poses.

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

HB 709. By Messrs. Davis, Granade and Westlake of the 75th, Noble and Bell of the 73rd, Farrar of the 77th and others:
A Bill to amend Section 91-8 of the Code pertaining to sale of public property, so as to provide for the sale of county property under cer tain conditions; 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 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 pur poses.

The Senate has agreed to the House amendment to the following Resolution of the Senate, to-wit:

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.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 219. By Messrs. Greer, Felton, Hawes, Cook and Horton of the 95th, Mrs. Hamilton of the 112th, and others:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers', 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.

2458

JOURNAL OF THE HOUSE,

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

HB 220. By Messrs. Greer, Felton, Hawes, Cook and Horton of the 95th and others: A Bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to authorize certain local governments to levy a retail sales and use tax under certain circumstances; and for other purposes.
HB 223. By Messrs. Levitas of the 77th, Lee of the 21st and Smith of the 43rd and others: A Bill 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.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 998. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Atherton and Howard of the 117th: A Bill to be entitled an Act to amend the charter of the City of Kennesaw in the County of Cobb; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 998 as follows:
By striking lines 31 and 32 on page 2, line 1 through 34 on page 3 and lines 1 and 2 of page 4 in their entirety and inserting in lieu thereof the following:
"(a) Parcel 1. All that tract or parcel of land lying and being in Land Lots 206, 207, 175, 176, and 167, 20th District, 2nd Sec tion, Cobb County, Georgia, and being more particularly described as follows:
Beginning at an iron pin in Land Lot 206, at the intersection of the northeast side of Old U.S. Highway No. 41 with the south east side of the approach area of U.S. Highway No. 41, known as the "Four Lane Highway"; thence north 62 degrees 39 minutes

MONDAY, MARCH 8, 1971

2459

east along the south side approach area 123.5 feet to an iron pin on the southwest side of said Four Lane Highway; thence south east along the southwest side of said Four Lane Highway and fol lowing the curvature thereof a distance of 300 feet (the chord of said curve having a bearing of South 68 degrees, 21 minutes east) and the point of beginning; from the point of beginning thus es tablished thence northwesterly along the southwesterly side of said Four Lane Highway to the intersection of Kennesaw-Due West Road, which is at the present city limits of Kennesaw, Georgia; thence northeast across said Four Lane Highway 200 feet to the northeasterly side of said Four Lane Highway; thence southeast erly along the northeasterly side of said Four Lane Highway to a point that is north 26 degrees 55 minutes east across the said Four Lane Highway 200 feet from the point of beginning; thence continuing southeasterly along the northeast side of said Four Lane Highway and following the curvature thereof 337.34 feet to a point; thence continuing along the northeast side of said Four Lane Highway south 74 degrees 20 minutes east 818.5 feet to a point; thence south 10 degrees 40 minutes west across said High way 835.5 feet to an iron pin at a fence line; thence south 89 de grees 22 minutes west and along said fence line 1134.1 feet to an iron pin on the northeast side of Old Highway No. 41; thence north 13 degrees 08 minutes west along the northeast side of Old Highway No. 41, a distance of 57.6 feet to a right-of-way marker; thence north 14 degrees 03 minutes west continuing along the northeast side of Old Highway No. 41, a distance of 691 feet to a right-ofway marker; thence north 75 degrees 57 minutes east 10 feet to a right-of-way marker; thence north 75 degrees 57 minutes east 230.00 feet to an iron pin; thence north 26 degrees 55 minutes east 203.93 feet to an iron pin at the southwest side of the Four Lane Highway and the point of beginning."
By striking from line 7 of page 7 the following:
"May".

By striking the comma after the words: "of the council",
on line 29 of page 15 and inserting in lieu thereof the following:

By adding after the words: "adjudged incompetent",
on line 28 of page 16 the following:
.>**
By striking lines 30, 31 and 32 of page 16 in their entirety.
By striking from line 8 of page 32 the following: "impartiality",

2460

JOURNAL OF THE HOUSE,

and by inserting in lieu thereof the following: "partiality".

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 936. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, as amended, so as to change the term of court for Habersham 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 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.
The report 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 1022. By Mr. Phillips of the 38th: A Bill to be entitled an Act to amend an Act creating and incorporating the City of Shiloh, so as to change the corporate limits of said city; and for other purposes.

MONDAY, MARCH 8, 1971

2461.

The report 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 1023. By Mr. Jones of the 4th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the Superior Court of Gilmer County, known as the fee system; to provide in lieu thereof an annual salary; 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.

TfB 1024. By Mr. Jones of the 4th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Gil mer County upon an annual salary, as amended, so as to change the compensation of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, -was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1025. By Messrs. Lowrey, Toles and Adams of the 9th: A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, as amended, so as to provide that the election of members for the Board of Education be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other pur poses.

2462

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 1026. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act establishing the Bacon County-City of Alma Joint Planning Commission, so as to change the composition of the planning commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill,, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1027. By Mr. McDonald of the 15th: A Bill to be entitled an Act to amend an Act establishing the City Court of Jefferson, as amended, so as to change the provisions relative to the salary 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 1029. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the county of Dodge, as amended, so as to change the compensation allowable for the additional deputy sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, MARCH 8, 1971

2463

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1030. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Dodge County, as amended, so as to change the allowable compensation of the Clerk of the Com missioner; and for other purposes.

The report 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 1031. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Dodge County, from the fee and salary system to the salary system exclusively, so as to change the compensation allow able to the Clerk 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1032. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Dodge County, as amended, so as to change the allow able compensation of the Clerk and 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.

2464

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 1033. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Taylor County on a salary basis in lieu of a fee basis of compensation,, as amended, so as to change the compensation of the sheriff and 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 115, nays 0.

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

HB 1034. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Taylor 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 1035. By Messrs. Edwards and Black of the 45th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner, 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.

MONDAY, MARCH 8, 1971

2465

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1036. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system; to provide in lieu thereof an annual salary; ad for other purposes.

The report 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 1038. By Mr. Dean of the 13th: A Bill to be entitled an Act to establish a special taxing district com prising all the area within Pinkneyville General Militia District No. 406 to be known as the Gwinnett County Recreation District No. 1; and for other purposes.
The report 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 1042. By Mr. Dean of the 13th: A Bill to be entitled an Act to create and establish an Airport Authority for Gwinnett County, and to authorize such Authority to acquire and maintain all such facilities, including real property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2466

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1039. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, as amended, so as to delete therefrom the provision relative to the duties of the judge of said circuit as judge of the juvenile court of Gwinnett 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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 297. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act creating the Clayton County Water Authority, so as to remove the provision which provides that elected municipal officers shall be ineligible to serve as members of the Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 314. By Senator Starr of the 44th: 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.
SB 315. By Senators Lester of the 23rd and Holley of the 22nd: A Bill to be entitled an Act to amend an Act relating to the appointment

MONDAY, MARCH 8, 1971

246?

of court reporters in certain counties, so as to change the compensation of such official court reporters; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 318. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to add one additional judge of the superior court of the Cobb Judicial Circuit of Georgia; and for other purposes.
Referred to the Committee on Judiciary.

SB 320. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to create Metropolitan Airport Authorities in certain counties of this State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 321. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners for Cobb County, so as to change the compensation of the chairman and the commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 322. By Senators Henderson of the 33rd and Chapman of the 32nd:
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, so as to change the compensation of said judge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 323. By Senators Henderson of the 33rd and Chapman of the 32nd:
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 the judge of the court of ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

2468

JOURNAL OF THE HOUSE,

SB 324. By Senators Henderson of the 33rd and Chapman of the 32nd:

A Bill to be entitled an Act to amend an Act creating the State Court



of Cobb County, so as to change the compensation of the judges and

the clerk of said court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 325. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the salary of the judges, district attorney and assistant district attorneys of the Cobb Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
SB 326. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of Tax Commissioner of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
Mr. Coney of the 118th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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.
The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to HB 270.
Mr. Levitas of the 77th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
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.

MONDAY, MARCH 8, 1971

2469

The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to HB 20.

Mr. Gignilliat of the 89th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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.

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. Barfield Battle Bennett, J. T. Bennett, Tom Berry Blackshear Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, S. P. Buck Busbee Carter Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Dean, Gib Dean, N. Dent Drury Edwards Evans Felton Fraser Gaynor Gignilliat Grahl

Grantham Greer Griffin Hadaway Harris Harrison Hays Hill, B. L. Horton Housley Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R.
King Knight Knowles Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan
Marcus Mason Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Milford

Miller Moyer Mulherin Mullinax Murphy Nunn Odom Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Roach Rush Russell, A. B.
Sherman Sims Snow Sorrells Strickland Toles Tripp
Wamble Ware Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

2470

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Alexander, W. M. Brown, C. Clements Cole Granade Ham

Hawes Kreeger Lewis Longino Matthews, C. Miles

Northcutt Savage Scarborough Stephens Turner

Those not voting were Messrs.:

Alien Atherton Bell Black Bohannon Brantley, H. H. Bray Burruss Carr Chance Chandler Chappell Cheeks Collier Collins, M. Collins, S. Colwell Dailey Davis, E. T. Davis, W. Dean, J. E. Dixon Dorminy Egan

Ezzard Farrar Floyd, J. H. Floyd, L. R. Gary Geisinger Gunter Hamilton Harrington Hill, G. Hood Howard Howell Jones, Herb Jordan Keyton Lane, W. J. Larsen, W. W. Leggett Lowrey McDaniell Merritt Moore Morgan

Nessmith Noble Oxford Patterson Phillips, L. L. Pickard Reaves Ross Russell, H. P. Russell, W. B. Salem Shanahan Shepherd Smith, H. R. Smith, J. R. Smith, V. T. Sweat Thomason Thompson Townsend Triplett Vaughn Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 106, nays 17.

The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to HB 137.

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

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, as amended, so as to provide that inmate trainees enrolled in vocational training programs shall be authorized to repair privately owned vehicles and other equipment under certain circumstances; and for other purposes.

MONDAY, MARCH 8, 1971

2471

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

On the passage of the Bill, the ayes were 103, nays 0.

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

SB 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 meanings to the meanings such terms have in the U. S. Internal Revenue Code of 1954 in force and effect on Jan. 1, 1971; and for other purposes.

The report 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.
SB 205. By Senators Stephens of the 36th, Cleland of the 55th, Smith of the 34th and Ballard of the 45th: 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, 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 Georgia War Veterans Home and the Georgia War Veterans Nursing Home; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 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.

2472

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 104, nays 0.

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

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.
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. Atherton Battle Bell Bennett, Tom Berry Bohannon Bostick Bowen Bray Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Coffins, M. Coney, G. D.

Coney, J. L. Conger Connell Cook Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Parrar Felton Fraser Gary Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton Harris Hawes Hays

Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowlep Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett

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

MONDAY, MARCH 8, 1971

2473

Murphy Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough

Shepherd
Sherman Sims Smith, H. R. Smith, J. R. Sorrells Stephens Strickland Sweat Thompson Toles Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Adams, G. D. Alexander, W. H. Alien Barfield Bennett, J. T. Black Blackshear Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Chappell Collier Collins, S. Colwell Dailey

Daugherty Davis, E. T. Dean, J. E. Dorminy Edwards Egan Evans
Ezzard Floyd, J. H. Floyd, L. R. Gaynor Geisinger Grahl Hadaway Harrington Harrison Hill, B. L.

Howell Jones, Herb Larsen, W. W. Levitas Nessmith Oxford Phillips, G. S. Phillips, L. L. Pickard Pinkston Shanahan Smith, V. T. Snow Thomason Townsend Triplett Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 0.

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

Mr. Harrison of the 58th stated that he had been called from the floor of the "Haoyues"e. when the roll was called on SB 257, and wished to be recorded as voting

2474

JOURNAL OF THE HOUSE,

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, as amended, so as to change the minimum and the maximum amounts allowable for court bailiffs; and for other purposes.

The report 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 2.

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

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 floor during the regular selling season; 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. M. Alien Atherton Barfield Battle Bell
Bennett, J. T. Bennett, Tom Bohannon Brantley, H. H. Bray Brown, C. Brown, S. P.

Burruss Busbee Chandler
Cheeks Clements Cole Collier Collins, M. Colwell
Coney, G. D. Conger Connell Davis, E. T. Davis, W. Dent Dixon

Dorminy Drury Edwards
Egan Evans Farrar Felton Floyd, J. H. Fraser
Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin

Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard 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. Leggett Lewis

MONDAY, MARCH 8, 1971

2475

Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, W. R. Pinkston Poole Potts Rainey

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

Voting in the negative were Messrs. Collins, S. and Floyd, L. R.

Those not voting were Messrs.:

Alexander, W. H. Berry Black Blackshear Bond Bostick Bowen Brantley, H. L. Brown, B. D. Buck Carr Carter Chance Chappell Coney, J. L. Cook

Dailey Daugherty Dean, Gib Dean, J. E. Dean, N. Ezzard Gary
Greer Hamilton Hood Howell Isenberg Johnson Larsen, W. W. Levitas Mason

McCracken Murphy Nessmith Odom Phillips, G. S. Phillips, L. L. Pickard Russell, A. B. Shepherd Smith, V. T.
Snow Thomason Townsend Wheeler, J. A. Mr. Speaker

2476

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 146, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

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 ade quate 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.

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 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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 buyer; 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 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, MARCH 8, 1971

2477

On the adoption of the Resolution, the ayes were 102, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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 mem bers of said board, so as to change the fee to be paid by applicants for examination; and for other purposes.

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

On the passage of the Bill, the ayes were 101, nays 0.

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

SB 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
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 Ga. Code relating to pharmacists, etc., as amended, 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.

2478

JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted:

The Committee on Health & Ecology moves to amend SB 65 as follows:

By striking the last sentence of Section 1, and by inserting in lieu thereof the following:

"Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, and such person would have qualified for the condi tional discharge provided for herein but for the fact that the judge chose not to avail himself of the authority granted by this Section or that the person violated the conditions imposed by the court, shall be punished by imprisonment for a period not to exceed one year or a fine not to exceed $1,000, or both."

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 Bell
Bennett, Tom Berry Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss
Busbee Carr Chance Chandler Clements Cole

Collier Collins, M. Collins, S. Colwell
Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent
Egan Farrar Felton Floyd, L. R. Fraser Gary Geisinger Grahl Granade Grantham Greer

Griffin Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L.
Hood Horton
Howard Howell
Hudson, Ted Hutchinson Isenberg
Jessup Johnson
Jones, J. R. Keyton King Knight Lambert
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 McDonald Melton Merritt Milford Miller Morgan Moyer Mulherin Mullinax

MONDAY, MARCH 8, 1971

2479

Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L. Poole Potts Rainey Roach Ross Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan

Shepherd Sherman Sims Smith, H. R. Smith, V. T. Stephens Strickland Thomason Thompson Toles Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Williams Wilson Wood

Those voting in the negative were Messrs.:

Chappell Hill, G. Jordan

Lane, W. J. Moore Phillips, W. R.

Westiake

Those not voting were Messrs.:

Adams, G. D. Barfield Battle Bennett, J. T. Black Bond Buck Carter Cheeks Coney, G. D. Dailey Dixon Dorminy Drury Edwards Evans

Ezzard Floyd, J. H. Gaynor Gignilliat Gunter Hamilton Housley Hudson, C. M. Jones, Herb Knowles Kreeger Lane, Dick Larsen, W. W. McDaniell Miles Patten

Phillips, G. S. Pickard Pinkston Reaves Rush Russell, H. P. Smith, J. R. Snow Sorrells Sweat Townsend Triplett Wheeler, J. A. Whitmire Mr. Speaker

On the passage of the Bill, as amended, the ayes were 141, nays 7.

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

2480

JOURNAL OF THE HOUSE,

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.

The following Committee amendment was read and adopted:
The Committee on Insurance moves to amend SB 34 as follows:
By inserting at the end of Line 2 of Page 2 the following sentence:
"The plan and recommendations of the Supervisor of Pur chases shall contain a section devoted exclusively to school build ings that are a part of the primary and secondary education system of Georgia."

The following substitute, offered by Messrs. Shanahan of the 8th, Sherman of the 80th and Lee of the 61st, was read:
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, approved March 23, 1960 (Ga. Laws 1960, p. 1160), so as to authorize the Supervisor of Purchases to formulate a plan of self-insurance for public school buildings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act authorizing a self-insurance program for all of the State's insurable property, approved March 23, 1960 (Ga. Laws 1960, p. 1160), is hereby amended by adding a new Section between Sections 2 and 3, to be designated Section 2A, to read as follows:
"Section 2A. The Supervisor of Purchases is hereby authorized and directed to formulate a plan of self-insurance for all public school buildings located within the State of Georgia. He shall use the data and experience which his office has accumulated under the self-insurance program for property belonging to the State of Georgia to prepare such plan. The same standards utilized by the Supervisor of Purchases for insuring State property shall be ap plied to any self-insurance program established to insure public school buildings. The Supervisor of Purchases shall report to the General Assembly his recommendations for such a plan on or before January 1, 1972."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, MARCH 8, 1971

2481

The following amendment to the Shanahan, Sherman and Lee substitute was read and adopted:

Mr. Sherman of the 80th moves to amend the Shanahan, Sherman and Lee substitute to SB 34 as follows:

By inserting a new Section 2 immediately following Section 1 of said Bill, to read as follows:

"Section 2. The study hereinabove authorized to be made by the Supervisor of Purchases shall not be implemented and effectu ated until the same shall have been submitted to the General Assem bly in 1972 and enacted into law."

and by renumbering Section 2 of said Bill as Section 3.

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. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom
Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. 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, Gib Dean, N. Dent Dixon

Dorminy Drury Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary
Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Ham Hamilton Harrington Harris Harrison

2482

JOURNAL OP THE HOUSE,

Hawes Hays Hill, B. L. Hill, G. Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. E. Jordan Keyton King Knight Knowles 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 McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. E. Pinkston Poole Potts

Eainey Eeaves Boss Eush Eussell, 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 Thomason Thompson Toles Towns end Tripp Turner Westlake Wheeler, Bobby Williams Wilson

Those voting in the negative were Messrs.:

Griffin Howard Kreeger McDaniell

Mullinax Eoach Stephens Ware

Whitmire Wood

Those not voting were Messrs.:

Alexander, W. M. Battle Bond Brown, S. P. Chance Colwell Dailey Dean, J. E.

Edwards Ezzard Gaynor Hood Jones, Herb Lambert Murphy Pickard

Scarborough Triplett Vaughn Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 10.

MONDAY, MARCH 8, 1971

2483

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

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.

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 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, J. L. Conger Connell Cook Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans
Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat 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, 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

2484
McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce

JOURNAL OF THE HOUSE,

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, V. T. Snow Sorrells Stephens Strickland Sweat Thompson Toles Town send
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.:

Adams, Marvin Colwell Dailey Dean, J. E. Ezzard Floyd, J. H. Fraser

Granade Greer Gunter Longino McCracken Moore Peters

Phillips, G. S. Savage Smith, J. R. Thomason Triplett Mr. Speaker

On the adoption of the Resolution, the ayes were 174, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Jones of the 4th stated that he had inadvertently voted "aye" but in tended to vote "nay" on the passage of SR 77.

SB 96. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act known as the Retail In stallment and Home Solicitation Sales Act, as amended, so as to provide that the buyer shall have the right to cancel a home solicitation sale

MONDAY, MARCH 8, 1971

2485

agreement until midnight of the third business day following the day on which the buyer signs the agreement; and for other purposes.

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. 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, N. Dent Dixon Dorminy Drury
Edwards Egan Felton Floyd, L. R.
Gaynor Geisinger Gignilliat 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, J. R. Jordan, H. S. Keyton King Knight Knowles Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey
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

2486
Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross

JOURNAL OP THE HOUSE,

Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells
Stephens

Strickland Sweat Thompson Toles Townsend Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson

Those not voting were Messrs.:

Adams, Marvin Chance Dailey Dean, J. E. Evans Ezzard Farrar Floyd, J. H. Fraser Gary Grahl

Granade Jones, Herb Lambert Lane, W. J. Levitas Longino Marcus McDonald Phillips, W. R. Pickard Russell, W. B.

Shepherd Smith, V. T. Thomason Triplet* Tripp Turner Ware 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.

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, as amended, so as to authorize the Authority to provide for security 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 roll call was ordered and the vote was as follows:

MONDAY, MARCH 8, 1971

2487

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. Bray Brown, B. D. Brown, C. Brown, S. P. 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, N. Dent Dixon
Dorminy
Drury
Edwards
Egan
Farrar
Felton
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 Hudson, C. M. Hudson, Ted Hutchinson 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 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. Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Sweat Thompson Toles Townsend
Tripp
Turner
Vaughn
Wamble
Westlake
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

2488

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Buck Coney, G. D.

Dean, Gib Evans

Hood

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bowen Carter Coiling, M. Dailey Dean, J. E. Ezzard Floyd, J. H. Hayes

Howell Isenberg Johnson Jones, Herb Jones, J. R. Mason Phillips, W. R. Pickard Pinkston Russell, A. B. Russell, W. B.

Shepherd Smith, J. R.
Snow Strickland Thomason Triplett Ware Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 5.

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

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 highways in this State, so as to provide that any vehicle which has transported loads of matter, may after depositing said load, return to its point of origin; and for other purposes.

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
Battle Bennett, J. T. Berry

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 Cook Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards
Egan Evans Farrar Felton Fraser Gary Geisinger Gignilliat Granade Grantham
Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison
Hawes Hays Hill, G. Hood Horton

MONDAY, MARCH 8, 1971

2489

Housley Howard Howell 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, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax

Murphy Northcutt Nunn Odom
Oxford Patterson Patten
Pearce Peters Phillips, L. L. 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. Sorrells Strickland
Sweat 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. M.

Bennett, Tom

Conger

Those not voting were Messrs.:

Atherton Barfield Bell Black

Blackshear Dailey Dean, J. E. Dorminy

Ezzard Floyd, J. H. Floyd, L. R. Gaynor

2490
Grahl Hamilton Hill, B. L. Hudson, C. M. Jones, Herb Matthews, C. McCracken Nessmith

JOURNAL OF THE HOUSE,

Noble Phillips, G. S. Phillips, W. R. Pickard Rainey
Smith, J. R. Smith, V. T. Snow

Stephens Thomason Thompson
Townsend Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 3.

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

Mr. Busbee of the 61st served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 139.

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.

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

On the passage of the Bill, the ayes were 114, nays 20.

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

Mr. Levitas of the 77th requested that he be shown as voting "nay" on the passage of SB 197.

The following Resolution of the House was read and adopted:

HR 389. By Mr. Busbee of the 61st:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the Senate concurring, that the General Assembly do adjourn sine die on Friday, March 12, at 5:00 o'clock p.m.

MONDAY, MARCH 8, 1971

2491

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments and substitute thereto:

HB 223. By Messrs. Levitas of the 77th, Lee of the 21st, Smith of the 43rd 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.

The following Senate amendment was read:
Senators Ballard of the 45th and Broun of the 46th move to amend HB 223 by adding in Section 2 of said Act, at the end of new sub-section (i) (2), the following:
"Provided that no sum shall be paid for such privately owned system of transportation in excess of the fair market value thereof determined by a minimum of two appraisers and approved by a majority of the local governments participating in the financing of such purchase."

Mr. Levitas 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:

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 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. Collins, S. Coney, G. D.

Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, N. Dent
Dixon Dorminy Edwards
Egan Evans
Ezzard Farrar Felton

2492
Ployd, J. H. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger

JOURNAL OF THE HOUSE,

Lambert Lane, Dick 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 Noble Northcutt Nunn Odom Oxford 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, J. R. Smith, V. T. Stephens Sweat Thomason Thompson Toles Tripp Turner
Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Greer

Those not voting were Messrs.:

Barfield Bennett, J. T. Bohannon
Bowen Carr
Chappell Colwell Dailey
Dean, Gib Dean, J. E. Drury

Floyd, L. R. Gaynor Hudson, C. M.
Jones, Herb Lane, W. J. Larsen, W. W. Mason Nessmith Patterson Patten Pickard

On the motion, the ayes were 162, nays 1.

Rush Snow Sorrells Strickland Townsend Triplett Vaughn
Ware Wheeler, Bobby
Mr. Speaker

MONDAY, MARCH 8, 1971

2493

The motion prevailed and the Senate amendment to HB 223 was agreed to.

Mr. Greer of the 95th stated that he had inadvertently voted "nay" on the motion to agree to the Senate amendment to HB 223, and had intended to vote "aye".

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 of this State, so as to provide for the isssuance of special permits for the movement of modular homes, sectional houses and portable buildings over the highways; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Highways moves to amend HB 618 as follows:
1. By adding in the caption on page 1 of said Bill in line 14 after the words "highways of this State;" and before the words "to provide for annual permits" the following:
"to provide for annual permits for vehicles transporting portable buildings; to provide fees therefor;"
2. By adding a comma after the word "buildings" on line 9, page 4; by deleting the word "and" on line 9, page 4; and by adding after the word "boats" on line 9, page 4, the following:
"and vehicles delivering the foregoing and returning from delivery destination to point of origin".

Mr. Vaughn of the 74th moved that the House disagree to the Senate amendiment.
The motion prevailed and the Senate amendment to HB 618 was disagreed to.

HB 219. By Messrs. Greer, Felton, Hawes, Cook and Horton of the 95th:
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 pur poses in certain counties and cities; and for other purposes.

2494

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL

To be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended; to provide for the levy of a local option sales and use tax for rapid transit purposes in certain counties and cities; 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 "Georgia Retailers' and Consum ers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by striking the word "No" at the beginning of Section 25 thereof, and by adding in lieu thereof the following language:
"Except as the General Assembly may authorize counties and municipalities to raise funds for rapid transit system, no",
so that Section 25, when so amended shall read as follows:

"Section 25. Political subdivisions prohibited from imposing sales or use taxes; exception. Except as the General Assembly may authorize counties and municipalities to raise funds for rapid transit systems, no county, municipality, school district or political sub division of the State shall impose, levy, or collect a gross receipts, sales or use tax, or tax on amusement admission or services in cluded in this Chapter: Provided, however that the provisions of this section shall not be construed to apply to a fixed license, occu pational or franchise tax based on gross receipts or on a gross re ceipts basis: and Provided, further, that no county or municipality shall be prohibited from levying or collecting an excise tax on malt beverages and/or wine, or upon spirituous liquors."

Section 2. The provisions of this Act shall become effective July 1, 1971.

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

Mr. Greer of the 95th moved that the House agree to the Senate substitute.

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

MONDAY, MARCH 8, 1971

2495

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle 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. 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, N.
Dent
Dixon
Dorminy
Edwards
Egan
Evans
Ezzard
Farrar
Fraser
Gary

Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington 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
Matthews, C.
Matthews, D. R.

Mauldin Maxwell McCracken McDaniell 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, H. P.
Salem
Savage
Scarborough
Shanahan
Shepherd
Sherman
Sims
Smith, H. R.
Smith, J. R.
Smith, V. T.
Snow
Sorrells
Stephens
Sweat
Thomason

2496
Thompson Toles Townsend Tripp Turner

JOURNAL OF THE HOUSE,

Vaughn Wamble Ware Westlake
Wheeler, J. A.

Whitmire Wilson Wood

Those voting in the negative were Messrs.:

Blackshear Bray

Russell, W. B.

Those not voting were Messrs.:

Barfield Bell Buck Collier
Colwell Dailey Dean, Gib Dean, J. E.

Drury Felton Floyd, J. H. Floyd, L. R.
Granade Harris Mason McDonald

Williams
Milford Russell, A. B. Strickland Triplet* Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 169, nays 4. The motion prevailed and the Senate substitute to HB 219 was agreed to.

Mr. Blackshear of the 91st stated that he had inadvertently voted "nay" but intended to vote aye on the motion to agree to the Senate amendment on HB 219.

HB 220. By Messrs. Greer, Felton, Hawes, Cook and Horton of the 95th and others:
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 Senate amendments were read:
The Senate Committee on Banking and Finance offers the follow ing amendment:
Amend HB 220 by striking the first sentence of Subsection (b) of Section 1 and substituting in lieu thereof the following:
"(b) Rate of Tax. The tax when levied shall be at the rate of one (1%) per cent for the first ten years following the effective date of the tax and shall thereafter be reduced to one-half (% %) of one per cent."

MONDAY, MARCH 8, 1971

2497

The Senate Committee on Banking and Finance offers the following amendment:

Amend HB 220 by striking from Subsection (a) of Section 1 the following sentence:

"No use tax shall be imposed on tangible personal property 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 Senate Committee on Banking and Finance offers the following amendment:

Amend HB 220 by adding at the end of subsection (i) of Section 1 the following:

"provided, however, that commencing with January 1 of the eleventh full year after the effective date of the tax and for every year thereafter, the proceeds of the tax shall not be used to subsi dize operations of the transportation system to an extent greater than fifty (50%) percent of the operating costs of the system, ex clusive of depreciation and amortization. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Au thority shall be authorized to reply upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust future fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years."

Mr. Greer of the 95th 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 Alexander, W. H. Alexander, W. M. Alien 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

2498
Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Fraser
Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg

JOURNAL OF THE HOUSE,

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

Those not voting were Messrs. :

Adams, Marvin Atherton Barfield Bostick

Bowen Colwell Dailey Davis, E. T.

Dean, Gib Drury
Floyd, J. H. Floyd, L. R.

Geisinger Hadaway Hill, B. L.

MONDAY, MARCH 8, 1971

2499

McDonald Strickland Triplet*

Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 175, nays 0.

The motion prevailed and the Senate amendments to HB 220 were agreed to.
HR 242-752. By Messrs. Atherton, Burruss, Howard, McDaniell, Kreeger, Housley and Wilson of the 117th: A Resolution proposing an amendment to the Constitution as to autho rize 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.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HR 242-752 on page 2, line 6 and line 7 by striking the words "without a referendum".
Mr. Atherton of the 117th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 140, nays 0.
The motion prevailed and the Senate amendment to HR 242-752 was agreed to.
HR 142-425. By Mr. Morgan of the 23rd: A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unincorpo rated areas of Newton County and collect excise taxes in connection with any activity at any racetrack in any area of Newton County; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HR 142-425 as follows:

2500

JOURNAL OP THE HOUSE,

By striking from line 6 of page 1 the following: "activity at any racetrack in any",

and by inserting in lieu thereof the following: "amusement or sporting activity in any unincorporated",

and By striking from lines 22 and 23 of page 1 the following: "activity at any racetrack in any",

and by inserting in lieu thereof the following: "amusement or sporting activity in any unincorporated",

and By striking from lines 23 and 24 of page 2 the following: "activity at any racetrack in any",

and by inserting in lieu thereof the following: "amusement or sporting activity in any unincorporated".

Mr. Morgan of the 23rd moved that the House agree to the Senate amend ment.

On the motion, the ayes were 140, nays 0.
The motion prevailed and the Senate amendment to HR 142-425 was agreed to.
HB 451. By Messrs. Noble of the 73rd, Marcus of the 105th, Parrar of the 77th, Hawes of the 95th and others: A Bill to be entitled an Act to amend Code Section 92-3409, 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.
The following Senate amendment was read:
The Senate Committee on Banking and Finance moves to amend HB 451 by adding the words "or tutoring" immediately after the word "school" on line 26.

MONDAY, MARCH 8, 1971

2501

Mr. Noble 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 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. 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 Farrar Felton Floyd, J. H. Fraser
Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison
Hays Hill, B. L. 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 Longino Lowrey Marcus Mason 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. Pinkston Poole Potts Reaves Roach Ross

2502
Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R.

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Toles Townsend Triplett Tripp Turner

Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Black Blackshear Dailey Dean, J. E. Dorminy Drury Ezzard Ployd, L. R. Grahl

Hawes Hill, G. Hudson, C. M. Logan Matthews, C. Phillips, W. R. Pickard Rainey Rush

Russell, W. B. Snow Strickland Thomason Thompson Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 170, nays 0.

The motion prevailed and the Senate amendment to HB 451 was agreed to.

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 Gen eral Assembly who elected not to become a member of the System to elect to become such member; and for other purposes.

The following Senate amendment was read:
Senator Coverdell of the 56th moves to amend HB 179 by striking the figure "4%" on page 2, line 1 and inserting in lieu thereof the fol lowing :
"4%% per annum".

Mr. Buck of the 84th moved that the House agree to the Senate amendment.

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

MONDAY, MARCH 8, 1971

2503

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bennett, J. T. Bennett, Tom Berry 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, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary

Gaynor Geisinger Grantham Griffin Hadaway Ham Harrington Harris Harrison 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 Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald

Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L .L.
Pickard Poole Potts Reaves Roach Ross Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrrells Stephens Sweat
Thompson Toles Triplett Turner Wamble Wheeler, J. A Whitmire Williams Wilson Wood

Voting in the negative was Mr. Levitas.

2504

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Battle Bell Black Blackshear Carr Collins, M. Cook Dailey Davis, W. Dean, J. E. Dorminy Drury Egan

Ezzard Gignilliat Grahl Granade Greer Gunter Hamilton Hawes Lane, W. J. Merritt Moore Noble Phillips, W. R. Pinkston

Rainey Rush Russell, W. B. Snow Strickland Thomason Townsend Tripp Vaughn Ware Westlake Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 153, nays 1.

The motion prevailed and the Senate amendment to HB 179 was agreed to.
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 following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 823 as follows:
By adding at the end of Section 2.05 the following:
"The Mayor shall, before entering upon the discharge of his duties, give good and sufficient bond in an amount to be decided by the Mayor and Council, but not less than five thousand dollars ($5,000.00), said bond payable to the City of Morrow for the faith ful performance of his duties and to secure against corruption, mal feasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do busi ness in the State of Georgia and approved by the Mayor and Coun cil, and the premium thereon shall be paid by the City."
By striking from the last paragraph of Section 3.04 the words, symbols and figure "ten thousand dollars ($10,000.00)", and inserting in lieu thereof the words, symbols and figure "twenty thousand dollars ($20,000.00)".
Mr. Northcutt of the 21st moved that the House agree to the Senate amend ment.

MONDAY, MARCH 8, 1971

2505

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 823 was agreed to.

The following Resolutions of the House were read and adopted:
HR 390. By Messrs. Johnson and Phillips of the 29th:
A RESOLUTION
Commending all those people responsible for the renovation and modernization of the courthouse of McDuffie County; and for other purposes.
WHEREAS, McDuffie County's courthouse is now beautiful and modern, and has been redesigned for the efficient administration of justice; and
WHEREAS, it is only fitting and proper that those persons re sponsible for this worthwhile change in the appearance of the court house of McDuffie County be recognized and applauded.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and congratu lates J. Robert (Bob) Fair, Chairman of the McDuffie County Com mission, and Johnny C. Brooks and Forrest W. Prather, members of the McDuffie County Commission, for their inspiration and implementa tion of the renovation of the courthouse of McDuffie County.
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to J. Robert (Bob) Farr, Johnny C. Brooks and Forrest W. Prather.
HR 391. By Messrs. Johnson and Phillips of the 29th:
A RESOLUTION
Commending the Martinez Volunteer Fire Department of Martinez, Georgia; and for other purposes.
WHEREAS, the Martinez Volunteer Fire Department came into being on the sixteenth day of November, 1959, because of the untiring and dedicated efforts of Chief Hartwell Morris, Asssistant Chief Burl Keen and many other outstanding citizens of Columbia County; and
WHEREAS, because of the services of the Martinez Volunteer Fire Department, property owners have been able to obtain fire insurance at

2506

JOURNAL OF THE HOUSE,

greatly reduced rates; and

WHEREAS, in addition to facing danger and deprivation in pro tecting property from fire and the ravages thereof, the men of the Martinez Volunteer Fire Department have provided the residents of the City of Martinez with a feeling of security which was not in exist ence prior to the creation of the said volunteer fire department and would never again be present if the said volunteer fire department were to be abolished.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Martinez Volunteer Fire Department for its most worthwhile activities.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Chief Hartwell Morris and Assistant Chief Burl Keen of the Martinez Volunteer Fire Department, Martinez, Georgia.

The Speaker announced the House recessed until 1:30 P.M. AFTERNOON SESSION
The Speaker called the House to order.

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

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, as amended, so as to provide an addi tional 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.

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

Berry Black Bohannon Bond

Bos tick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Carr Carter Chance Chandler Chappell Clements Cole Collier Collins, M. Collins, S. Colwell Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Farrar Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham

MONDAY, MARCH 8, 1971

2507

Greer Griffin Gunter Hadaway Hamilton Harrington Harrison Hays Hill, B. L. Hill, G. Horton Hudson, C. M. Hudson, Ted Hutchinson Jessup Jones, Herb Jones, J. R. Keyton King Knowles Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S.
Levitas Lewis Lowrey Marcus Mason Mauldin McDaniell McDonald Melton Milford Miller Moore Morgan

Moyer Mulherin Nessmith Noble Odom Patterson Patten Peters Phillips, L. L. Phillips, W. R. Pickard Poole
Potts Rainey Reaves Roach Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sims Smith, V. T.
Snow Stephens Strickland
Sweat Toles Townsend Tripp Turner Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.:

Bennett, Tom Brown, S. P.

Coney, G. D. Evans

Northcutt Scarborough

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T. Blackshear
Bray Burruss Cheeks
Coney, J. L.

Cook Dailey Drury Ezzard Felton Floyd, J. H. Gary Gaynor

Granade Ham Harris Hawes Hood Housley Howard Howell

2508
Isenberg Johnson Jordan Knight Kreeger Lee, W. J. (Bill) Leggett Logan Longino Matthews, C. Matthews, D. R. Maxwell

JOURNAL OF THE HOUSE,

McCracken Merritt Miles Mullinax Murphy Nunn Oxford Pearce Phillips, G. S. Pinkston Ross Russell, A. B.

Sherman Smith, H. R. Smith, J. R. Sorrells Thomason Thompson Triplett Vaughn Wamble Ware Wilson Mr. Speaker

On the passage of the Bill, the ayes were 129, nays 6.

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

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, as amended, so as to provide a limitation on the liability and the length of service of guardians ad litem; and for other purposes.

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 Battle Bell Bennett, J. T. Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, S. P. Burruss 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, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser

Geisinger Gignilliat Grahl Granade Grantham Greer 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 Jones, J. R. Keyton King Knight Knowles

MONDAY, MARCH 8, 1971

2509

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lowrey Marcus Mason Mauldin Maxwell McDaniell McDonald Merritt Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Northcutt Nunn Odom Patterson Patten 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. Savage Scarborough Shanahan Shepherd Sherman Sims Sorrells Stephens Strickland Sweat Toles Tripp Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Brown, C. Buck Busbee Cheeks Cook Dailey Drury Ezzard Gary Gaynor Hill, B. L.

Jordan Lewis Logan Longino Matthews, C. Matthews, D. R. McCracken Melton Miles Mullinax Murphy Oxford Pearce Phillips, G. S.

Salem Smith, H. R. Smith, J. R. Smith,'V. T. Snow Thomason Thompson Townsend Triplett Turner Ware Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 0.

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

2510

JOURNAL OF THE HOUSE,

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, as amended, 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.

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 Battle Bell Bennett, J. T. Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Burruss 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, J. E. Dean, N . Dent Dixon Dorminy Edwards Egan Evans Parrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway 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, 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 Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles

Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Nunn Odom Patterson Patten Peters Phillips, L. L. Pickard Pinkston Poole

MONDAY, MARCH 8, 1971

2511

Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Sorrells

Stephens Strickland Sweat Toles Townsend Triplett Tripp Turner Wamble Westlake Wheeler, Bobby
Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Brown, C. Buck Cheeks Cook Dailey Drury Ezzard Felton Gary Gaynor

Greer Ham Hawes Lee, W. J. (Bill) Lewis Longino Matthews, D. R. McCracken Mullinax Murphy Northcutt Oxford Pearce

Phillips, G. S. Phillips, W. R. Salem Smith, J. R . Smith, V. T. Snow Thomason Thompson Vaughn Ware Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 0.

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

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.

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:

2512

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs:

Adams, G. D. Adams, Marvin Alexander, W. H. Atherton Barfield Battle Bennett, J. T. Bennett, Tom Black Bond Bostick Bowen Bray Brown, B. D. Brown, S. P. Burniss Busbee Carr Carter Chappell Clements Cole
Coney, G. D. Conger Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dent Dorminy Egan Evans Farrar Fraser

Gary
Geisinger Gignilliat Grahl Grantham Griffin Hadaway Ham Hamilton Harrison Hawes Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup King Kreeger Lambert Larsen, W. W. Lee, W. S. Lewis Logan Mason Matthews, C. Maxwell McDaniell Merritt Miller Morgan Moyer

Mulherin Mullinax Murphy Nunn Odom Patterson Patten Peters Phillips, L. L. Potts Rainey Roach Rush Russell, A. B. Russell, W. B. Salem Scarborough Shepherd Smith, J .R. Smith, V. T. Snow Sorrells Strickland Sweat Townsend Tripp Turner Vaughn Wamble Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, John Alien Chance Collins, S. Davis, W. Floyd, L. R. Granade Harrington

Harris Hays Jones, Herb
Jones, J. R. Keyton Larsen, G. K. Leggett Matthews, D. R.

Mauldin Milford Nessmith Northcutt Poole Russell, H. P. Sherman Westlake

Those not voting were Messrs.:

Alexander, W. M. Bell Berry Blackshear

Bohannon Brantley, H. H. Brantley,-H. L. Brown, C.

Buck Chandler Cheeks Collier

Collins, M. Colwell Coney, J. L. Cook Dailey Dean, N. Dixon Drury Edwards Ezzard Felton Floyd, J. H. Gaynor Greer Gunter Hill, B. L. Howell Isenberg Johnson

MONDAY, MARCH 8, 1971

2513

Jordan Knight Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Levitas Longino Lowrey Marcus McCracken McDonald Melton Miles Moore Noble Oxford Pearce Phillips, G. S.

Phillips, W. R. Pickard Pinkston Reaves Ross Savage Shanahan Sims Smith, H. R. Stephens Thomason Thompson Toles Triplett Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 104, nays 24.

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

Mr. McDonald of the 15th stated that he had been called from the floor of the H"noauys"e. when the roll was called on HB 189, and wished to be recorded as voting

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", as amended; so as to revise completely the laws re lating to the hospitalization and release of alcoholics and drug depend ent individuals; and for other purposes.
By unanimous consent, further consideration of SB 71 was postponed until tomorrow, March 9, 1971, immediately after the period of unanimous consents.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 197. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend an Act which comprehensively and

2514

JOURNAL OF THE HOUSE,
exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public works camps, and prisoners, as amended, so as to change the compensation of the Director of Corrections; and for other purposes.

Mr. Pickard of the 84th moved that HB 197 and all amendments thereto be placed on the table.

The motion prevailed and HB 197 was placed on the table.

The Speaker announced the House recessed until 4:00 o'clock, P.M.

The Speaker Pro Tern called the House to order.

The following Resolutions of the House were read and adopted:

HE 392. By Mr. Ware of the 30th:
A RESOLUTION
Commending Mrs. Thomas V. (Millie) Parrott; and for other pur poses.
WHEREAS, Mrs. Thomas V. (Millie) Parrott is the Georgia Area Coordinator of the National League of Families of American Prisoners in Southeast Asia; and
WHEREAS, she is the person all 67 POW-MIA families in Georgia look to for advice, assistance and assurance; and
WHEREAS, she has dedicated her time and energies to proclaim the plight of her husband and other Georgians and Americans who are subjected daily to the inhumane treatment of the Government of North Viet Nam; and
WHEREAS, it is the desire of the members of this body to recog nize this courageous young wife and mother for her devotion to others similarly situated and for her faith in our country and the fundamental principles for which we are fighting.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Mrs. Thomas V. (Millie) Parrott for her fortitude and selfless dedication to the cause she represents.

MONDAY, MARCH 8, 1971

2515

BE IT FURTHER RESOLVED that as a token of our friendship and our support of the goals of the National League of Families of American Prisoners in Southeast Asia, the members of this body do hereby present this check for the sum remaining from the donations by the members of the General Assembly to the "POW-MIA Children's Christmas Party", to be used to promote the release of Georgia and American POW-MIA's and to assist their families.

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 Mrs. Thomas V. (Millie) Parrott.

HR 393. By Mr. Ware of the 30th:
A RESOLUTION
Commending and expressing appreciation to Mrs. Laverne Wilson; and for other purposes.
WHEREAS, the membership of the 1970 General Assembly spon sored a Christmas Party for the children of Georgia Prisoners of War and Persons Missing in Action in Southeast Asia; and
WHEREAS, the Christmas Party was perhaps one of the most successful events ever sponsored by the General Assembly; and
WHEREAS, although many people contributed their time and talents to this project, one person deserves special recognition and praise for her untiring efforts in decorating the House Chamber, purchasing gifts for the children, arranging entertainment for the kids, welcoming guests and in general making everybody enjoy themselves; and
WHEREAS, she is the quintessence of "beauty and brains"; and
WHEREAS, the members of this body wish to thank this charming young lady for the excellent way she coordinated the numerous activi ties in connection with the Christmas Party.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their sincere appreciation and heartiest commendations to Mrs. Laverne Wilson for the professional manner in which she arranged, directed and produced the "Georgia POW-MIA Children's Christmas Party".
BE IT FURTHER RESOLVED that the members of this body do hereby present this plaque to her as a token of their appreciation and esteem.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Laverne Wilson.

2516

JOURNAL OF THE HOUSE,

Mr. King of the 86th requested that the following introduction appear in the Journal:

Mr. Speaker, Ladies and Gentlemen of the House, I present to you Joseph B. Kilbride who has taught many law students such as Quimby Melton, Johnnie Caldwell and myself at Woodrow Wilson College of Law, Atlanta, Georgia. Thousands of us appreciate him and the School he directs and all Georgia can be proud of Joseph B. Kilbride and Woodrow Wilson College of Law.

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 278. By Senator Coggin of the 35th: A Bill to amend an Act, relating to municipal annexation, so as to prohibit annexation across county boundary lines under such Act; to repeal conflicting laws; and for other purposes.
The Senate insists on its amendment to the following Bill of the House, to-wit:
HB 618. By Mr. Vaughn of the 74th: A Bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for 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.
The senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 75. By Senators Webb of the llth and Bateman of the 27th: A Bill to amend an Act establishing the State employees Retirement System, as amended, so as to change the minimum retirement benefit percentage rate as relates to the Department of Public Safety; to re peal conflicting laws; and for other purposes.
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

MONDAY, MARCH 8, 1971

2517

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

SB 291. Do Pass.

SR 114. Do Pass.

Respectfully submitted,

Vaughn of the 74th,

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

HR 368-1053. Do Pass.

SB

62. Do Pass, as Amended.

SB

247. Do Not Pass.

SB

310. Do Pass, as Amended.

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 following Bills of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 260. Do Pass. SB 131. Do Pass, by Substitute. SB 68. Do Pass, by Substitute. SB 246. Do Pass. SB 146. Do Pass. SB 147. Do Pass, by Substitute.
Respectfully submitted, Smith of the 39th, Chairman.

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JOURNAL OP THE HOUSE,

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 and Resolutions of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 30. Do Pass, as Amended. SR 64. Do Pass. SB 250. Do Pass. SB 249. Do Pass. SR 97. Do Pass. SB 248. Do Pass, as Amended. SB 67. Do Pass, by Substitute. SB 66. Do Pass, as Amended.
Respectfully submitted, Dorminy of the 48th, 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 fol lowing Bills of the Senate and has instructed me to report same back to the House with the following recommendations:

SB 160. Do Pass, by Substitute.

SB 108. Do Pass.

SB 25. Do Pass.

Respectfully submitted,

Roach of the 10th,

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

MONDAY, MARCH 8, 1971

2519

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

SB 279. Do Pass.

SB 290. Do Pass.

Respectfully submitted,

Harrington of the 34th,

Chairman.

Mr. Rush of the 51st 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.

2520

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 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.

The following prayer was offered by Rev. William W. Oliver, Pastor, Hahira United Methodist Church, Hahira, Georgia:
Almighty God, our Heavenly Father, bless our State that it may be a blessing to our country and to this world. Grant us sound govern ment under the leadership of wise and honest men. Filter our selfishness with Thy all inclusive love. Let not our feelings nor actions perpetuate that which is unworthy in Thy sight. Let not inequality of opportunity be the guiding principle by which this body serves, but let its guiding principle be that of unrelenting service in behalf of all it seeks to serve and to do so under Thy providential care. For we are Thy servants in all that we do, and it is to Thy glory we commit the work of our hands. 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 Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks

Clements Cole Collier Collins, M. Colwell Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent
Dixon Dorminy Drury Egan Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser
Gary Gaynor Geisinger Gignilliat Grahl

Grantham Greer Griffin Gunter Hadaway
Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Housley Howard Howell 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) Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore
Morgan
Moyer

TUESDAY, MARCH 9, 1971

2521

Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard 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. Snow Sorrells Strickland Sweat 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 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.

2522

JOURNAL OP 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, Tuesday, March 9, 1971, and submits the following:

HB 137. Adjutant General, Georgia Military Forces (Reconsidered).

HB 197. Board of Correction, Director's Compensation.

HB 198. Board of Pardons and Paroles, Salary.

HB 200. Public Safety, Director's Compensation.

HB 270. Bad Checks, Refuse to Honor (Reconsidered).

HB 997. Safety Glazing Material, Glass.

SB 10. Merit System Employees, Longevity.

SR 17. Tobacco, Oppose Lending Funds to Foreign Countries.

SB 25. Juvenile Court, Time or Place of Hearings.

SB 58. Municipal Retirement System, Members.

SB 59. Legislative Retirement System, Members.

SB 60. Legislative Retirement System, Members.

SB 62. Felonies, Pre-Sentence Hearings.

SB 66. Air Quality Control, Violation, Penalties.

SB 67. Air Quality Control, Pollution, Permit.

SB 68. Motor Vehicle, Visible Emissions.

SB 71. Alcoholics and Drug Addicts, Hospitalization P.P.

SB 80. Employees Retirement System, Prior 4/1/69.

SR 97. Lease Land, Bibb County.

SB 108. Obscene Matter, Distribution of.

SB 110. Meat Inspection, Trademark.

SB 112. Bar Examinations, Fee, Appointment.

SR 114. Highway Contracts, Architects & Engineers.

,

SB 131. Motor Vehicle, Devices Atmospheric Emissions.

SB 134. G.B.I., Qualification for Employment.

SB 148. Mentally 111, Hospitalization.

SB 156. Guardians, Physician Affidavit.

SB 238. Workmen's Compensation, Right of Subrogation.

SB 246. Race Tracks, Comply with Rules.

SB 248. Water Quality Pollutants Discharged into Water.

TUESDAY, MARCH 9, 1971

2523

SB 249. Water Quality Control, Judgment, Enforcement. SB 250. Air Quality Control, Judgment, Enforcement. SB 279. Retarded Persons, State Institutions. SB 290. Child and Youth Act, Medical Service. SB 291. Fines and Forfeitures, Distribution of Money.

ALL COMPENSATIONS RESOLUTIONS

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

By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee on Highways:

HB 1090. By Messrs. Davis and Westlake of the 75th, Larsen of the 113th and Jones of the 4th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to require metal protectors or substantial flexible flaps on the rearmost wheels of certain vehicles except under certain circumstances; and for other purposes.

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

HB 1064. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Towns County on an annual salary in lieu of the fee system of compen sation of the sheriff; and for other purposes.
HB 1065. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act amending the Charter of the City of Brunswick by redefining the corporate limits of said City, so as to further define the corporate limits of said City; and for other purposes.
HB 1066. 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 in Glynn County, so as to provide for a Board of Tax Appeals; and for other purposes.

2524

JOURNAL OF THE HOUSE,

HB 1067. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act known as the "Carroll County Water Authority Act", so as to change the provisions relating to interest rate on bonds and to increase the amount of negotiable revenue bonds said authority may have outstanding at any one time; and for other purposes.

HB 1069. By Messrs. Russell of the 77th and Larsen of the 113th:
A Bill to be entitled an Act to create within the executive branch of government a water resources planning and coordinating program; and for other purposes.

HB 1070. By Messrs. Larsen and Chappell of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to change the corporate limits of said city; and for other purposes.

HB 1071. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise and consolidate the several Acts granting corporate au thority to the City of Americus, so as to change the bond revision re lating to the clerk and treasurer; and for other purposes.
HB 1072. By Messrs. Dixon and Sweat of the 65th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Ware County into the office of the tax commis sioner of Clinch County; and for other purposes.
HB 1073. By Messrs. Dixon and Sweat of the 65th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County; and for other purposes.
HB 1074. 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 authorize the judge of the superior courts of the Waycross Judicial Circuit to employ and fix the compensation of a secretary; and for other purposes.
HB 1075. By Messrs. Dixon and Sweat of the 65th: A Bill to be entitled an Act to amend an Act placing certain officers of Ware County on a salary system in lieu of a fee system, so as to

TUESDAY, MARCH 9, 1971

2525

change the compensation of the Ordinary and the Tax Receiver of Ware County; and for other purposes.

HR 371-1075. By Mr. Patten of the 63rd: A Resolution designating the new occupational therapy facility at Central State Hospital as the "Wilson Bryant Wilkes Building"; and for other purposes.
HR 372-1075. By Messrs. Larsen of the 113th, Townsend of the 115th, Geisinger of the 72nd, Russell of the 77th, Westlake of the 75th, Nunn of the 41st and others: A Resolution creating the Atlanta Area Chattahoochee River Study Committee; and for other purposes.
HB 1076. By Mr. Ham of the 33rd: A Bill to be entitled an Act to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select up to and including two members of the Board from any militia district having a population of 1,000 persons or more; and for other purposes.
HB 1077. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.
HB 1078. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act creating the board of commissioners of Coffee County, so as to change the compensation of the commissioners; and for other purposes.
HB 1079. By Messrs. Brown and Melton of the 32nd: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Brooks in the County of Fayette, so as to change the corporate limits of said Town; and for other purposes.

HB 1080. By Messrs. Snow, Hays and Clements of the 1st and Peters of the 2nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to change the corporate limits of said town; and for other purposes.

2526

JOURNAL OP THE HOUSE,

HB 1081. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to provide for a chief deputy sheriff; and for other purposes.

HB 1082. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create water authorities for certain counties of this State (population not less than 4,000 or more than 4,575); and for other purposes.

HB 1083. By Messrs. Dean and Murphy of the 19th:
A Bill to be entitled an Act to create a new charter for the City of Aragon; and for other purposes.

HB 1084. By Messrs. Dean and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act placing the coroner of Polk County on a salary basis, so as to change the salary of the coroner of Polk County; and for other reasons.

HR 388-1084. By Messrs. Dean and Murphy of the 19th:
A Resolution proposing an amendment to the Constitution so as to providme that residents of the City of Aragon who are 62 years old or older who have an income not exceeding $4,000 per annum shall be granted a homestead exemption from ad valorem taxation by said city; and for other purposes.

HB 1085. By Messrs. Snow, Clements and Hays of the 1st: 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.
HB 1086. By Messrs. Snow, Clements and Hays of the 1st: 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.
HB 1087. By Messrs. Snow, Clements and Hays of the 1st: A Bill to be entitled an Act to amend an Act abolishing the fee system

TUESDAY, MARCH 9, 1971

2527

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 purposes.

HB 1088. By Messrs. Snow, Clements and Hays of the 1st:
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.

HB 1089. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend an Act incorporating the City of Savannah Beach, Tybee Island, so as to change the provisions relative to zoning; and for other purposes.

SB 297. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act creating the Clayton County Water Authority, so as to remove the provision which provides that elected municipal officers shall be ineligible to serve as members of the Authority; and for other purposes.
SB 314. By Senator Starr of the 44th: 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.
SB 315. By Senators Lester of the 23rd and Holley of the 22nd: A Bill to be entitled an Act to amend an Act relating to the appoint ment of court reporters in certain counties, so as to change the com pensation of such official court reporters; and for other purposes.
SB 318. By Senators Henderson of the 33rd and Chapman of the 32nd: A Bill to be entitled an Act to add one additional judge of the superior court of the Cobb Judicial Circuit of Georgia; and for other purposes.
SB 320. By Senators Henderson of the 33rd and Chapman of the 32nd: A Bill to be entitled an Act to create Metropolitan Airport Authorities in certain counties of this State; and for other purposes.
SB 321. By Senators Henderson of the 33rd and Chapman of the 32nd: A Bill to be entitled an Act to amend an Act creating a Board of

2528

JOURNAL OF THE HOUSE,

Commissioners for Gobb County, so as to change the compensation of the chairman and the commissioners; and for other purposes.

SB 322. By Senators Henderson of the 33rd and Chapman of the 32nd:
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 said judge; and for other purposes.

SB 323. By Senators Henderson of the 33rd and Chapman of the 32nd:
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 the judge of the court of ordinary; and for other purposes.

SB 324. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and the clerk of said court; and for other purposes.

SB 325. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the salary of the judges, district attorney and assistant district attorneys of the Cobb Judicial Circuit; and for other purposes.

SB 326. By Senators Henderson of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of Tax Commissioner of Cobb County, so as to change the compensa tion of the tax commissioner and the chief clerk of the tax commis sioners; and for other purposes.

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

HB 961. Do Pass.

Respectfully submitted,

Smith of the 39th,

Chairman.

TUESDAY, MARCH 9, 1971

2529

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 40. Do Pass, as Amended.

SB 75. Do Pass.

SB 47. Do Pass.

SB 53. Do Pass.

SB 64. Do Pass.

SB 83. Do Pass.

SB 84. Do Pass.

Respectfully submitted,

Buck of the 84th,

Chairman.

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

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HR 372-1075. Do Pass.

Respectfully submitted,

Busbee of the 61st,

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 tion the following Bills and Resolutions of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 92. Do Pass. SB 93. Do Pass.

2530

JOURNAL OP THE HOUSE,

SB 186. Do Pass. SR 60. Do Pass. SB 212. Do Pass. SR 71. Do Pass. SR 93. Do Pass, by Substitute.
Respectfully submitted, 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 Bills and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:

SB

36. Do Pass.

SB 129. Do Pass.

HR 263-825. Do Not Pass.

SB 224. 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 recom
mendations :

HR 370-1062. Do Pass.

SB

215. Do Pass.

SB

226. Do Pass.

SB

241. Do Pass.

SB

253. Do Pass.

SB

261. Do Pass.

TUESDAY, MARCH 9, 1971

2531

SB

262. Do Pass.

SB

263. Do Pass.

SB

264. Do Pass.

SB

275. Do Pass.

SB

304. Do Pass, as Amended.

SB

307. Do Pass.

HB

684. Do Pass.

HB

810. Do Pass, by Substitute.

HB 1046. Do Pass.

HB 1051. Do Pass.

HB 1052. Do Pass.

HB 1053. Do Pass.

HB 1055. Do Pass.

HB 1056. Do Pass.

HB 1061. Do Pass.

HB 1062. Do Pass.

HB 1063. Do Pass.

HB 1064. Do Pass.

HB 1065. Do Pass.

HB 1066. Do Pass.

HB 1068. Do Pass.

HB 1070. Do Pass.

HB 1071. Do Pass. HB 1074. Do Pass. HB 1075. Do Pass. HB 1076. Do Pass. HB 1077. Do Pass.

Respectfully submitted,

Levitas of the 77th,

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-

2532

JOURNAL OF THE HOUSE,

ing Bills and Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:

SR 51. Do Pass.

SB 162. Do Pass, as Amended.

SB 254. 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 Bill of the Senate and has instructed me to report same back to the House with the following recommendation:

SB 289. Do Pass.

Respectfully submitted,

Harrington of the 34th,

Chairman.

The following messsage 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 853. By Mr. Connell of the 79th and others:
A Bill to provide additional compensation for certain employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 733. By Messrs. Bostick and Patten of the 63rd:
A Bill 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.

TUESDAY, MARCH 9, 1971

253a

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

SB 329. By Senator Webb of the llth:
A Bill to abolish the present mode of compensating the Ordinary and the Clerk of the Superior Court of Miller County, known as the fee system; to provide in lieu thereof annual salaries for said officers; and for other purposes.

SB 330. By Senator Webb of the llth:
A Bill to amend an Act placing the sheriff of Miller County on an an nual salary in lieu of the fee system of compensation, so as to change the salary of the sheriff; 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 460. By Messrs. Brown, Evans, Pinkston, Bennett and Scarborough of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill 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.

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

SR 89. By Senators London of the 50th and Walling of the 4th:
A Resolution endorsing the proposal to designate the Chattooga River as a component of the National Wild and Scenic Rivers System; and for other purposes.
SR 115. By Senator Holloway of the 12th:
A Resolution directing the State Revenue Commissioner to conduct a study and to submit a report to the next regular session of the General Assembly on minimum certification standards for tax assessing officials; and for other purposes.

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

SB 317. By Senator Spinks of the 9th:
A Bill to provide for new terms of office of the members of the Tift County Board of Education; and for other purposes.

2534

JOURNAL OF THE HOUSE,

SB 331. By Senator Webb of the llth:
A Bill to reincorporate the City of Donalsonville in the County of Seminole to create a new charter for said city; to repeal conflicting laws; and for other purposes.

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

HB 140. By Messrs. Moore of the 6th, Phillips of the BOth, Farrar of the 77th and Mauldin of the 12th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the calcula tion 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 Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:

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.

SB 185. By Senator Starr of the 44th: A Bill to provide for the custody and disposition of county funds col lected by employees and officers of Clayton County; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate, to-wit:
SB 303. By Senator Walling of the 42nd: A Bill to provide that the State of Ga. shall be a party to the "Inter state Environment Compact"; to enact said compact into law; to repeal conflicting laws; and for other purposes.
SB 244. By Senator Walling of the 42nd: A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, so as to provide that the affidavit of the landlord shall state the amount and periodic

TUESDAY, MARCH 9, 1971

2535

rate of rent allegedly due, the period for which the rent is due and the address and phone number of the landlord; and for other purposes.

SB 308. By Senator Holloway of the 12th:
A Bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, as amended, so as to provide the circumstances under which certain persons may be issued a certificate of qualification as a journeyman plumber without the necessity of standing the required examination; to repeal conflicting laws; 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:

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, as amended, so as to change the com pensation of the Tax Commissioner; 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 office of Tax Commissioner of Colquitt County, approved February 17, 1956 (Ga. Laws 1956, p. 2403), as amended, by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2485), so as to change the compensation of the Tax Commissioner; to provide for the payment of funds collected by the Tax Commissioner to the fiscal authority of the county at certain times, as is now provided by law; to repeal an Act approved March 12, 1970 (Ga. Laws 1970, p. 2485) ; 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 creating the office of Tax Commissioner of Colquitt County, approved February 17, 1956 (Ga. Laws 1956, p. 2403), as amended, by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2485), is hereby amended by striking Section 4 of such Act in its entirety and substituting in lieu thereof a new Section 4, to read as follows:
"Section 4. (a) The tax commissioner shall receive for his services as such an annual salary of not less than $10,000 nor more than $15,000, payable in equal monthly installments from the funds of Colquitt County. The exact amount of said salary shall be fixed by the governing authority of said county.

2536

JOURNAL OF THE HOUSE,

(b) All fees, commissions, costs, fines, emoluments and per quisites of whatever kind received and collected by the Tax Com missioner shall be received, collected, and held by him as public funds belonging to Colquitt County, except as hereinafter provided. The Tax Commissioner shall pay over, from time to time, the county taxes to the fiscal authority of said county as soon as there is col lected $3,000 and, if he fails to collect said sum during any week, he shall then pay over on Saturday all he has collected during the said week, with a detailed, itemized statement showing the sources from which such funds were collected. The Tax Commissioner shall issue fi. fas. for delinquent taxes, as provided by law, and shall be en titled to retain, as compensation therefor, the fees now prescribed by law for the issuance of such fi. fas. The tax commissioner shall be required to collect all delinquent taxes.

(c) All fees received by the tax commissioner for motor vehicle tags issued to persons domiciled outside of the county shall be re tained by the said commissioner as compensation therefor."

Section 2. An Act amending an Act creating the office of Tax Commissioner of Colquitt County so as to change the compensation of the Tax Commissioner, approved March 12, 1970 (Ga. Laws 1970, p. 2485), is hereby repealed in its entirety.

Section 3. This Act shall become effective on January 1, 1972.

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.

SB 304. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to be entitled an Act to unify the governmental and corporate functions of the City Council of Augusta with the governmental and corporate functions of the County of Richmond; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend Senate Bill No. 304 as follows:

TUESDAY, MARCH 9, 1971

2537

By striking Article XIII, relating to the conduct of elections, in its entirety and inserting in lieu thereof a new Article XIII, relating to the conduct of elections, to read as follows:

"Article VIII

Conduct of Elections

Section 13.01. General Provisions.

All elections of the Unified Government shall be conducted in accordance with the provisions of an Act entitled 'The Georgia Mu nicipal Election Code' (Ga. Laws 1968, p. 885, et seq.), as amended. In said Act, the terms 'municipal' and "municipality' shall be con strued to mean Augusta-Richmond County.

Section 13.02. Who May Vote.

All qualified electors of Augusta-Richmond County are eligible to vote in Unified Government elections. Each elector shall be en titled to vote for as many respective candidates for public office as there are respective offices to be filled at such election; except that in the case of elections for district commissioners, only those electors residing in the district from which the Commissioner for such district is to be elected shall be entitled to vote for such Commissioner.

Section 13.03. General Elections.

The general elections of the Unified Government shall be held on the first Tuesday after the first Monday in November of each even-numbered year, beginning in 1974.

At the first general election, the Chairman and sixteen com missioners shall be elected as hereinafter in this Charter provided, and thereafter at each general election six district commissioners and two at-large commissioners shall be elected to office.

At the general election of 1976 and thereafter at each alternate general election, the Chairman shall be elected.

The candidate receiving a majority of the votes cast for the office for which he is a candidate shall be elected to such office.

Section 13.04. Primaries.

Whenever any political party shall hold a primary to nominate candidates for the offices of Chairman and Commissioner, to be filled in the ensuing November election, such primary shall be held on the same day established by law for the holding of primaries in which candidates are to be nominated for State public offices.

2538

JOURNAL OF THE HOUSE,

Section 13.05. Assumption of Office.
The persons elected at the first general election shall take office on the first day of January, 1972, and all persons elected thereafter shall take office on the first Monday after the first day of January, next following their election."

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 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, as amended, so as to change the corporate limits of said City; and for other purposes.
The following amendment was read and adopted:
Messrs. Chandler and Harrington of the 34th move to amend SB 215 as follows:
By adding at the end of the quoted language of Section 1 a new paragraph to read as follows:
"The corporate limits of the City of Milledgeville shall also include all that land lying and being in Land Lots 235, 236, 251, 252, 253, 264 and 265 of the First Land District of Baldwin County, Georgia, which portion of such land is owned by the Regents of the University System of Georgia, the Georgia Department of Public Safety and the Georgia Department of Defense as set forth in plat recorded in Deed Book 77, Folio 631, Baldwin County Superior Court by Thomas H. Winchester, Jr., Georgia Registered Land Surveyor 757. Said corporate limits shall also include that portion of the right-of-way of Georgia State Route 49 which lies on the southern boundary of the above described land."
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.

TUESDAY, MARCH 9, 1971

2539

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

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.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 241. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax commissioner and ordinary of Cherokee County on a salary system, 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.
SB 253. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating a charter for the Town of Ivey, as amended, so as to clarify and make more definite the existing town 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.

2540

JOURNAL OF THE HOUSE,

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

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; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 262. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Carroll County; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 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; and for other purposes.

The report of the Committee, 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, MARCH 9, 1971

2541

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, as amended, so as to change the compensation of the 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.

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 of fice of Tax Commissioner of Wilkinson County, so as to change the salary paid to the clerical assistant to the Tax Commissioner; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 307. By Senator Kidd of the 25th:
A Bill to be entitled an Act to incorporate the Town of Mclntyre, and to grant a new Charter to 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 110, nays 0.

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

2542

JOURNAL OF THE HOUSE,

HR 370-1062. By Mr. Dean of the 19th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the collection of ad valorem taxes in Polk County in two equal installments each year; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:

"Ad valorem taxes in Polk County shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 20 of each year. The remaining one-half of such taxes shall be due and payable on November 1 of each year and shall become delinquent if not paid by December 20 of each year. A penalty of ten percent (10%) of the taxes due shall accrue on each installment that is not paid before same becomes delinquent. All taxes and penalties remaining unpaid on December 20 of each year shall bear interest at the rate of seven percent (7%) per annum from said date and the Tax Commissioner of Polk County shall issue execu tions therefor against each delinquent taxpayer. The provisions of this amendment shall become effective for all taxable years begin ning on and after January 1, 1973."

Section 2. The above propsed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide NO ( ) for the collection of ad valorem taxes in Polk County
in two equal installments each year?"

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.

TUESDAY, MARCH 9, 1971

2543

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 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 Can-
Carter Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. IX Coney, J. L. Conger Connell Cook Dailey Daungherty 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 Gaynor Geisinger Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson 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. 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 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, W. B. Salem Scarborough Shanahan Shepherd Sherman

2544
: Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland

JOURNAL OF THE HOUSE,

Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn

Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Williams Wilson

Those not voting were Messrs.:

Alien Battle Blackshear Chance Colwell Cjrury Edwards Ezzard

Gignilliat Howell Isenberg Jones, Herb Leggett Murphy Pickard Russell, A. B.

Russell, H. P. Savage Townsend Whitmire Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 173, na'ys 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
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 establishments and certain additions to such capital improvements of manufacturing estab lishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Con stitution of Georgia is hereby amended by adding at the end thereof the following:
"All capital improvements of each new manufacturing estab lishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time of its establishment provdied such estab lishment has a paid-in capital stock of $50,000. Each addition to the capital improvements of an existing manufacturing establish-

TUESDAY, MARCH 9, 1971

2545

ment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time such addition is made if the cost of such addi tion is $50,000, or more. For the purpose of this exemption the term 'manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabri cating or changing things into new forms for use or in refining, rectifying or combining different materials for use. The term 'capi tal improvements' shall mean and include property, buildings, ma chinery and equipment directly connected with the manufacturing process, but shall not include property held for investment pur poses only."

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 exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all
NO ( ) Richmond County ad valorem property taxes, except school taxes, for a period of five years following their establishment or addition?"

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. 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

2546
Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Cornell Cook Dailey 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. Eraser Gary Gaynor Geisinger Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G.

JOURNAL OF THE HOUSE,

Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreege r Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken MdDaniell 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, 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 Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Williams Wilson

Those not voting were Messrs.:

Alien Battle Blackshear Chance

Colwell Drury Edwards Ezzard

Gignilliat Howell Isenberg Jones, Herb

Leggett Murphy Pickard Russell, A. B.

TUESDAY, MARCH 9, 1971

2547

Russell, H. P. Savage Townsend Whitmire

Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 173, nays 0.

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

HB 684. By Messrs. Barfield and Bennett of the 71st:
A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, as amended, so as to change the corporate limits of said city; and for other purposes.

The report of the Committeee, 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 1046. By Mr. Praser of the 59th:
A Bill to be entitled an Act to amend an Act vesting in the tax com missioners of certain counties all the powers and duties of sheriffs rela tive to the collection of all tax fi. fas., so as to change the counties to which said Act applies; and for other purposes.

The report of the Committee, 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 1051. By Messrs. Adams and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Zebulon, as amended, so as to increase the terms of office of the councilmen; and for other purposes.

2548

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 1052. By Messrs. Adams and Smith of the 39th: A Bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Pike County, so as to provide that any state char tered bank having its principal place of business located in Pike County may serve as the county depository; and for other purposes.
The report of the Committee, 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 1053. By Messrs. Adams and Smith of the 39th: A Bill to be entitled an Act to create and establish a Small Claims Court in Pike County, to prescribe the jurisdiction of said court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1055. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Preston in Webster County, as amended, so as to redefine the cor porate Iimit3 of said Town; and for other purposes.

TUESDAY, MARCH 9, 1971

254&

The report of the Committee, 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 1056. By Messrs. Larsen and Chappell of the 42nd and Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Dublin Judicial Circuit, so as to change the provisions relating to the compensation of said officer; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1061. By Messrs. Dean and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rockmart in the County of Polk, so as to provide that city taxes shall become due and payable in two equal installments each year; and for other purposes.

The report of the Committee, 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 1062. By Messrs. Dean and Murphy of the 19th: A Bill to be entitled an Act to amend an Act creating the Polk County Water Authority, as amended, so as to change the residence require ments necessary for membership; and for other purposes.

2550

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 1063. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act incorporating the City of Buchanan, as amended, so as to change the provisions relating to the election for 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 1068. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to repeal the present charter of the City of Talbotton; to provide a new charter for 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 110, 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 75. By Senators Webb of the llth and Bateman of the 27th: A Bill to be entitled an Act to amend an Act establishing the State Em-

TUESDAY, MARCH 9, 1971

2551

ployees' Retirement System, so as to change the minimum retirement benefit percentage rate as relates to the Department of Public Safety; and for other purposes.
Referred to the Committee on Retirement.

SR 89. By Senators London of the 50th and Walling of the 42nd:
A Resolution endorsing the proposal to designate the Chattooga River as a component of the National Wild and Scenic Rivers System; and for other purposes.
Referred to the Committee on Natural Resources.

SR 115. By Senator Holloway of the 12th:
A Resolution directing the State Revenue Commissioner to conduct a study and to submit a report to the next regular session of the General Assembly on minimum certification standards for tax assessing of ficials; and for other purposes.
Referred to the Committee on Ways and Means.

SB 278. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act relating to municipal an nexation, so as to prohibit annexation across county boundary lines under such Act; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

SB 317. By Senator Spinks of the 9th:
A Bill to be entitled an Act to provide for new terms of office of the members of the Tift County Board of Education; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 329. By Senator Webb of the llth:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary and the Clerk of the Superior Court of Miller County, known as the fee system; to provide in lieu thereof annual salaries for said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 330. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act placing the sheriff of

2552

JOURNAL OF THE HOUSE,

Miller County on an annual salary in lieu of the fee system of compen sation, so as to change the salary of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 331. By Senator Webb of the llth:
A Bill to be entitled an Act to reincorporate the City of Donalsonville in the County of Seminole; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 244. By Senator Walling of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, so as to provide that the affidavit of the landlord shall state the amount of periodic rate of rent allegedly due, the period for which the rent is due and the address and phone number of the landlord; and for other purposes.
Referred to the Committee on Judiciary.

SB 303. By Senator Walling of the 42nd:
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 Planning & Community Affairs.

SB 308. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to provide the circum stances under which certain persons may be issued a certificate of qualification as a journeyman plumber without the necessity of stand ing the required examination; and for other purposes.
Referred to the Committee on Industry.

Mr. Busbee of the 61st moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

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

TUESDAY, MARCH 9, 1971

2553

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.

The motion prevailed and the House reconsidered its action in giving the requisite constitutional majority to SB 139.

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

HB 733, By Messsrs. Bostick and Patten of the 63rd: A Bill to be entitled an Act to amend an Act creating a board of com missioners 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.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 733 as follows:
By striking from Section 3 on line 7 of page 3 the following: "for any office of"
and inserting in lieu thereof the following: "for any office or";
By striking from Section 4 on line 31 on page 4 the following: "not less than 30 nor more than 60 days"
and inserting in lieu thereof the following: "Within 10 days";
and by striking from Section 4 beginning on line 11 of page 5 the following:
" 'YES ( ) Shall the Act providing for the election of the chair man of the board of commissioners of Tift County
NO ( ) by the voters of Tift County for terms of four years be approved?"'
and inserting in lieu thereof the following:
"YES ( ) To amend an Act creating the Board of Commission ers of Tift County so as to provide for the election of the Chairman of said Commission by the voters of Tift County.

2554

JOURNAL OF THE HOUSE,

NO ( ) Not to amend an Act creating the Board of Commis sioners of Tift County so that the Chairman of said Commission shall continue to be appointed by the Grand Jury of said county."

Mr. Bostick of the 63rd 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 733 was agreed to-

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.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves toamend HB 453 as follows:
By striking the phrase "to provide an effective date" from the title and inserting in lieu thereof the following:
"to provide for a referendum";
and by striking Section 2 in its entirety and inserting in lieu thereof the following:
"Section 2. It shall be the duty of the Ordinary of Pierce County to issue the call for an election for the purpose of sub mitting this Act to the voters of said County for approval or re jection. The Ordinary shall set the date of such election for Tues day, November 7, 1972. The Ordinary shall cause the date and pur pose of the election to be published once a week for two weeks im mediately preceding the date thereof, in the official organ of Pierce County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act changing the compensation of the Chairman of the Board of Commissioners of Pierce County from $6,600.00 per annum to not
NO ( ) less than $6,600.00 per annum nor more than $10,000.00 per year, to be determined by the Board of Commissioners of Pierce County, be approved?"

TUESDAY, MARCH 9, 1971

2555

All persons desiring to vote in favor of the Act shall vote "yes", and those 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 Pierce County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Mr. Wheeler of the 57th 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 453 was agreed to.

HB 454. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Pierce County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 454 as follows:
By striking the phrase "to provide an effective date" from the title and inserting in lieu thereof the following:
"to provide for a referendum";
And by striking Section 6 in its entirety and inserting in lieu there of the following:
"Section 6. It shall be the duty of the Ordinary of Pierce County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for Tuesday, November 7, 1972. The Ordinary shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately pre ceding the date thereof, in the official organ of Pierce County. The ballot shall have written or printed thereon the words:

2556

JOURNAL OF THE HOUSE,

"YES ( ) Shall the Act placing the Ordinary of Pierce County on a salary of $6,000.00 per year in lieu of the fee system of compensation and providing for
NO ( ) the appointment of deputies, clerks, assistants and other personnel with the approval of the Board of Commissioners of Pierce County, be approved?"

All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "no". If more than one-half of the votes cast on such ques tion 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 Pierce County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regula tions as govern special elections, except as otherwise provided here in. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Wheeler of the 57th 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 454 was agreed to-

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 the deputy sheriffs of Pierce County; and for other purposes.

The following Senate amendment was read:
By striking the phrase "to provide an effective date" from the title and inserting in lieu thereof the following:
"to provide for a referendum";
And by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. It shall be the duty of the Ordinary of Pierce County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Or-

TUESDAY, MARCH 9, 1971

2557

dinary shall set the date of such election for Tuesday, November 7, 1972. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Pierce County. The ballot shall have written or printed thereon the words:

"YES ( ) Shall the Act changing the compensation of the Sheriff of Pierce County from $7,200.00 per year to $8,400.00 per year and changing the compen-
NO ( ) sation of one deputy sheriff from $4,800.00 per year to $6,000.00 per year and changing the com pensation of the other deputy sheriff from $4,200.00 per year to $5,400.00 per year, be ap proved?"

All persons desiring to vote in favor of the Act shall vote "Yes", and those 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 Pierce County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and de clare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Wheeler of the 57th 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 455 was agreed to.

HB 212. By Mr Dailey of the 53rd:
A Bill to be entitled an Act to reincorporate the City of Arlington in the Counties of Calhoun and Early; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 212 as follows:
By striking the language appearing on Lines 19 through 22 on Page 2 and by inserting in lieu thereof the following:

2558

JOURNAL OF THE HOUSE,

"Section 1.02. City Boundaries. The corporate limits of the City of Arlington shall extend two miles East and West and two miles North and South as follows: One mile East and one mile West from the Central of Georgia Railway depot in said city, and one mile North and one mile South from said Central of Georgia Railway depot, thus forming a square with the Central of Georgia Railway depot in the center, and thus containing four square miles."; And by deleting from Line 25 on Page 3 the following:

"electrical power system,",

and by inserting after "water," on Line 28, the word "and", and by deleting from said Line 28 the following:

"and electricity".

Mr. Dailey of the 53rd 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 212 was agreed to.

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.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act fixing the terms of the Su perior Court of Bibb County and providing for the drawing of Grand Juries, approved March 3, 1943 (Ga. Laws 1943, p. 680), so as to change the terms for the drawing of Grand Juries; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of Grand Juries, approved March 3, 1943 (Ga. Laws 1943, p. 680), is hereby amended by striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:

TUESDAY, MARCH 9, 1971

2559

"Section 4. A Judge of the Superior Court of Bibb County, Georgia shall draw a Grand Jury for the February and August terms of said Court, and, in his discretion, he may draw or require the attendance of a Grand Jury upon any or all other terms of said Court, or may call back the Grand Jury which was last drawn and impaneled, provided, that the Grand Jury which is now in attend ance upon the present term of said Court and which is now serving shall continue to serve as the Grand Jury for said term until dis charged by the presiding Judge."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Mr. Miller of the 83rd 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 460 was agreed to.

HB 140. By Messrs. Moore of the 6th, Phillips of the 50th, Farrar of the 77th, Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act known as the "Mini mum 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 Senate substitute 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, 1957 (Ga. Laws 1957, p. 759), an Act approved April 9, 1968 (Ga. Laws 1968, p. 1161), and an Act approved March 20, 1970 (Ga. Laws 1970, p. 507), so as to change the provisions relative to the cal culation of the amounts to be raised by local units of administration in support of the Minimum Foundation Program of Education; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

2560

JOURNAL OF THE HOUSE,

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, 1957 (Ga. Laws 1957, p. 759), an Act approved April 9, 1968 (Ga. Laws 1968, p. 1161), and an Act approved March 20, 1970 (Ga. Laws 1970, p. 507), is hereby amended by striking Section 22 in its entirety and substituting in lieu thereof a new Section 22 to read as follows:

"Section 22. Calculation-According to Local Financial Ability of Amount Required for Local Support of Minimum Foundation Program.

(a) The State Board of Education shall calculate annually the amount of funds that each local unit of administration shall be required to raise to support its Minimum Foundation Program of Education. Effective for the 1971-72 school year, beginning July 1, 1971, and for each year thereafter, the amount of such funds to be raised by each local unit of administration shall be calculated by multiplying the formula .29 of 1% times the following:

(1) For a county school system, the formula shall be ap plied to the total equalized adjusted school property tax digest of the county. The computation for the school year 1971-72 shall be made on the Auditor's Ratio Study Report for 1968-69 which report was based on the 1967-68 ratio study as directed by Act No. 704 (HB 899), Ga. Laws 1968, which report showed a total for the adjusted 100% digest of $27,094,835,000.00.
(2) For a county with independent school systems located within the county or counties, the formula shall be applied to the total equalized adjusted school property tax digest of the county or counties. For the 1971-72 and the 1972-73 school years, beginning July 1, 1971, this amount shall be prorated between the systems by adding 33% percent 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 22 2/9 per cent to the county equalized adjusted school property tax digest or all property located within the territory of the independent school systems. For the 1974-75 school year, beginning July 1, 1974, this amount shall be prorated between the systems by adding 111/9 percent to the county equalized adjusted school property tax digest of all property located within the territory of the independent school systems. Thereafter, this amount shall be prorated between the systems by using the actual equalized adjusted school property tax digest of each system within the county.
(3) For an area school system, the formula shall be ap plied to the total equalized adjusted school property tax digest of property located within such area school system.
(b) The amounts determined in accordance with the pro visions of subsection (a) of this Section shall be the amounts to

TUESDAY, MARCH 9, 1971

2561

be raised by each local unit of administration in support of the Minimum Foundation Program of Education. The amount of the costs of the Minimum Foundation Program of Education remaining after deducting the total amount to be raised by all local units of administration shall be paid entirely from State funds.

(c) The State Auditor shall furnish to the State Board of Education the sums of the current equalized adjusted school proper ty tax digests in accordance with an Act approved March 20, 1970 (Ga. Laws 1970, p. 542), relative to equalized adjusted school pro perty tax digests."

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

Mr. Phillips of the 50th moved that the House disagree to the Senate substi tute.
The motion prevailed and the Senate substitute to HB 140 was disagreed to.

HB 853. By Mr. Connell of the 79th and others:
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 Senate substitute was read:
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; to authorize the ordinary in such counties to employ additional personnel; to provide for the compensation of such additional personnel; to exclude from the provisions of this Act all elected officials of such counties; 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. In all counties in this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census or any such future census, the compensation of all permanent county employees whose salary is fixed by the General Assembly and who have been in the employment of the county for at least 12 months shall be increased by the rate of $30.00 per month for each employee, effective May 1, 1971. The compensation of all per manent part-time county employees whose salary is fixed by the General

2562

JOURNAL OF THE HOUSE,

Assembly and who have been in the employment of the county for at least 12 months shall be increased by the rate of $15.00 per month for each employee, effective May 1, 1971.

Section 2. The ordinary in such counties is hereby authorized to employ two additional deputy clerks who shall be compensated in the amount of $302.50 each per month.

Section 3. Nothing contained within this Act shall apply to any elected official of any such county.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Connell of the 79th 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 853 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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 Com pensation to assist the General Assembly in setting the compensation of constitutional State officers and fulltime 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.

The following report of the Committee of Conference was read:
The Conference Committee on HB 119 recommends the following:
That both the Senate and the House of Representatives recede from their positions, and that the Senate Substitute to HB 119 be adopted with the following amendment:
By adding at the end of Section 6, the following:

TUESDAY, MARCH 9, 1971

2563

"Provided, however, that the bill relative to the Commission's Compensation Plan, whether introduced in the House or the Senate, or both, shall be automatically engrossed by both the House and the Senate, and any such bill shall not be changed in either the House or the Senate after its introduction."

Respectfully submitted,
/s/ Thomas B. Buck, III Representative, 84th District
/s/ Philip M. Chandler Representative, 34th District
/s/ Henry Bostick Representative, 63rd District
/s/ Stanley E. Smith, Jr. Senator, 18th District
/s/ R. Eugene Holley Senator, 22nd District
/s/ Frank E. Coggin Senator, 35th District

Mr. Buck of the 84th moved that the report of the Committee of Confer ence 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 Atherton
Battle Bell
Bennett, Tom Black Bohannon
Bostick Brantley, H. H.
Brantley, H. L. Bray Brown, C. Buck Burruss Busbee Carter Chance Chandler
Chappell

Cheeks Clements Collier
Collins, M. Colwell
Coney, J. L. Conger Connell
Cook Dailey
Davis, E. T. Dean, Gib Dean, N. Dent Dixon Drury Ezzard Farrar Felton
Floyd, J. H.

Fraser Gary Grahl
Granade Grantham
Greer Griffin Hadaway
Ham Harrington
Harris Harrison Hawes Hays Hill, G. Hood Housley Howard Hudson, Ted
Hutchinson

2564
Jessup 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. Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton

JOURNAL OF THE HOUSE,

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 Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Strickland Sweat Toles Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bennett, J. T.

Cole

Egan

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Barfield Berry
Blackshear Bond Bowen Brown, B. D. Brown, S. P. Carr Collins, S.
Coney, G. D. Daugherty Davis, W. Dean, J. E.

Dorminy Edwards Evans Floyd, L. R.
Gaynor Geisinger Gignilliat
Gunter Hamilton
Hill, B. L.
Horton Howell Hudson, C. M. Isenberg
Jones, Herb Larsen, G. K. Longino

Mason Matthews, D. R. Rush
Smith, J. R. Snow Sorrells Stephens Thomason Thompson
Townsend Triplett Vaughn
Wamble Westlake Mr. Speaker

On the motion, the ayes were 143, nays 3.

TUESDAY, MARCH 9, 1971

2565-

The report of the Committee of Conference on HB 119 was adopted.

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:

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 penal ties for the violation of any of the provisions of this Chapter; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Natural Resources moves to amend Senate Bill No. 66 as follows:
Beginning with line 19 to be changed as follows:
"shall be liable to a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day during which such violation continues."

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. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P.

Burruss Busbee Chance Chappell Cheeks Clements Collier Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent

Dorminy Egan Evans Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Hadaway Ham Harrison

2566
Hawes Hays Hill, B. L. Hill, G. Horton Housley Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton 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 Mauldin

JOURNAL OF THE HOUSE,

Maxwell McCracken McDonald 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 Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan
Sherman Sims Smith, H. R. Smith, J. R. Sorrells Strickland Sweat Toles Townsend Triplett Tripp Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Cole Colwell

Dixon Harris

King

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. M. Berry Blackshear Bond Brown, B. D. Buck Carr Carter Chandler Collins, M. Collins, S. Dailey Dean, J. E.

Drury Edwards
Ezzard Farrar Floyd, J. H. Greer Hamilton Harrington Hood Howard Howell Hudson, C. M. Isenberg Lambert Longino

Matthews, C. Matthews, D. R. McDaniell Northcutt Rush
Shepherd Smith, V. T. Snow Stephens Thomason Thompson
Turner Mr. Speaker

TUESDAY, MARCH 9, 1971 On the passage of the Bill, as amended, the ayes were 147, nays 5.

2567

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

Mr. Drury of the 66th stated that he had been called from the floor of the House when the roll was called on SB 66, as amended, and wished to be re corded as voting "aye".

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", as amended, so as to provide that any person planning to con struct or operate facilities which may result in air pollution be required to obtain a permit; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 88-9 "Air Quality Control", approved April 14, 1967 (Ga. Laws 1967, p. 581), as amended so as to provide that any person planning to construct and operate fa cilities which may result in air pollution be required to obtain a permit; to provide for enforcement of the provisions of said Chapter by writ of injunction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 88-9 "Air Quality Control", approved April 14, 1967 (Ga. Laws 1967, p. 581), as amended, is hereby amended by adding two new subsections to be known as Section 88-903(a) (4) and (5), which new subsections shall read as follows:
"(4) Requiring that any person prior to beginning construction or modification of any facility which may result in injurious air pollution obtain a permit for construction or modificaton of such facility from the Department. Such permit shall be issued on evi dence satisfactory to the Department of compliance with the pro visions of this Chapter and any standards or rules and regulations promulgated by the Board.
(5) Requiring that any person operating any facility con structed or modified in accordance with such permit issued under subsection (a) (4) above, be required to obtain a permit for opera tion of such facility from the Department, provided, however, in the case of a modified facility, this subsection shall apply only to the modified portion of said facility. Said person shall within thirty (30) days of commencement of said operation complete perform-

2568

JOURNAL OF THE HOUSE,

ance tests and make application to the Department for an operating permit. Upon request, the Department may grant a reasonable ex tension of time to file said application for just cause. The Depart ment shall act on the application for a permit within thirty (30) days of the filing of same. Said applicant may operate such facility without a permit until such time as the Department has either ap proved the application and issued the permit or denied same, pro vided, however, no person shall operate such facility without a per mit for longer than thirty (30) days after commencement of said operation if said application is not made to the Department within the prescribed time. Such permit shall be issued on evidence satis factory to the Department of compliance with the provisions of this Chapter and any standards or rules and regulations promul gated by the Board. Such permit shall be subject to periodic review and shall be revocable on evidence of noncompliance, provided, how ever, such revocation shall be effected in accordance with the pro cedures established by Sections 88-913, 88-914 and 88-915 herein."
Section 2. Code Chapter 88-9 "Air Quality Control", approved April 14, 1967 (Ga. Laws 1967, p. 581), as amended, is hereby amended by adding a new Section to be known as Section 88-913A, which new Sec tion shall read as follows:
"88-913A, At any time after the issuance of a final order by the Department under the provisions of Section 88-913 of this Chapter, the Department may apply to the superior court of the county in which the defendant resides against whom substantial relief is prayed, or if said person is a corporation, to the superior court of the county in which the corportaion maintains its principal place of business, or if non-resident of this State, to the superior court of the county where the violation of said order is occurring to enjoin the construction or operation, or both, of any facility which results in a violation of such order."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alien 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 Carter Chance

Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Drury Egan Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton

TUESDAY, MARCH 9, 1971

2569

Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan 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 Matthews, C. Mauldin Maxwell McDaniell 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 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, V. T. Strickland Sweat Toles Triplett
Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs. Colwell and W. J. Lane.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Barfield Berry
Blackshear Buck

Carr Conger
Cook Dean, Gib Dean, J. E. Edwards

Evans Ezzard Farrar Gaynor Griffin Hamilton

2570
Howell Isenberg Lambert Levitas Longino Mason Matthews, D. R.

JOURNAL OF THE HOUSE,

McCracken McDonald Phillips, G. S. Pinkston Salem Smith, J. R. Snow

Sorrells Stephens Thomason Thompson Townsend Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 2.

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

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.

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 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 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 Drury Egan Farrar Felton Floyd, J. H. Floyd, L. R.

Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hays Hill, B. L. Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert

TUESDAY, MARCH 9, 1971

2571

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 McCracken Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith 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 Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Strickland Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Berry Buck Cole Dean, J. E. Edwards Evans Ezzard Hamilton Hawes Hill, G.

Hood Howard Longino Mason Matthews, D. R. Maxwell McDaniell McDonald Murphy Noble

Phillips, G. S. Pickard Pinkston
Savage Smith, J. R. Snow Sweat Thomason Thompson
Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 0.

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

2572

JOURNAL OF THE HOUSE,

By unanimous consent, HB 997 was ordered immediately transmitted to the Senate.

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.

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 Battle Bell Bennett, J. T. Black Black shear 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 Collins, M. Colwell Coney, G. D.

Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Farrar Felton Floyd, J. H. Fraser Gaynor Gignilliat Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hays Hill, B. L. Horton Housley Howell

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton 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 Matthews, C. Matthews, D. R. Mauldin Maxwell
Melton Merritt Miles Milford Miller

Moore Morgan Moyer Mulherin Mullinax
Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, L. L. Phillips, W. E. Poole Potts

TUESDAY, MARCH 9, 1971

2573

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 Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. King.

Those not voting were Messrs.:

Alexander, W. M. Bennett, Tom
Berry Brown, S. P. Buck Collier Collins, S. Dean, J. E. Edwards Egan Evans Ezzard Floyd, L. R.

Gary Geisinger Grahl Granade Harrison Hawes
Hill, G. Hood Howard Lambert Longino Mason McCracken

McDaniell McDonald Pearce Phillips, G. S. Pickard Pinkston Snow
Thomason Thompson Townsend Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 1.

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

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 of care of such patient shall be assessed the maximum amounts provided for herein; and for other purposes.

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

2574

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
Black Blackshear Bohannon Bond Bostick
Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr
Carter Chance Chandler 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, N. Dent Dixon Dorminy Drury Egan Ezzard Farrar Felton

Floyd, L. R.
Fraser Gary Gaynor Geisinger Gignilliat
Grahl Granade Grantham Greer Gunter Hadaway Ham Hamilton Harrington Harris Harrison
Hays Hill, G.
Hood Horton Housley Howell
Hudson, C. M. Hudson, Ted
Hutchinson
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
McDaniell McDonald
Melton
Merritt Miles Milford
Miller Moore Morgan
Moyer Mulherin Mullinax
Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson 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 Scarborough Shepherd
Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells
Stephens Strickland Sweat Toles Townsend Triplet* Tripp

Turner Vaughn Wamble Ware

TUESDAY, MARCH 9, 1971

2575

Westlake Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. M. Berry Brantley, H. H. Buck Burruss Collier Conger Dean, J. E. Edwards Evans

Floyd, J. H. Griffin Hawes Hill, B. L. Howard Isenberg Lambert Longino McCracken Patten

Pearce Phillips, G. S. Savage Shanahan Snow Thomason Thompson Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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, as amended, so as to implement a Con stitutional Amendment authorizing the increase of retirement benefits to retired persons who retire prior to April 1,1967; and for other purposes.
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 Battle Bell Bennett, J. T. Bennett, Tom Black

Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Carter

Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

2576
Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy 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. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson

JOURNAL OF THE HOUSE,

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 Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton
Merritt Miles Milford Miller
Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith
Northcutt Nunn Odom Oxford
Patterson

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 Scarborough Shepherd
Sherman Sims Smith, H. R.
Smith, J. R. Smith, V. T. Sorrells Stephens Strickland
Sweat Thompson Toles Townsend
Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson
Wood

Voting in the negative was Mr. King.

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Brantley, H. H.

Buck Burruss Collier Dean, J. E.

Drury Edwards Egan Evans

Hawes Knowles Lambert Longino Mason

TUESDAY, MARCH 9, 1971

2577

McDaniell Noble Patten Pearce Phillips, W. R.

Savage Shanahan Snow Thomason Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 1.

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

Mr. Buck of the 84th stated that he had been called from the floor of the H"aoyues"e. when the roll was called on SB 80, and wished to be recorded as voting

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.

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 Black Bohannon Bond Bostick 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.
Connell Cook Dailey
Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Ezzard

2578
Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Hadaway Ham Hamilton Harrington Harris Harrison Hays 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 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 Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston

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. Smith, V. T. Sorrells Stephens Strickland Sweat
Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble
Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mrs. Merritt.

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Bowen Brantley, H. H. Buck Collier Conger Dean, J. E. Edwards

Egan Evans Griffin Gunter Hawes Hill, B. L. Howard Lambert Longino Mason

Odom Phillips, W. R. Pickard Rush Russell, A. B. Snow Thomason Mr. Speaker

TUESDAY, MARCH 9, 1971 On the adoption of the Resolution, the ayes were 166, nays 1.

2579

The Resolution, having received the requisite constitutional majority, was adopted.

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, as amended, so as to provide that mem bers of said System shall become members of the Employees' Retire ment System 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.

Alexander, W. H. Barfield Battle Bell Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Colwell Conger Connell Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Felton Floyd, J. H. Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison 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
Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Matthews, C. Mauldin Maxwell

2580
McCracken McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Odom Oxford Patterson Patten

JOURNAL OF THE HOUSE,

Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush . Russell, A. B. Russell, H. P. Salem Shepherd Sherman Sims Smith, H. R.

Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, John Bennett, J. T. Bennett, Tom Collins, M. Collins, S.

Coney, G. D. Coney, J. L. Cook Dean, Gib Egan

Farrar Russell, W. B. Scarborough Townsend Westlake

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. M. Alien Atherton Berry Brantley, H. H. Burruss Collier Edwards Evans Ezzard

Granade Hawes Isenberg Kreeger Lambert
Leggett Levitas Longino Mason Matthews, D. R. McDaniell Merritt

Nunn Pearce Phillips, W. R.
Savage Shanahan
Smith, J. R. Snow Thomason
Toles Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 15.

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

SB 60. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that mem bers of the Georgia Legislative Retirement System shall become mem-

TUESDAY, MARCH 9, 1971

2581

bers of the Employees' Retirement System 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, Marvin Alexander, W. H. Atherton Barfield Battle Bell Berry Black Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Colwell Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Drury Evans

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. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson
Jessup Johnson Jones, J. R. Keyton King Knight Knowles Kreeger 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 Miles
Milford Miller Moore Morgan 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

2582
Rush Russell, A. B. Russell, H. P. Salem Savage Shepherd Sherman Sims Smith, H. R. Smith, J. R.

JOURNAL OF THE HOUSE,

Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Tripp Turner Vaughn

Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, John Bennett, J. T. Bennett, Tom Collins, S. Coney, G. D.

Coney, J. L. Dean, Gib Egan Jordan
Mason

Russell, W. B. Scarborough Townsend Westlake

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Alien Blackshear Brantley, H. H. Burruss Collier Collins, M. Dorminy Edwards

Ezzard Farrar Felton Hawes Hill, B. L. Isenberg Jones, Herb Lambert Lane, Dick Leggett

Le vitas Longino Merritt Moyer Phillips, W. R. Shanahan Snow Thomason Triplett Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 14.

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

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.

The report of the Committee, which was favorable to the adoption of the Eesolution, was agreed to.
On the adoption of the Resolution, the ayes were 125, nays 2.

TUESDAY, MARCH 9, 1971

2583

The Resolution, having received the requisite constitutional majority, was adopted.

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, partner ship, 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.

The following amendment was read and adopted:
Mr. Reaves of the 71st moves to amend SB 110 by striking the words "meat or meat food" on line 18 of Section 1 and by adding "beef or beef food.'";
By adding on line 19, Section 1 after the word "which" and before the word "is" the following:
"has not been graded and which";
and by adding on line 20, Section 1 after the word "good" and before the word "any" the following:
"and which did not originate in the State of Georgia".

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

Those voting in the affirmative were Messrs.

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, 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.

2584
Coney, J. L. Conger Connell Dailey Daugherty Dean, N. Dent Dixon Dorminy Drury Egan Evans Davis, E. T. Davis, W. Felton Floyd, J. H. Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Housley Howard Hudson C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb

JOURNAL OF THE HOUSE,

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 Lowrey Marcus 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. Pickard Pinkston Poole Potts Rainey Reaves Roach 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 Toles Townsend Triplett
Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Blackshear Bond Cook Dean, Gib Dean, J. E. Edwards Ezzard Farrar Greer

Hadaway Hood Horton Howell Isenberg Lambert Leggett Mason McDonald

Ross Russell, W. B. Shepherd Thomason Thompson Ware Mr. Speaker

TUESDAY, MARCH 9, 1971

2585

On the passage of the Bill, as amended, the ayes were 170, nays 0.

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

SB 108. By Senators Garrard of the 37th and Walling of the 42nd: A Bill to be entitled an Act to amend Code Chapter 26-21, relating to distributing obscene matter, as amended, so as to substantially change said Code Chapter; and for other purposes.
The report 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 4.

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

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend Senate Bill No. 62 as follows:
By adding in Section 1, Page 2, line 19, after the word "and" and before the word "conclude" the words "the defendant shall", and by striking the comma in said section after the word "jury" on line 20, Page 2, and substituting a period.
and by striking the remainder of the underlined language on line 20 through the word "closed" on line 23.

The following amendment was read and adopted:
Mr. Gunter of the 6th moves to amend SB 62 by adding in Section 1, page 1, line 20 after the word "and" and before the word "conclude" the words "the defendant shall";

2586

JOURNAL OP THE HOUSE,

By striking the comma in said Section after the word "jury" on line 21 of page 1 and inserting in lieu thereof a period;

and by striking the remainder of the sentence ending with the word "closed" on line 24.

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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed^ as amended.

SB 291. 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 governing and regulating the use of Public roads and highways of this State, so as to provide for clarification of the distribution of the money arising from fines and forfeitures; and for other purposes.

Mr. Vaughn of the 74th moved that SB 291 be recommitted to the Committee on Highways for further study.
The motion prevailed and SB 291 was recommitted to the Committee on Highways for further study.
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", 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.
The following Committee amendment was read and adopted:
The Committee on Natural Resources moves to amend SB 248 as follows:
By inserting in the title on line 6 of page 1, between the word "State" and the word "shall", the following words:
", except by providential cause,";

TUESDAY, MARCH 9, 1971

2587

and by inserting in line 22 of page 2, between the word "State" and the word "in", the words:

", except by providential cause,"

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 Battle Bell
Bennett, J. T. Berry Black Bohannon
Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S.
Coney, J. L. Conger Connell Cook
Dailey Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dent
Dorminy
Drury Egan Ezzard
Parrar 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. Housley 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 Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McCracken McDonald
Melton Merritt Miles Milford Miller
Moore Morgan Moyer Mulherin Mullinax
Nessmith
Noble Northcutt Nunn

2588
Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross

JOURNAL OF THE HOUSE,

Rush Russell, W. B. Salem Savage Shanahan Shepherd Sherman 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 Whitmire Williams Wilson Wood

Voting in the negative were Messrs. E. T. Davis and Dixon.

Those not voting were Messrs.:

Alexander, W. H. Barfield Bennett, Tom Blackshear Bond Bostick Brown, B. D. Buck Carter Colwell Coney, G. D.

Daugherty Edwards Evans Gunter Hood Horton Howard Isenberg Leggett McDaniell Murphy

Oxford Poole Russell, A. B. Russell, H. P. Scarborough Sims Sweat Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 162, nays 2.

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

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.

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

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

TUESDAY, MARCH 9, 1971

2589

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 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, J. E.
Dean, N.
Dent
Dixon
Dorminy
Drury
Evans
Ezzard

Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Gei singer Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays 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
Lane, Dick
Lane, W. J.
Larsen, G. K.
Lee, W. S.
Levitas
Lewis
Logan
Longino
Lowrey
Marcus
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 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.
Snow
Sorrells
Stephens
Strickland
Sweat

2590
Thomason Thompson Toles Triplett Tripp

JOURNAL OF THE HOUSE,

Turner Vaughn Wamble Westlake Wheeler, Bobby

Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Bostick
Bowen Buck Colwell
Dean, Gib Edwards Egan

Gary Gunter
Hill, B. L. Isenberg Lambert
Larsen, W. W. Lee, W. J. (Bill) Leggett

Mason Matthews, D. R.
Moore Murphy Russell, H. P.
Townsend Ware Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
Mr. Hill of the 94th stated that he had been called from the floor of the House when the roll was called on SB 250, and wished to be recorded as voting "aye".

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", 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.
The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend SB 249 by adding at the end of the quoted language of Section 1 the following:
"Provided, however, that this Section shall apply only to orders imposing monetary penalties."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 9, 1971

2591

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 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 Dixon Dorminy Drury 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 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. Levitas Lewis Logan Longino
Lowrey Marcus Mason

Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nes smith 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, 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

2592
Tripp Turner Vaughn Wamble

JOURNAL OF THE HOUSE,

Ware Westlake Wheeler, Bobby Whitmire

Williams Wilson Wood

Those not voting were Messrs.:

Blackshear Colwell Edwards Ezzard Gaynor Gignilliat Isenberg

Larsen, W. W. Leggett Matthews, D. R. Moore Murphy Pickard Russell, A. B.

Russell, H. P. Townsend Triplett Wheeler, J. A. 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.

SB 290. 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 "Children and Youth Act", as amended, so as to provide that the Division for Children and Youth may provide both routine and emergency medical services to children under its supervision without parental consent; and for other purposes.

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. M. Atherton
Barfield Bell Bennett, J. T. Bennett, Tom

Berry Black Bohannon
Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray 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 Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser
Gary
Gaynor
Geisinger
Grahl
Granade
Grantham
Greer
Griffin
Gunter
Hadaway
Ham
Hamilton
Harrington
Harris
Harrison
Hawes
Hays
Hill, G.
Hood
Housley

TUESDAY, MARCH 9, 1971

2593

Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson 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. 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
Nessmith
Noble
Nunn

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

Those voting in the negative were Messrs.:

Alexander, W. H. Bond

Daugherty Egan

Hill, B. L. Phillips, W. R.

2594

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alien Battle Blackshear Brown, B. D. Buck Colwell Edwards Ezzard Gignilliat

Horton Howell Isenberg Jones, Herb Jordan Leggett Murphy Northcutt Pickard

Russell, A. B. Russell, H. P. Savage Sweat Townsend Triplett Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 6.

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

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 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.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Mili tary Forces Reorganization Act of 1955", approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to change the qualifications of the Assistant Adjutants General; to provide that Assistant Adjutants General shall serve at the pleasure of the Governor; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Georgia Military Forces Reor ganization Act of 1955", approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, is hereby amended by striking Section 25 in its entirety and inserting in lieu thereof a new Section 25, to read as follows:
"Section 25. Assistant Adjutants General; eligibility, appoint ment, compensation and tenure. The Governor shall appoint an As sistant Adjutant General for Army and an Assistant Adjutant Gen eral for Air, to assist the Adjutant General in the discharge and

TUESDAY, MARCH 9, 1971

2595

performance of his duties. Each of the said Assistant Adjutants General shall, upon appointment, be a federally recognized officer with the rank of Lieutenant Colonel or higher, with not less than five years of continuous service in the Army or Air National Guard of Georgia. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as Assistant Adju tant General for Army or Air, as appropriate, provided that said officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as ap propriate, and attained the rank of Lieutenant Colonel or higher, and provided further the appointment of said officer shall be with in five years of the date of his retirement or resignation and prior to his attaining age 60. Each of the said Assistant Adjutants Gen eral shall have the rank of Brigadier General. Each of said officers shall receive the pay and allowances of a Brigadier General as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the Adjutant General, and until his suc cessor is appointed and qualified as provided by law, the Assistant Adjutant General, senior in rank, shall perform the duties required of the Adjutant General in connection with the Military Division, but he shall perform no duties in connection with the Civil Defense Division as provided by law. Assistant Adjutants General shall hold no other State office, and they shall serve at the pleasure of the Governor."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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

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

Those voting in the affirmative were Messrs.:

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, S. P.

Buck Carr Chandler Chappell Clements Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

2596
Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Egan Parrar Felton Ployd, L. R. Praser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harris Harrison Hays Hill, B. L. Hill, G. Hood Horton Howell Hudson, C. M. Hudson, Ted Hutchinson

JOURNAL OP THE HOUSE,

Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy 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, J. R. Smith, V. T. Snow Sorrells Stephens Thomason Thompson Toles Tripp Turner Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.

Brown, C. Burruss Chance Cole

Floyd, J. H. Jones, Herb Kreeger Lane, W. J.

Lewis Longino Miles

Those not voting were Messrs.:

Alien Atherton Busbee Carter

Cheeks Collier Drury Edwards

Evans Ezzard Harrington Hawes

Housley Howard Isenberg Larsen, W. W. Leggett McDaniell

TUESDAY, MARCH 9, 1971

2597

Merritt Nessmith Phillips, L. L. Phillips, W. R. Strickland Sweat

Townsend Triplett Vaughn Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 11.

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

Mr. Gignilliat of the 89th moved that HB 137, by substitute, be immediately transmitted to the Senate.

The motion prevailed and HB 137, by substitute, was ordered immediately transmitted to the Senate.

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

HB 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 pro visions 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 Speaker Pro Tern announced the House recessed until 1:45 o'clock, P.M.
AFTERNOON SESSION
The Speaker Pro Tern called the House to order.

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

2598

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, as amended, 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.

The following substitute, offered by Mr. Brown of the 81st, was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a juvenile court system for the State of Georgia, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1013), so as to provide that the juvenile court may refer the jurisdiction of certain questions to the referring superior court; to authorize superior court judges sitting as juvenile court judges to hold hearings at any place within the judicial circuit; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a juvenile court system for the State of Georgia, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1013), is hereby amended by adding at the end of subsection (2) of Section 10 the following:
"At any time prior to the determination of such question, the juvenile court may transfer the jurisdiction of such question back to the referring superior court.",
so that when so amended, subsection (2) shall read as follows:
"(2) Courts of record in handling divorce or habeas corpus cases involving the custody of a child or children, may transfer the question of the determination of custody and support to the juvenile court for investigation and report back to the superior court or for investigation and determination. The juvenile court then shall proceed to handle the matter in the same manner as though the action originated under this Act, in compliance with the order of the superior court. At any time prior to the determination of such question, the juvenile court may transfer the jurisdiction of such question back to the referring superior court."
Section 2. Said Act is further amended by adding at the end of the last sentence in Section 21, the following:
"Provided, that in those counties in which the superior court judge sits as juvenile court judge, hearings may be held at any county within the judicial circuit in which such judge presides.",
so that when so amended, Section 21 shall read as follows:

TUESDAY, MARCH 9, 1971

2599

"Section 21. Hearings without a jury; exclusive of public.--The court shall have the power, upon the hearing of any case involving any child, to exclude the general public from the room wherein said hearing is held, admitting thereto only such persons as may have a direct interest in the case. All cases of children shall be dealt with at separate hearings by the court and without a jury. The hearings may be adjourned from time to time. The probation officer's investi gation, along with other evidence submitted in court, may be used by the judge in reaching a decision for dispositional purposes for the best interest and future welfare of the child involved. The gen eral public shall be excluded and only such persons admitted as the judge shall find to have a direct interest in the case or in the work of the court. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings may be held at any time or place within the county designated by the judge. Provided, that in those counties in which the superior court judge sits as juvenile court judge, hearings may be held in any county within the judicial circuit in which such judge presides."

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

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bennett, Tom Black Bohannon Bond Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Carr Carter Chance

Chandler Chappell Cheeks Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib T/aan, N. Dent Dixon Dorminy Egan Evans

Farrar Pelton Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Griffin Ham Harrington Harris Harrison Hays Hill, B. L. Hill, G. Hood Horton Housley Howard

2600
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 Longino Lowrey Mason Matthews, C.

JOURNAL OP THE HOUSE,

Mauldin Maxwell McDaniell Miles Milford Miller Moyer Mulherin Mullinax Nessmith Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, L. L. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross

Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shepherd Shewn an Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Thompson Townsend Triplett Tripp Turner Vaughn Wheeler, J. A. Whitmire Williams Wilson

Voting in the negative was Mr. W. R. Phillips.

Those not voting were Messrs.:

Barfield Bell Bennett, J. T. Berry Blackshear Bostick Bowen Brantley, H. H. Brown, C. Busbee Collier Collins, S. Colwell Cook Dudley Dean, J. E. Drury Edwards Ezzard

Ployd, J. H. Floyd, L. R. Geisinger Greer Gunter Hadaway Hamilton Hawes Howell Hudson, C. M. Isenberg Leggett Marcus Matthews, D. R. McCracken McDonald Melton Merritt Moore

Morgan Murphy Noble Oxford Phillips, G. S. Russell, H. P. Shanahan Snow Strickland Thomason Toles Wamble Ware Westlake Wheeler, Bobby Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 1.

TUESDAY, MARCH 9, 1971

2601

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

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, as amended, 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.

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

On the passage of the Bill, the ayes were 103, nays 0.

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

SB 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.

By unanimous consent, further consideration of SB 134 was postponed until March 10, 1971.

Mr. Lambert of the 25th assumed the Chair.

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 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, 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 examination; and for other purposes.

2602

JOURNAL OF THE HOUSE,

An amendment, offered by Mr. Sweat of the 65th, was read and lost.

The following amendment was read:

Mr. Sweat of the 65th moves to amend SB 112 as follows:
By inserting in the title, beginning on line 15 of page 1, following the words "accompanying deposit;", the following:
"to amend Code Title 9-1, relating to attorneys at law, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), so as to provide that any applicant who does not make a passing score on any Bar examination shall be furnished with a list of point values of each question and the points which said applicant received on the examination which he took;".
By renumbering Section 5, beginning on line 1 of page 3, as Sec tion 6.
By inserting, following Section 4, a new Section, to be known as Section 5, to read as follows:
"Section 5. Code Title 9-1, relating to attorneys at law, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), is hereby amended by inserting therein a new Code Section, to be known as Code Section 9-110A, to read as fol lows:
'9-110A. Any applicant for admission to the Bar who shall fail the examination required by this Title shall be furnished with a list of the point values of each question contained in said examina tion and a list of the points which said applicant received on said examination.' "

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, John Bennett, Tom Bohannon Brantley, H. L. Brown, C. Brown, S. P. Carter Chandler Collins, M. Collins, S. Coney, G. D. Davis, E. T.

Davis, W. Dean, N. JQfent Dixon Dorminy Evans Grantham Gunter Hadaway Harris Hill, B. L. Hill, G.

Housley Howard Hudson, Ted Johnson Jones, J. R. King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lowrey Mauldin

McDaniell Melton Milford Miller Moore Nessmith Northcutt Patterson Peters

TUESDAY, MARCH 9, 1971

2603

Phillips, G. S. Pinkston Rush Russell, A. B. Salem Savage Scarborough Sims Smith, H. R.

Strickland Sweat Thomason Toles Triplett Wamble Wheeler, Bobby Wilson

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bostick Bowen Brantley, H. H. Bray Buck
Busbee Carr Chance Chappell Cheeks Clements Cole Collier Coney, J. L. Conger Connell Cook Daugherty Dean, Gib Egan Parrar Pelton Floyd, J. H. Ployd, L. R. Fraser

Gary Gaynor Gei singer Gignilliat Grahl Granade Greer Griffin Ham Hamilton Harrison Hawes Hays Horton Howell Hudson, C. M. Hutchinson Jessup Jones, Herb Jordan Keyton Knight Knowles Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Longino Mason Matthews, C. Matthews, D. R. Maxwell

McCracken
Miles Moyer Mulherin Murphy Noble Nunn Odom Oxford Patten Potts Rainey Reaves Roach Ross Russell, H. P. Russell, W. B. Shanahan Shepherd Sherman Smith, J. R. Snow Sorrells Stephens Tripp Turner Vaughn Westlake Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Adams, Marvin Berrv Black Blackshear Bond Brown, B. D.

Burruss Colwell Dailey Dean, J. E. Drury Edwards

Ezzard Harrington Hood Isenberg Lambert Leggett

2604
Marcus McDonald Merritt Morgan Mullinax

JOURNAL OF THE HOUSE,

Pearce Phillips, L. L. Phillips, W. R. Pickard Poole

Smith, V. T. Thompson Townsend Ware Mr. Speaker

On the adoption of the amendment, the ayes were 62, nays 100.

The amendment was lost.

The following amendment was read and adopted:
Mr, King of the 86th moves to amend SB 112 by adding at the end of line 13, page 2, Section 1 the following:
"provided such fee shall not exceed $45.00".

An amendment, offered by Messrs. Lane of the 101st and Savage of the 104th, was read and lost.
The following substitute, offered by Messrs. Matthews of the 16th and Mur phy of the 19th, was read:
A BILL
To be entitled an Act to amend Code Section 9-103, relating to qualifications and residence requirements of applicants for the State Bar Examination, as amended, so as to provide that graduates of na tionally accredited law schools shall not be required to stand or pass a Georgia Bar Examination; to provide the procedures for admission to the State Bar of Georgia by such graduates; to amend Code Section 9-105, relating to appointment by the Supreme Court of five Bar Ex aminers, as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), so as to provide for the appointment, qualifications, compensation, fees and expenses of such Examiners and the fees for taking the State Bar Examination; to repeal Code Section 9-106, re lating to the terms of members of the Board of Bar Examiners; to re peal Code Section 9-113, as amended by the aforesaid Act of 1952, re lating to the fees for taking the Bar Examination and the disposition thereof; to repeal Sections 1 and 2 of the Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 368), relating to presen tation of the application to the Judge of the Superior Court, the form thereof, and the accompanying deposit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

TUESDAY, MARCH 9, 1971

2605

Section 1. Code Section 9-103, relating to qualifications and resi dence requirements of applicants for the State Bar Examination, as amended, is hereby amended by adding at the end thereof a new sub section, to be designated subsection (g), to read as follows:

"(g) Notwithstanding any other statute or rule of law, any graduate of a law school which is accredited by the American Bar Association Section on Legal Education and Admission to the Bar and the Association of American Law Schools shall not be re quired to stand or pass a Georgia Bar Examination, but shall be ad mitted to the State Bar of Georgia upon a certificate from the Dean of any such law school stating that he is a graduate of such nationally accredited law school, but such person shall be required to meet all of the other provisions of this Code Section relating to qualifications."
Section 2. Code Section 9-105, as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), relating to appointment by the Supreme Court of five Bar Examiners, is hereby amended by strik ing said Section and substituting in lieu thereof the following:

"9-105. It shall be the duty of the Justices of the Supreme Court to appoint and fix the number, terms and compensation of the Examiners, whose powers and duties shall be as set forth by the Supreme Court by rule. The members of the Board of Examiners shall be learned and experienced attorneys at law of generally recognized ability and integrity. All salaries, fees and other ex penses incurred in administering the State Board of Bar Examiners and the examinations conducted by such Board shall be paid by the Supreme Court from an appropriation made to the Supreme Court for that purpose. All fees paid by applicants for admission to the Bar by examination shall be paid into the general funds of the Treasury. The Supreme Court shall by rule set the amount of the examination fee to be paid by applicants for admission to the Bar by examination and to direct to whom and when such fee shall be paid."
Section 3. Code Section 9-106, relating to the terms of members of the Board of Bar Examiners, is hereby repealed.

Section 4. Code Section 9-113, as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), relating to the fees for taking the Bar Examination, and the disposition thereof, is hereby re pealed.

Section 5. Sections 1 and 2 of the Act relating to presentation of applications for admission to the Bar of Georgia, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 368), which sections relate to presentation of the application to the Judge of the Superior Court, and the form thereof and deposit to accompany same, are hereby re pealed.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

2606

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Ham of the 33rd moves to amend the Matthews and Murphy substitute to SB 112 by adding after the word "any" on line 4 of page 2 the word "future".

The following amendment was read:

Mr. Melton of the 32nd moves to amend the Matthews and Murphy substitute to SB 112 by inserting on line 7 of page 2 after the word "Schools" the words "and located in Georgia".

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 Bennett, Tom Berry Black Bohannon Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Clements Cole Colwell Coney, G. D. Conger Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Djixon Dorminy Evans Farrar Floyd, J. H. Floyd, L. R. Gary Grahl Granade

Grantham Greer Griffin Hadaway Ham Harris Harrison Hays Hill, B. L. Hill, G. Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Johnson King Knight Knowles Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Matthews, C. Mauldin Maxwell Melton Merritt Milford Miller Moore

Morgan Moyer Murphy Northcutt Odom Patterson Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Rush Russell, W. B. Salem Scarborough Shepherd Sims Smith, H. R. Smith, J. R. Snow Stephens Sweat Thomason Toles Triplett Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Wilson

TUESDAY, MARCH 9, 1971

2607

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Cheeks Collier Collins, S. Coney, J. L. Cook Daugherty Dean, Gib

Drury Egan Felton Fraser Gaynor Geisinger Gignilliat Hamilton Hawes Horton Howell Jones, Herb Jones, J. R. Jordan Keyton Levitas Lewis Mason Matthews, D. R. McCracken

Miles Mulherin Nessmith Noble Nunn Oxford Patten Ross Russell, A. B. Russell, H. P. Shanahan Sherman Sorrells Thompson Tripp Turner Westlake Whitmire Williams Wood

Those not voting were Messrs.:

Blackshear Bond Brown, B. D. Burruss Collins, M. Dailey Edwards Ezzard Gunter

Harrington Hood Isenberg Jessup Kreeger Lambert Leggett Longino McDaniell

McDonald Mullinax Phillips, G. S. Savage Smith, V. T. Strickland Townsend Ware Mr. Speaker

On the adoption of the amendment, the ayes were 108, nays 60.

The amendment was adopted.

The following amendments were read and adopted:
Mr. King of the 86th moves to amend the Matthews and Murphy substitute to SB 112 by adding at the end of line 94, page 3 of Section 2 the following:
"provided the fee shall not exceed $45.00."
Mr. Vaughn of the 74th moves to amend the Matthews and Murphy substitute to SB 112 by inserting on line 4, page 2 after the word "school" the following language:
"subsequent to 1970".

2608

JOURNAL OF THE HOUSE,

On the adoption of the Matthews and Murphy substitute, as amended, the roll was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Atherton Bennett, Tom Bohannon Bostick Bowen Brantley, H. L. Buck Chance Chandler Cole Collins, M. Conger Connell Davis, E. T. Dean, N. Dent Floyd, J. H. Grahl Grantham

Greer Griffin Harris Harrison Hill, B. L. Hudson, Ted Hutchinson Johnson King Lane, Dick Lane, W. J. Logan Lowrey Marcus Matthews, C. Mauldin Maxwell Melton Milford Miller Moore

Murphy Northcutt Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Rush Scarborough Sims Smith, J. R. Smith, V. T. Stephens Sweat Thomason Triplett Turner Vaughn Wamble

Those voting in the negative were Messrs.:

Alexander, W. H. Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T. Black Bond Brantley, H. H. Bray Brown, C. Brown, S. P. Busbee Carr Carter Chappell Cheeks Clements Collier Collins, S. Coney, G. D. Coney, J. L. Cook Djaugherty

Davis, W. Dean, Gib Dean, J. E. Dixon Dorminy Drury Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Gunter Ham Hamilton Hawes Hays Hill, G. Hood

Horton Housley Howard Howell Hudson, C. M. Jessup Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Kreeger Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Mason Matthews, D. R. McCracken McC'aniell Miles Morgan

Mulherin Nessmith
Noble Nunn Odom Oxford Patten Peters Poole Potts Roach

TUESDAY, MARCH 9, 1971

2609

Ross Russell, A. B.
Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Smith, H. R. Snow

Sorrells Strickland
Thompson Toles Tripp Westlake Wheeler, Bobby Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, G. D. Berry Blackshear
Brown, B. D.
Burruss
Colwell Dailey Edwards

Hadaway Harrington Isenberg
Lambert
Larsen, W. W.
Leggett McDonald Merritt

Moyer Mullinax Phillips, W. R.
Pickard
Townsend
Ware Wheeler, J. A. Mr. Speaker

On the adoption of the Matthews and Murphy substitute, as amended, the ayes were 63, nays 108.

The substitute, as amended, 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:

Those voting in the affirmative were Messrs.:

Adams, G. D.
Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bond Brantley, H. H. Brown, C. Brown, S. P. Buck

Burruss
Busbee Carr Carter Clements Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger

Connell
Cook Daugherty Davis, W. Dean, Gib t)ean, N. Dixon Drury Egan Evans Farrar

2610
Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Greer Griffin Gunter Ham Hamilton Hawes Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted

JOURNAL OF THE HOUSE,

Hutchinson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Larsen, G. K. Lee, W. S. Levitas Lewis Logan Marcus Matthews, C. McCracken McDaniell McDonald
Melton
Morgan Moyer

Nunn
Odom Oxford Peters Phillips, G. S. Ross Russell, A. B. Russell, H. P. Shanahan
Sherman Sims Snow Sorrells Vaughn Wamble Westlake Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Alien Barfield Bennett, J. T. Bennett, Tom Black Bohannon Bostick Bowen Brantley, H. L. Bray Chance Chandler Chappell Cheeks Cole Davis, E. T. Dent Dorminy Floyd, J. H. Grahl Grantham Harris Harrison

Hays Isenberg Jessup Johnson Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Longino Lowrey Mason Matthews, D. R. Mauldin Maxwell Merritt Miles Milford Miller Moore Mulherin Murphy Nessmith Noble Northcutt Patterson

Patten Pearce Phillips, L. L. Pinkston Poole Potts Reaves Rush Salem Savage Scarborough Smith, H. R. Smith, J. R. Smith, V. T. Stephens Sweat Thompson Toles Triplett Tripp Turner Wheeler, Bobby Wheeler, J. A.

TUESDAY, MARCH 9, 1971

2611

Those not voting were Messrs.:

Berry Blackshear Brown, B. D. Colwell Dailey Dean, J. E. Edwards Ezzard Hadaway

Harrington Hood Lambert Larsen, W. W. Mullinax Phillips, W. R. Pickard Rainey Roach

Russell, W. B. Shepherd Strickland Thomason Townsend Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 97, nays 73.

The Chair voted "aye".

On the passage of the Bill, as amended, the ayes were 98, nays 73.

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

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 618. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the uses 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.

Mr. Vaughn of the 74th moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Vaughn of the 74th, McDaniell of the 117th and Dean of the 19th.

2612

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of consider ing the Senate's insistence on its position in substituting the same:

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 Edu cation; and for other purposes.

Mr. Moore of the 6th 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, Phillips of the 50th, Farrar of the 77th and Moore of the 6th.

The following Resolution of the House was read and adopted:

HR 394. By Mr. Ware of the 30th:
A RESOLUTION
Commending Dr. Dan Callahan; and for other purposes.
WHEREAS, Dr. Dan Callahan is President of Chapter 296 of the Air Force Association of Warner Robins, Georgia; and
WHEREAS, he has given freely of his time and talents to promote the release of Prisoners of War and Persons Missing in Action in South east Asia; and
WHEREAS, it was his idea to arrange a program and invite na tional speakers to publicize the plight of Georgia and American service men who are Prisoners of War or Missing in Action in Southeast Asia; and
WHEREAS, at his suggestion the Defense and Veterans Affairs Committees of the House and Senate agreed to conduct a public hearing and invite national speakers to testify; and

TUESDAY, MARCH 9, 1971

2613

WHEREAS, the public hearing and the outgrowth of the public hearing, a gigantic Christmas Party sponsored by members of the Gen eral Assembly for the children of Georgia POW-MIA's, were both re
sounding successes; and

WHEREAS, he is responsible for the members of the General Assembly becoming involved in the prisoner of war issue, and, as a re sult, this body has adopted a Resolution directed to the legislatures of each of the other 49 states urging them to sponsor a public hearing similar to the one this body conducted in Georgia; and another Resolu tion directed to the signatories of the Geneva Convention of 1954 urging them to exert their influence to persuade the Government of North Viet Nam to treat our Prisoners of War more humanely in accordance with the rules of the Geneva Convention; and

WHEREAS, Dr. Callahan is to be congratulated for his selfless efforts on behalf of the Prisoners of War and Persons Missing in Action, in Southeast Asia and their families.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its heartiest congratulations and commendations to Dr. Dan Callahan for his untiring role on behalf of the Prisoners of War and Persons Missing in Action in Southeast Asia and their families.

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 Dr. Dan Callahan.

Mr. Floyd of the 7th arose to a point of personal privilege and addressed the House.
Mr. Matthews of the 16th assumed the Chair.

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

SB 311. Do Pass, as Amended.

SB 170. Do Pass.

Respectfully submitted,

Vaughn of the 74th,

Chairman.

2614

JOURNAL OF THE HOUSE,

Mr. McCracken of the 36th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 1045. Do Not Pass.

SB 177. Do Pass.

Respectfully submitted,

McCracken of the 36th,

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

SB 278. Do Pass.

Respectfully submitted,

Levitas of the 77th,

Chairman.

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

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

WEDNESDAY, MARCH 10, 1971

2615

Representative Hall, Atlanta, Georgia Wednesday, March 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.

Prayer was offered by Rev. William L. Rainwater, Pastor, Virginia Avenue Baptist Church, Atlanta, Georgia.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield 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 Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W.

Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Egan Evans Ezzard Farrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Hood 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. Leggett 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

2616
Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole

JOURNAL OP THE HOUSE,

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. Sorrells

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

Mr. Milford 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 following was established as the order of business

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 10, 1971, and submits the following:
HB 200. Public Safety, Director's Compensation. SB 7. Property, Good Title Adverse Possession.

WEDNESDAY, MARCH 10, 1971

2617

SB 36. Deputy Registrars, High School Principal. SB 40. Judges, Retired, Practice Law. SB 53. Floor Leader, Change to Majority Leader. SR 62. Alcoholic Rehabilitation Center, Milledgeville. SB 64. Retirement System, Members. SR 64. Appalachian National Scenic Trail. SB 68. Motor Vehicle, Visible Emissions. SB 71. Alcoholics and Drug Addicts, Hospitalization P.P. SR 71. Convey Property, Hart County. SB 83. Retirement System, Service Credit. SB 84. Retirement System, Appellate Judges. SB 93. Inmates, Special Leave. SR 114. Highway Contracts, Architects & Engineers. SB 129. Governor, Transfer of Executive Power. SB 131. Motor Vehicle, Devices Atmospheric Emissions. SB 134. G.B.I., Qualification for Employment P.P. SB 139. Motor Vehicle, Transport Loads (Reconsidered). SB 146. Tractors, Exempt Muffler Requirement. SB 148. Mentally 111, Hospitalization. SB 151. Personnel Board, Merit System. SB 153. Citizens Environmental Council, Create. SB 162. Veterans, Handicapped, Ad Valorem Taxes. SB 224. County Sheriffs, Longevity Increases. SB 238. Workmen's Compensation, Right of Subrogation. SB 246. Race Tracks, Comply with Rules. SB 254. Disabled Veterans, Business License Tax. SB 289. Public Assistance, Final Decisions. SB 311. State Highway Board, Committee Meetings.

ALL COMPENSATION RESOLUTIONS

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

2618

JOURNAL OF THE HOUSE,

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

HB 1091. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to authorize the county governing1 authorities to create solid waste management districts for the purpose of collecting and disposing of solid waste; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1092. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend Code Section 61-402, relative tohow warrants are issued and executed, so as to increase the sum for which property levied upon must be returned to the sheriff under dis tress warrants for rent; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1093. By Messrs. Burruss, Housley, Kreeger, Wilson and McDaniell of the 117th: A Bill to be entitled an Act to amend Code Section 24-601, relative to enumeration of duties in general of Justices of the Peace, so as to increase the penalties a Justice of the Peace may impose for con tempt; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1094. By Mr. Burruss of the 117th: 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 justices of the peace; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1095. By Mr. Atherton of the 117th: A Bill to be entitled an Act to amend an Act authorizing planning commissions, so as to authorize municipal governing authorities to provide for the inclusion of unincorporated territory within the plan ning and zoning jurisdiction of the municipality; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HR 395-1095. By Messrs. Burruss, Housley, Kreeger, Wilson and McDaniell of the 117th: A Resolution proposing an amendment to the Constitution so as to in-

WEDNESDAY, MARCH 10, 1971

2619

crease the dollar amount of civil cases over which the Justices of the Peace shall have jurisdiction; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1096. By Mr. Scarborough of the 81st:
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 exclude from the imposition of sales and use taxes personal property intended for shipment into other states and warehouses in this State; and for other purposes.
Referred to the Committee on Ways and Means.

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

HB 1090. By Messrs. Davis and Westlake of the 75th, Larsen of the 113th and Jones of the 4th:
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 vehicles except under certain circumstances; and for other purposes.

SB 75. Senators Webb of the llth and Bateman of the 27th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the minimum retire ment benefit percentage rate as relates to the Department of Public Safety; and for other purposes.

SR 89. By Senators London of the 50th and Walling of the 42nd:
A Resolution endorsing the proposal to designate the Chattooga Rivei as a component of the National Wild and Scenic Rivers System; and for other purposes.

SR 115. By Senator Holloway of the 12th:
A Resolution directing the State Revenue Commissioner to conduct a study and to submit a report to the next regular session of the General Assembly on minimum certification standards for tax assessing officials; and for other purposes.

SB 278. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act relating to municipal annexation, so as to prohibit annexation across county boundary lines under such Act; and for other purposes.

2620

JOURNAL OF THE HOUSE,

SB 317. By Senator Spinks of the 9th:
A Bill to be entitled an Act to provide for new terms of office of the members of the Tift County Board of Education; and for other purposes.

SB 329. By Senator Webb of the llth:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary and the Clerk of the Superior Court of Miller County, known as the fee system; to provide in lieu thereof annual salaries for said officers; and for other purposes.

SB 244. By Senator Walling of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, so as to provide that the affidavit of the landlord shall state the amount and periodic rate of rent allegedly due, the period for which the rent is due and the address and phone number of the landlord; and for other purposes.

SB 303. By Senator Walling of the 42nd:
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.

SB 308. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to provide the circum stances under which certain persons may be issued a certificate of qualification as a journeyman plumber without the necessity of standing the required examination; and for other purposes.
SB 330. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act placing the sheriff of Miller County on an annual salary in lieu of the fee system of com pensation, so as to change the salary of the sheriff; and for other purposes.
SB 331. By Sentaor Webb of the llth: A Bill to be entitled an Act to reincorporate the City of Donalsonville in the County of Seminole; to create a new charter for said city; and for other purposes.
Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:

WEDNESDAY, MARCH 10, 1971

2621

Mr. Speaker:

Your Committee on Judiciary 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 155. Do Pass, as Amended.

SB 216. Do Pass.

SB 105. Do Pass.

Respectfully submitted,

Snow of the 1st,

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 con sideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HR 371-1075. Do Pass.

Respectfully submitted,

Chandler of the 34th,

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 reconv mendations:

HR 388-1084. Do Pass.

SB

14. Do Pass.

SB

195. Do Pass.

SB

236. Do Pass.

SB

320. Do Pass.

HB 1073. Do Pass, by Substitute.

HB 1078. Do Pass.

2622
HB HB HB HB HB HB

JOURNAL OF THE HOUSE,

1079. Do Pass. 1080. Do Pass. 1081. Do Pass. 1082. Do Pass. 1084. Do Pass. 1084. Do Pass.

Respectfully submitted, Levitas of the 77th, 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 Senate and has instructed me to report same back to the House with the following recommendations:

SB 221. Do Pass, as Amended.

SB 303. Do Pass.

SB 117. Do Pass.

SB 118. Do Pass.

SB 119. 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, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 142. By Mr. Connell of the 79th and others:
A Bill to provide the procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Rich mond County shall be eligible to become a Judge Emeritus of such courts; and for other purposes.

WEDNESDAY, MARCH 10, 1971

2623

HB 194. By Mr. Connell of the 79th and others:
A Bill 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.

HB 432. By Mr. Miles of the 78th:
A Bill 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, con solidate and clarify all the laws relating to the Municipal Court; 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 reincorporate the City of Roswell in the County of Fulton; and for other purposes.
HB 983. By Messrs. Kreeger, Atherton, Wilson, McDaniell and Burruss of the 117th: A Bill to amend an Act providing for a new charter 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.
The Senate has passed, by substitute, by the requisite constitutional ma jority the following Bill of the House, to^wit:
HB 946. By Messrs. Logan and Matthews of the 16th: A Bill to amend an Act creating the Clarke County Board of Educa tion; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 110. By Mr. Knowles of the 22nd: A Bill to create the Georgia State Board of Electrical Contractors; and for other purposes.
HB 231. By Messrs. Matthews and Logan of the 16th and Maxwell of the 17th: A Bill to amend Code Section 32-111, providing for compensation and expenses for members of the Board of Regents; and for other purposes.

2624

JOURNAL OF THE HOUSE,

HB 379. By Messrs. Vaughn of the 74th and Wood of the llth:
A Bill 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.

HB 634. By Messrs. Floyd of the 7th and Farrar of the 77th:
A Bill 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 735. By Messrs. Smith of the 39th, Adams of the 100th, and Jessup of the 49th:
A Bill 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.

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

HB 430. By Messrs. Greer of the 95th and Levitas of the 77th:
A Bill 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 741. By Mr. Miller of the 83rd:
A Bill to provide for the Department of Labor a supplemental appropria tion; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:
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.
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.

WEDNESDAY, MARCH 10, 1971

2625

HR 74-212. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for the durational residence requirements for elections; to provide for the submission of this amendment for ratification or rejection; 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 probation upon such conditions as the court may require; and for other purposes.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

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, 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.

The Senate has adopted the report of the 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 compensation is set by Act of the General Assembly; and for other purposes.

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

HB 91. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st and others:
A Bill 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.

2626

JOURNAL OF THE HOUSE,

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

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 President has appointed on the part of the Senate the following Sen ators: Smith of the 18th, Starr of the 44th, and Holley of the 22nd:

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

HB 618. By Mr. Vaughn of the 74th:
A Bill to amend the 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.

The President has appointed on the part of the Senate the following Sen ators: Cox of the 21st, Reynolds of the 48th, and Brown of the 47th:

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

SB 336. By Senator Spinks of the 9th:
A Bill to create a Governmental Study Commission for Tift County; to provide for the selection of the members of the Commission and their duties and responsibilities and for reimbursing such members for expenses incurred while performing services as a member of the Commission; 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 provide that no person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or

WEDNESDAY, MARCH 10, 1971

2627

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.

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

HB 437. By Messrs. Scarborough, Bennett and Brown of the 81st, Miller of the 83rd, and Coney of the 82nd:
A Bill 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.

The Senate insists on its amendment to the following Bill of the House, towit:

HB 762. By Messrs. Keyton and Russell of the 70th, Miles and Cheeks of the 78th, Dent and Connell of the 79th and others:
A Bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sales of tangible personal property to private non-profit hospitals from the taxes imposed by said Act; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 498. By Messrs. Johnson and Phillips of the 29th: A Bill to authorize and direct the governing authorit yof Warren County to employ a full-time county policeman who shall have such powers as sheriffs now have; 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 1073. By Messrs. Dixon and Sweat of the 65th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County; and for other purposes.

2628

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:
A BILL To be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Clinch County into the office of the Tax Commissioner of Clinch County; to provide for the rights, duties and liabilities of said office; to provide for election of the Tax Commissioner; to pro vide for his term of office; to provide for the method of filling va cancies; to provide for the compensation of the Tax Commissioner; to provide for personnel in the office of the Tax Commissioner, their com pensation, and the payment of expenses; to make provisions relative to taxes and tax fi fas; 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 offices of Tax Receiver and Tax Collector of Clinch County are hereby consolidated and combined into the one office of the Tax Commissioner of Clinch County. The rights, duties and liabilities of the Tax Commissioner, except as otherwise provided herein, shall be the same as those imposed upon Tax Receivers and Tax Col lectors by the laws of this State.
Section 2. The first election for the office of Tax Commissioner created herein shall be held at the same time as the election of other County officers for Clinch County in 1972. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1976, and until his successor is duly elected and qualified. All future elections for Tax Commissioner shall be held at the same time as elections for other County officers, and all future Tax Commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Should any vacancy occur in the office of Tax Commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of Tax Collector.
Section 3. The Tax Commissioner shall receive for his services as such an annual salary of $9,600.00 payable in equal monthly install ments from the funds of Clinch County.

Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the Tax Com missioner shall be received, collected and held by him as public funds belonging to Clinch County. Once each month the Tax Commissioner shall turn over to the fiscal authority of said County all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the Tax Commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of what ever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding

WEDNESDAY, MARCH 10, 1971

2629

the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess.,
p. 297), as amended.

Section 5. (a) The governing authority of Clinch County shall have the authority to fix the number and compensation of such per sonnel as they shall deem necessary to assist the Tax Commissioner in discharging his official duties, but the Tax Commissioner shall have the sole right to select the individuals so employed.

(b) All expenses incurred by the Tax Commissioner in operat ing and discharging the official duties of his office, except as here in provided, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the County from County funds.
Section 6. All taxes due and payable to Clinch County at the time the Tax Commissioner takes office shall continue to be due and payable until paid. All tax fi fas heretofore issued shall have full force and effect and shall be collectible as issued.

Section 7. This Act shall become effective on January 1, 1973, except Section 2 of this Act shall be effective before that time for the purpose of holding the election provided for in said Section 2.

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 ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1083. By Messrs. Dean and Murphy of the 19th: A Bill to be entitled an Act to create a new charter for the City of Aragon; 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 No. 1083 as follows:

2630

JOURNAL OP THE HOUSE,

By inserting in the title, immediately preceding the phrase "to re peal conflicting laws", the following:

"to provide for a referendum;".

By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6, to read as follows:

"Section 6. The compensation of the mayor shall be set by the mayor and the City Council, not to exceed a maximum sum of fifty dollars ($50.00) per month. The compensation of the City Council shall likewise be set by the mayor and City Council, not to exceed
a maximum of twenty-five dollars ($25.00) per month, each. The mayor and councilmen shall not be paid for attending council meetings unless they are present at such meetings."

By striking Section 7 in its entirety and inserting in lieu thereof a new Section 7, to read as follows:

"Section 7. The first election for mayor and councilmen of said City held under this Act shall be held on the first Saturday in December, 1971. At that time there shall be elected a mayor and four (4) councilmen from the City at large. The mayor and two (2) councilmen receiving the highest number of votes shall serve until December 31, 1973, or until their successors are elected and quali fied. The other two (2) councilmen receiving the next highest num
ber of votes shall serve until December 31, 1972, or until their suc cessors are elected and qualified. After the first election to be held in 1971, there shall be an annual election on the first Saturday in December of each year for the mayor and councilmen of the City of Aragon whose terms expire in said year. All persons elected shall take office on January 1, next following their election and serve for a term of two (2) years or until their successors are elected and qualified. For the regular annual elections, a person
shall qualify with the City Clerk of said City not less than fifteen (15) days and not more than forty-five (45) days prior to the date of the election. To qualify, a candidate must pay the qualification
fee set by the mayor and city councilmen.

Elections are to be held from 7:00 A.M. to 7:00 P.M. at the Courthouse in Aragon, Georgia."
By striking Sections 29, 30 and 31 in their entirety and inserting in lieu thereof new Sections 29, 30 and 31, to read as follows:
"Section 29. An Act granting a new Charter to the City of Aragon, approved July 23, 1914 (Ga. Laws 1914, p. 371), is hereby repealed in its entirety.
Section 30. It shall be the duty of the Commissioners of the City of Aragon 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 Commissioners shall set the date of such election for the first Wednesday in June, 1971. The Commissioners shall

WEDNESDAY, MARCH 10, 1971

2631

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 Polk County. The ballot shall have written or printed thereon the words:

'YES ( ) Shall the Act creating a new Charter for the City NO ( ) of Aragon and providing for a Mayor and Coun
cil form of government be approved?'

All persons desiring to vote in favor of the Act shall vote 'Yes', and those 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 Aragon. It shall be the duty of the Commissioners to hold and conduct such election. They 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 Commissioners to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State.

Section 31. 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 ayes were 120, nays 0.

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

HB 1064. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Towns County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of said officer; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

2632

JOURNAL OF THE HOUSE,

HB 1065. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act amending the Charter of the City of Bruns wick by redefining the corporate limits of said City, so as to further define 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 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1066. 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 in Glynn County, so as to provide for a Board of Tax Appeals; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1070. By Messrs. Larsen and Chappell of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1071. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill to be entitled an Act to amend an Act entitled an Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus, as amended, so as to change the bond provision relating to the clerk and treasurer; and for other purposes.

WEDNESDAY, MARCH 10, 1971

2633

The report 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 1074. 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 authorize the judge of the superior courts of the Waycross Judicial Circuit to employ and fix the com pensation of a secretary; and for other purposes.

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

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1075. By Messrs. Dixon and Sweat of the 65th:
A Bill to be entitled an Act to amend an Act placing certain officers of Ware County on a salary system in lieu of a fee system, as amended, so as to change the compensation of the Ordinary and the Tax Receiver of Ware 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 1076. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select up to and including two members of the Board from any militia district having a population of 1,000 persons or more; and for other purposes.

2634

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 1077. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Walton County, as amended, so as to change the com pensation of the Chairman and other 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 120, nays 0.

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

HB 1078. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act creating the board of commissioners of Coffee 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 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1079. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Brooks in the County of Fayette, so as to change the corporate limits of said Town; and for other purposes.

WEDNESDAY, MARCH 10, 1971

2635

The report 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 1080. By Messrs. Snow, Hays and Clements of the 1st and Peters of the 2nd: A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, as amended, so as to change the corporate limits of said Town; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1081. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compen sation, as amended, so as to provide for a 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1082. By Mr. Colwell of the 5th: A Bill to be entitled an Act to create water authorities for certain counties of this State; and for other purposes.

2636

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 1084. By Messrs. Dean and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act placing the coroner of Polk County on a salary basis, as amended, so as to change the salary of the coroner of Polk 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.

SB 14. 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 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 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.

WEDNESDAY, MARCH 10, 1971

2637

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

On the passage of the Bill, the ayes were 120, nays 0.

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

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

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 117. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act, so as to change the com pensation of the Ordinary 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 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 118. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act, so as to change the com pensation of the tax commissioner of Walker County; and for other purposes.

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

2638

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.

SB 119. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act, so as to change the com pensation of the clerk of the superior 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 120, nays 0.

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

SB 236. By Senators Smith of the 34th, Coggin of the 35th, Fatten 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, as amended, so as to change the cor porate 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.
SB 320. By Senators Henderson of the 33rd and Chapman of the 32nd: A Bill to be entitled an Act to create Metropolitan Airport Authorities in certain counties 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 120, nays 0.

WEDNESDAY, MARCH 10, 1971

2639

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

HR 388-1084. By Messrs. Dean and Murphy of the 19th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Aragon who are 62 years of age or over, or who are totally disabled veterans, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption from ad valorem taxation by said city; to provide for the amounts of such exemptions; 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 Aragon who is 62 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 per annum, is hereby granted an exemption of $2,000 on his homestead from all ad valorem tax ation by the City of Aragon, as long as any such resident of the City of Aragon actually occupies said homestead as his residence. Each resident of the City of Aragon who is a totally disabled veteran and who does not have an income from all sources, including the income of all members of his family living in the home of said resident, exceeding $4,000 per annum, is hereby granted an exemp tion of $10,000 on his homestead for all ad valorem taxation by the City of Aragon, as long as any such resident of the City of Ara gon actually occupies said homestead as his residence. Provided, however, there shall be no more than one 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 Aragon. 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 Aragon, or with a person designated by the govern ing authority of the City of Aragon, 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 authority of the City of Aragon, or the person designated by the governing authority of the City of Aragon, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Aragon, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for here in shall apply to all taxable years beginning after December 31, 1972."

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JOURNAL OF THE HOUSE,

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to provide that residents of the City of Aragon who are 62 years of age or over and who have an income from all
NO ( ) sources, including the income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City, and to provide that residents of the City of Aragon who are totally dis abled veterans, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption of $10,000 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 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, John Adams, Marvin Alexander, W. H. Alien Barfield Battle Bell Bennett, J. T. Bennett, Tom Black Bohannon Bond Bostick Bowen

Brantiey, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements

Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Drury Egan

WEDNESDAY, MARCH 10, 1971

2641

Ezzard Farrar Felton Floyd, L. R. Gary Gaynor Gignilliat Granade Greer Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson, C. M. Hutchinson 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) Lee, W. S. Leggett Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken 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. E. Pickard Pinkston Poole Potts Roach Ross Russell, A. B. Russell, H. P. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Sorrells Stephens Sweat Thompson Triplett Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Adams, G. D. Alexander, W. M. Atherton Berry Blackshear Buck Carr Cole Collins, S. Conger Cook
Dailey
Davis, W.
Dixon
Dorminy
Edwards
Evans

Floyd, J. H. Fraser Geisinger Grahl Grantham Griffin Gunter Hays Howard Hudson, Ted Isenberg
Jessup
Lane, Dick
Levitas
Lewis
Lowrey
McDaniell

Moore Rainey Reaves Rush Russell, W. B Salem Smith, J. R. Smith, V. T. Snow Strickland Thomason
Toles
Townsend
Tripp
Turner
Wamble
Mr. Speaker

2642

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 144, 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 336. By Senator Spinks of the 9th:
A Bill to be entitled an Act to create a Governmental Study Commis sion for Tift County; to provide for the selection of the members of the Commission and their duties and responsibilities and for reimbursing such members for expenses incurred while performing services as a member of the Commission; and for other purposes.

Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 133. By Senator Holloway of the 12th:
A Bill to be entitled an Act to provide that the State Treasurer shall withhold any and all grants appropriated to any county until the Coun ty Tax Digest for the previous calendar year has been approved by the State Revenue Commissioner; and for other purposes.

Referred to the Committee on State of Republic.

The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

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.

The following Senate substitute was read: A BILL
To be entitled an Act to amend an Act providing for the merger of

WEDNESDAY, MARCH 10, 1971

2643

the independent school system of the mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. Laws 1955, p. 3057), as amended, so as to provide for a new Clarke County Board of Education; to provide for Education Districts; to provide for the election of the members of said Board; to provide for qualifications; to provide for filling vacancies; to provide for a quorum; to provide for the compensation of members of said Board; to provide for regular and special meetings of said Board; to change the provision relative to the election of officers of said Board; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. Laws 1955, p. 3057), as amended, is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The Clarke County School District shall be administered by the Clarke County Board of Education which shall be composed of eight members who shall be elected as hereinafter provided.
(b) For the purpose of electing the members of the Clarke County Board of Education, Clarke County shall be divided into eight education districts as follows:

Education District 1 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens de scribed as follows:
Beginning at a point where the center line of U.S. Highway 441 intersects with said corporate limits of the City of Athens and run ning thence in a southerly direction along the center line of U.S. Highway 441 to a point where the same is intersected by the centerline of Ruth Street; running thence in a westerly direction along a projection of the centerline of Ruth Street to a point where the same is intersected by the center of the North Oconee River; running thence in a southerly direction along the meanderings of the center of the North Oconee River to a point where the same intersects the centerline of North Avenue-Madison Street; run ning thence in a southwesterly direction along the centerline of Madison Street to a point where the same is intersected by the cen terline of Thomas Street; running thence in a southerly direction along the centerline of Thomas Street to a point where the same is intersected by the centerline of Broad Street; running thence in a westerly direction along the centerline of Broad Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a southwesterly direction along the centerline of Lumpkin Street to a point where the same is intersected by the cen-

2644

JOURNAL OP THE HOUSE,

terline of Woodrow Street; running thence in a southeasterly di rection along the centerline of Woodrow Street to a point where the same is intersected by the centerline of Northview Drive; running thence in an easterly direction along the centerline of Northview Drive to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a northerly direction along the centerline of Pinecrest Drive to a point where the same is inter sected by the centerline of East Rutherford Street; running thence in an easterly direction along the centerline of East Rutherford Street to a point where the same is intersected by the centerline of Smith Street; running thence in a southerly direction, then easterly direction along the centerline of Smith Street to a point where the same is intersected by the centerline of Carlton Street; running thence in an easterly direction along the centerline of Carlton Street to a point where the same is intersected by the centerline of Agri culture Drive; running thence in a southerly direction along the centerline of Agriculture Drive to a point where the same is inter sected by the centerline of Burnett Street; running thence in a westerly direction along the centerline of Burnett Street to a point where the same is intersected by the centerline of Scott Street; running thence in a southerly direction along the centerline of Scott Street to a point where the same is intersected by the centerline of Morton Avenue; running thence in an easterly direction along the centerline of Morton Avenue to a point where the same is inter sected by the centerline of Agriculture Drive; running thence in a southerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Southview Drive-College Station Road; running thence in an easterly direction along the centerline of College Station Road to the point of its inter section with the center of the Central of Georgia Railroad Track; running thence in a southerly direction along the center of the Central of Georgia Railroad Track to its intersection with corporate limits of the City of Athens; and running thence in a northwesterly, northerly and northwesterly direction along said corporate limits of the City of Athens to the point of beginning at the intersection thereof with the centerline of U.S. Highway 441.

Education District 2 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens more particularly described as follows:

Beginning at the intersection of the centerlines of Lumpkin Street and Wray Street; running thence in a westerly direction along the centerline of Wray Street to a point where the same is intersected by the centerline of Hull Street; running thence in a southerly direction along the centerline of Hull Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of
Baxter Street to a point where the same is intersected by the
centerline of Cloverhurst Avenue; running thence in a southerly
direction along the centerline of Cloverhurst Avenue to a point
where the same is intersected by the centerline of Finley Street;
running thence in a northerly direction along the centerline of
Finley Street to a point where the same is intersected by an easter-

WEDNESDAY, MARCH 10, 1971

2645

ly projection of the centerline of Peabody Street; running thence in a westerly direction along the centerline projection of Peabody Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Milledge Avenue; run ning thence in a southerly direction along the centerline of Milledge Avenue to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Bobbin Mill Road; running thence in a southwesterly direction along the centerline of Bobbin Mill Road to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southeasterly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence in a westerly direction along Milledge Circle to a point where the same is intersected by the center of Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a southeasterly direction and then in a northerly direction along said corporate limits of the City of Athens to a point where the same diverge from the centerline of the track of the Central of Georgia Railroad; running thence in a northerly direction along the centerline of the track of the Central of Georgia Railroad to a point where the same is intersected by the centerline of College Station Road; running thence in a westerly direction along the centerline of College Station Road to a point where the same is intersected by the centerline of Agricul ture Drive; running thence in a northerly direction along the cen terline of Agriculture Drive to a point where the same is inter sected by the centerline of Morton Avenue; running thence in a westerly direction along the centerline of Morton Avenue to a point where the same is intersected by the centerline of Scott Street; running thence in a northerly direction along the centerline of Scott Street to a point where the same is intersected by the centerline of Burnett Street; running thence in an easterly direction along the centerline of Burnett Street to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a norther ly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Carlton Street; running thence in a westerly direction along the centerline of Carlton Street to a point where the same is intersected by the centerline of Smith Street; running thence in a southwesterly direction, then
northwesterly direction along the centerline of Smith Street to a point where the same is intersected by the centerline of East Rutherford Street; running thence in a southeasterly direction along the centerline of East Rutherford Street to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a southerly direction along Pinecrest Drive to a point where
the same is intersected by the centerline of Northview Drive; run ning thence in a westerly direction along the centerline of North-
view Drive to a point where the same is intersected by the center-

2646

JOURNAL OF THE HOUSE,
line of Woodrow Street; running thence in a northwesterly direc tion along the centerline of Woodrow Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a northeasterly direction along the centerline of Lumpkin Street to the beginning point thereof at the intersection of the centerline of Wray Street.
Education District 3 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens more particularly described as follows:
Beginning at a point where the centerlines of Hancock Avenue and Finley Street intersects; running thence in a southerly direc tion along the centerline of Finley Street to a point where the same is intersected by an easterly projection of the centerline of Peabody Street; running thence in a westerly direction along the centerline projection of Peabody Street to a point where the same is inter sected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a southerly direction along the centerline of Milledge Avenue to a point where the same is inter sected by the centerline of Springdale Street; running thence in a westerly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Bobbin Mill Road; running thence in a southwesterly direction along the centerline of Bobbin Mill Road to a point where the same is inter sected by the centerline of McWhorter Drive; running thence in a southeasterly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence in a westerly direction along the centerline of Milledge Circle to a point where the same is inter sected by the center of Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a northwesterly direction along the corporate limits of the City of Athens to a point where the same is inter sected by the centerline of U.S. Highway 78; running thence in an easterly direction along the centerline of U.S. Highway 78 to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a northeasterly direction, then easterly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of Harris Street; running thence in a southerly direction along the centerline of Harris Street to a point where the same is intersected by the centerline of Reese Street; running thence in an easterly direction along the centerline of Reese Street to a point where the same is intersected by the cen terline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in an easterly direction along the centerline of Hancock Avenue to the beginning point thereof at the intersection at the centerline of Finley Street.

WEDNESDAY, MARCH 10, 1971

2647

Education District 4 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens more particularly described as follows:

Beginning at a point where the centerline of U.S. Highway 441 intersects with the corporate limits of the City of Athens and run ning thence in a southerly direction along the centerline of U. S. Highway 441 to a point where the same is intersected by the cen terline of Ruth Street; running thence in a westerly direction along a projection of the centerline of Ruth Street to a point where the same is intersected by the center of the North Oconee River; run ning thence in a southerly direction along the meanderings of the center of the North Oconee River to a point where the same inter sects the centerline of North Avenue-Madison Street; running thence in a southwesterly direction along the centerline of Madison Street to a point where the same is intersected by the centerline of Thomas Street; running thence in a southerly direction along the centerline of Thomas Street to a point where the same is inter sected by the centerline of Broad Street; running thence in a westerly direction along the centerline of Broad Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a southerly direction along the centerline of Lumpkin Street to a point where the same is intersected by the centerline of Wray Street; running thence in a westerly direction along the centerline of Wray Street to a point where the same is intersected by the centerline of Hull Street; running thence in a southerly direction along the centerline of Hull Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in a southerly direction along the centerline of Cloverhurst Avenue to a point where the same is intersected by the centerline of Finley Street; running thence in a northerly direction along the centerline of Finley Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a westerly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Prince Avenue; running; thence in a northwesterly direction along the centerline of Prince Avenue-U.S. Highway 129 to a point where the same is intersected by the center of the Seaboard Coastline Railroad Track; running thence westerly along the center of the Seaboard Coastline Railroad track to its intersection with the corporate limits of the City of Athens; and running thence in a northeasterly, southeasterly and northeasterly direction along said corporate limits of the City of Athens to a point of beginning at the intersection thereof with the centerline of U.S. Highway 41.

Education District 5 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens more particularly described as follows:
Beginning at a point of the intersection of the centerlines of

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JOURNAL OF THE HOUSE,

Prince Avenue and Church Street; running thence in a southerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Eeese Street; running thence in a westerly direction along the centerline of Reese Street to a point where the same is intersected by the centerline of Harris Street; running thence in a northerly direction along the centerline of Harris Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a westerly direc tion along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to its intersection of the corporate limits of the City of Athens; running thence in a northwesterly and northerly direction along the corporate limits of the City of Athens to its intersection with the center of Seaboard Coastline Railroad Track; running thence in an easterly direction along the center of the Seaboard Coastline Railroad Track to a point where the same is intersected by the centerline of U.S. Highway 129; running thence in a southeasterly direction, then easterly direction along the centerline of U.S. High way 129-Prince Avenue to the point of beginning at the intersec tion thereof with the centerline of Church Street.

Each of said wards shall be entitled to two aldermen who shall be members of the City Council of the City of Athens; and the aldermen for the presently constituted wards in the presently exist ing corporate limits of the City of Athens shall represent the wards herein created for the remainder of their terms of office. All civil service commissioners for the City of Athens shall serve out their term of office to which elected. The successors of the aldermen and the civil service commissioners shall be elected in accordance with the provisions of law now existing with respect to the election of aldermen and civil service commissioners for the City of Athens.

Education District 6 shall consist of that portion of Clarke County lying without the corporate limits of the City of Athens de scribed as follows:

Beginning at a point where the Epps Bridge Road intersects with McNutts Creek at the Oconee-Clarke County line, and running thence in a general westerly direction along the meanderings of said McNutts Creek, which is the county line, to a point where the southerly boundary line of Clarke County turns into a northwesterly direction; thence continuing in a line between Clarke County and Oconee County to a point where Oconee, Barrow and Clarke Counties
boundaries meet; running thence in a general northeasterly, north erly, southeasterly, northeasterly, northwesterly, northeasterly, southerly, northeasterly, southeasterly, northeasterly and southeast erly direction along the northern boundary of Clarke County to the centerline of the Danielsville Road; running thence along the cen terline of said Danielsville Road in a southwesterly direction to its intersection with the centerline of the Hull Road; running thence along the centerline of the Hull Road in a northeasterly direction to the intersection of the centerlines of Hull Road and U.S. Highway 29; running thence along the centerline of said U.S. Highway 29 in a southwesterly direction to its intersection with the centerline

WEDNESDAY, MARCH 10, 1971

2649

of Calhoun Drive; running thence along the centerline of Calhoun Drive in the southeasterly direction to its intersection with the centerline of Old Hull Road; running thence along the centerline of Old Hull Road to a point where the centerline of Old Hull Road and the centerline of Athena Drive intersect; running thence along the centerline of said Athena Drive in a southeasterly direction to the intersection of the centerline of Athena Drive with the centerline of the Seaboard Coastline Railroad right-of-way; running thence along the centerline of said railroad right-of-way in a general southwesterly direction to its intersection with the cor porate limits of the City of Athens; running thence along said corporate limits line in a general westerly, northwesterly, south westerly, northwesterly, northeasterly, southwesterly, northwesterly, southwesterly and southeasterly direction to a point where said cor porate limits line intersects with the centerline of the Atlanta High way, also known as U.S. Highway 78; running thence along the centerline of said highway in a westerly direction to the intersec tion of the centerline of said highway with the centerline of Epps Bridge Road; running thence in a general southwesterly direction along the centerline of said Epps Bridge Road to the beginning point.

Education District 7 shall consist of that portion of Clarke County lying without the corporate limits of the City of Athens more particularly described as follows:

Beginning at a point where the centerline of the Lexington Road intersects the corporate limits of the City of Athens and running thence along said corporate limits line in a general northerly and northwesterly direction to a point where the centerline of the Seaboard Coastline Railroad right-of-way intersects with said cor porate limits line; running thence along the centerline of said rail road right-of-way in a northeasterly direction to the intersection of the centerline of said right-of-way and Athena Drive; running thence in a northwesterly direction along Athena Drive to its intersection with the centerline of Old Hull Road; running thence, in a northeasterly direction along the centerline of Old Hull Road to its intersection with the centerline of Calhoun Drive; running thence along the centerline of Calhoun Drive in a northwesterly direction to its intersection with the centerline of U.S. Highway 29; running thence along the centerline of U.S. Highway 29 in a northeasterly direction to its intersection with the centerline of the Hull Road; running thence in a southwesterly direction along the centerline of the Hull Road to its intersection with the centerline of the Danielsville Road; running thence along the centerline of the Danielsville Road in a northeasterly direction to its intersection with the Clarke-Madison County line; running thence along the Clarke-Madison County line in a general southeasterly direction to the intersection of the Maidson-Oglethorpe-Clarke County lines; running thence along the common line between Clarke and Oglethorpe Counties in a general southerly direction to the centerline of the Bob Godfrey Road; running thence along the centerline of the Bob Godfrey Road in a general westerly direction to the center of the Oconee River; running thence along the meanderings of said Oconee River in a general northerly and northwesterly direc-

2650

JOURNAL OF THE HOUSE,

tion to its confluence with the North Oconee River; running thence along the centerline of said North Oconee River in a general northerly direction to its intersection with the centerline of the Whitehall Road; running thence along the centerline of said White hall Road in a general northeasterly direction to a point where it intersects with the centerline of the Barnett Shoals Road; running thence in a general southeasterly direction along the centerline of said Barnett Shoals Road to its intersection with the centerline of the Old Lexington Road; running thence along the centerline of said Old Lexington Road in a general easterly direction to a point where the centerline of said Old Lexington Road intersects with the centerline of Twit Davis Road; running thence along the cen terline of said Twit Davis Road in a general northerly direction to the intersection of the centerline of said Twit Davis Road and the centerline of the Lexington Road, also known as U.S. Highway 78; running thence along the centerline of said Lexington Road in a general westerly direction to a point of beginning.

Education District 8 shall consist of that portion of Clarke County lying without the corporate limits of the City of Athens more particularly described as follows:
Beginning at a point where the centerline of the Lexington Road intersects with the corporate limits of the City of Athens and running thence along the centerline of said Lexington Road in a general southeasterly direction to the intersection of the centerline of Lexington Road with the centerline of the Twit Davis Road; running thence along the centerline of the Twit Davis Road in a general southerly direction to the intersection of the centerline of said Twit Davis Road with the centerline of the Old Lexington Road; running thence along the centerline of said Old Lexington Road in a general westerly direction to the intersection of the centerline of said Old Lexington Road with the centerline of Barnett Shoals Road; running thence along the centerline of said Barnett Shoals Road in a westerly direction to the intersection of the centerline of said Barnett Shoals Road with the centerline of Whitehall Road; running thence along the centerline of said White hall Road in a general southwesterly direction to the centerline of the North Oconee River; running thence along the meanderings of said North Oconee River in a general southerly direction to its con fluence with the Middle Oconee River; running thence along the centerline of the said Middle Oconee River, which is the common line between Clarke and Oconee Counties, to its intersection with Barber Creek; running thence along said Barber Creek, said Barber Creek being the common line between Clarke and Oconee Counties, in a general northwesterly direction to a point where it intersects with McNutts Creek; running thence along McNutts Creek in a general northwesterly and southwesterly direction, said McNutts Creek being the common line between Clarke and Oconee Counties, to the intersection of McNutts Creek with the centerline of Epps Bridge Road; running thence along the centerline of Epps Bridge Road in a general northerly direction to the intersection of the centerline of Epps Bridge Road and the Atlanta Highway, also known as U.S. Highway 78; running thence along the centerline of said Atlanta Highway in a general easterly direction to the corporate limits line of the City of Athens; running thence along

WEDNESDAY, MARCH 10, 1971

2651

said corporate limits line in a general southeasterly, northeasterly and southeasterly, northerly and northeasterly direction to the beginning point.

(c) All references to the corporate limits of the City of Athens in the foregoing descriptions of the education districts of Clarke County refer to said corporate limits as the same existed on Janu ary 1, 1971.

(d) Each member of the Clarke County Board of Education shall have been a resident of Clarke County for at least one year immediately preceding his election and a resident of the education district he represents at least six months immediately preceding his election. A candidate offering for election to said Board shall desig nate the education district for which he offers as a candidate. The members of said Board shall be elected by a majority vote of the qualified voters voting within their respective education districts. All members of the Board shall be at least 21 years of age on the date of their election and of good moral character.

(e) The first members of said Board of Education shall be elected at a special election to be held on the Tuesday next following the first Monday in November 1971. The candidates elected at said election shall take office on January 1, 1972, for a term of one year, expiring on December 31, 1972, or until their successors are duly elected and qualified.

(f) Successors to the first members of said Board of Education shall be elected at the general election held in 1972 and shall take office on January 1, 1973, for terms as hereinafter provided. The candidates elected at said election from education districts 1, 3, 5 and 7 shall be elected for terms of two years and until their successors are duly elected and qualified. The candidates elected at said election from education districts, 2, 4, 6 and 8 shall be elected for terms of four years and until their successors are duly elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of their re spective terms of office and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified.

(g) In the event a vacancy occurs on said Board for any reason, the remaining members shall elect a qualified person, who shall be a resident of the education district wherein the vacancy occurred, to serve for the unexpired term when two years or less. If the unexpired term is more than two years, the vacancy shall be filled for the unexpired term by the election of a qualified person at the first general election following the occurrence of such va cancy. In the event a member changes his residence from the edu cation district he represents, a vacancy shall exist from such dis trict and shall be filled in the same manner as other vacancies are filled as provided herein.
(h) Each member of the Board, upon assuming office, shall

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JOURNAL OF THE HOUSE,

take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the superior court of said county or by the clerk of the same.

(i) Five members of said Board shall constitute a quorum for the transaction of any business which may come before the Board. The members of the Board shall be entitled to receive com pensation and expenses provided by Code Section 32-904, relating to the compensation of members of county boards of education, as the same is now or may hereafter be amended."

Section 2. Said Act is further amended by adding a new section between Sections 5 and 6 to be designated Section 5A and to read as follows:
"Section 5A. (a) The Clarke County Board of Education shall hold regular monthly meetings on a date fixed by said Board, but by resolution, the Board may dispense with such meetings during June, July and August of each year. The President of said Board or the Superintendent of Education may call special meetings upon twenty-four hours written notice to the members and shall call a special meeting upon written request of three-fourths of the mem bers of said Board.

(b) The purpose of the meetings provided for in subsection (a) of this Section shall be for the transaction of the business per taining to the public schools under said Board's control. No business of the Board shall be transacted other than at such meetings. All such meetings shall be open to the public and the press, and a period shall be set aside to allow any ciitzen of the county to speak on matters relevant to the operation of the Clarke County School system. Provided, however, the Board may go into executive ses sion for the purpose of discussing personnel, but no vote shall be taken while in executive session."

Section 3. Said Act is further amended by striking the first para graph in Section 6 in its entirety and inserting in lieu thereof a new paragraph, to read as follows:

"At the first meeting of the Board in each year, said Board shall elect officers from its membership as hereinafter provided and shall set a date for the annual meeting of said Board, at which annual meeting officers shall be elected from the membership to serve until the election of officers at the next annual meeting. All such officers shall be eligible to succeed themselves."
Section 4. The Clarke County Board of Education existing on the effective date of this Act shall continue in existence through Decem ber 31, 1971, but the terms of such members shall expire at that time and such Board shall stand abolished. The Board created herein shall be the successor to all the rights, powers, duties and obligations of such abolished Board, which are not inconsistent with the provisions of this Act.
Section 5. It shall be the duty of the Ordinary of Clarke County

WEDNESDAY, MARCH 10, 1971

2653

to issue the call for an election for the purpose of submitting this Act to the electors of the Clarke County School District for approval or rejection. The Ordinary shall set the date of such election to coincide with the date of the primary election of the City of Athens held in the year 1971 but shall issue the call for such election at least 30 days prior to the date thereof. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Clarke County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act providing for a new Clarke County Board of Education with members thereof being
NO ( ) elected from education districts and providing for other matters relative thereto be approved?"
All persons desiring to vote in favor of the Act shall vote "Yes", and those 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 elec tion shall be borne by Clarke County. It shall be the duty of the Or dinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elec tions, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Logan of the 16th 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 946 was agreed to.

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 and others:
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.

The following Senate substitute was read: A BILL
To be entitled an Act to make and provide appropriations for the

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JOURNAL OF THE HOUSE,

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 Govern ment, its departments, boards, bureaus, commissions, institutions and other agencies and for the university system, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide a definition for the term "appropriations"; to provide for the control and administration of funds; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1971, and ending June 30, 1972, and the fiscal year beginning July 1, 1972 and ending June 30, 1973, as pre scribed hereinafter of each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1971. Pro vided, further, that additional sums of money from sources other than the General Funds of the State as shown in the Governor's recommenda tions 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 other wise specified in this Act, is deemed to be the appropriation as re ferred to in Code Sections 40-402, 40-412 and 40-413.

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 Commis sioners on Uniform State Laws; National Conference of Legislative 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 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;

WEDNESDAY, MARCH 10, 1971

2655

and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law.

Operations. F.Y. 1972 F.Y. 1973

4,575,000 4,575,000

Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the ex penditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby au thorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the 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 published constitutional amendments.
F.Y. 1972 _________________________....._........$ F.Y. 1973 __________________.________________________$

225,000 225,000

C. For all costs of Georgia Official and Statistical Register.
F.Y. 1972 ___________________________________$ F.Y. 1973 ____..________---_________________$

90,000 90,000

Section 2. Audits, Department of Operations--Audits
F.Y. 1972 ______________________.________________________$ F.Y. 1973 ________..._1__________________________$

1,286,077 1,286,077

Operations--Tax Ratio Study F.Y. 1972 __________________.__..______________$ F.Y. 1973 ______________________________$

350,000 350,000

Provided that from the above amount the sum of $250,000 is appropriated to initiate the Performance Audit Program.

2656

JOURNAL OF THE HOUSE,

PART II

JUDICIAL BRANCH

Section 3. Supreme Court. For the cost of oper ating the Supreme Court of the State of Georgia, in cluding salaries of Justices and the employees of the Court, their retirement contributions and two Emeritus positions. Provided, however, that the listed appropria tion 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 $7,500.00 shall be allocated for the pay ment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.
Operations
F.Y. 1972 ._.._.____.._.._...--_.___________$
F.Y. 1973 ._._______._.___________._--$

682,892 682,892.

Section 4. Court of Appeals. For the cost of oper ating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established dur ing the fiscal year.

Operations F.Y. 1972 _.. F.Y. 1973 __..

__$ ......_.$

746,559 746,559

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 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 appropria tion shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year.
Operations
F.Y. 1972 __..__._.._._..__________________,,$
F.Y. 1973 __.

2,445,159 2,445,159

WEDNESDAY, MARCH 10, 1971

2657

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.

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 _.__...___.......__.__.__._..._..$ 1,403,775 F.Y. 1973 _______.__________.__._._$ 1,403,775

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 53,000

PART III EXECUTIVE BRANCH

Section 7. State Board of Education--Department of Education.

A. Operations

F.Y. 1972 _______.________._______$ 412,661,030 F.Y. 1973 _____.____.._.____.._.__..._...$ 412,661,030

Changed Objects:

Section 11 Teachers Salaries _______$ 220,751,922

Section 12 Teachers Salaries _..___.____$ 37,655,641

2658

JOURNAL OF THE HOUSE,

Section 20 Teachers Salaries ._._____$ 14,270,205

Maintenance, Operation and Sick Leave _____
Travel _-__-_____._.____.$
Transportation ___.__.___._-_$
Free Textbooks ___.______$
School Library Books and Non-Consumable Materials __$
Isolated Schools _________$
Mid-Term Adjustment _____$ Teachers Retirement ___.___$
Personal Services _________$
Operating Expenses _______$
Area Vocational-Technical Schools ______.--_______$
Education of Handicapped Children __.________.____$
Capital Outlay __._._...__.....__.........._$
Research and Experimentation ___
High School Program ___
Fernbank Science Center

46,334,196 1,008,702 16,990,607 5,071,058
1,299,766 46,740 923,741
20,984,998 24,701,581 23,477,522
17,099,212
184,000 410,976
500,000 9,292,219
100,000

Provided that Maintenance, Operation and Sick Leave payments shall be based on the rate of $1,350.00 per State-allotted teacher.

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 con tributions to the Teachers Retirement System applicable to such salary.

Provided that $50,000 in operating expenses shall be used to provide vocational rehabilitation services to eligible persons who have renal diseases.

WEDNESDAY, MARCH 10, 1971

2659

Provided, however, that $303,022 of the above ap propriation relative to pupil transportation shall be used sorely 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 appropriatoin relative to Capital Outlay, $75,000 is designated and committed for the purpose of air conditioning the gymnasiumauditorium in the South Georgia Area Vocational Tech nical School at Americus, Georgia.

Provided that of the above appropriation relative to Capital Outlay, $235,000 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 rehabilitation of the adult retarded, to be located in Fulton and DeKalb Counties.
Provided that of such appropriated amount the sum of $118,000 is designated and committed for the purpose of funding the fourth Psycho-Education Cen ter at Brunswick.
Provided that of the above appropriation $80,000 is designated and committed for the purpose of funding Section 6-A Public Law 670.
Provided that of the above appropriated amount relative to operating expense, $40,000 is designated and committed for use at the LaGrange Area Sheltered Workshop.

B. Construction: Authority Lease Rentals Departmental
F.Y. 1972 .________________---__...__.__.__.._._...$ F.Y. 1973 _____.__..__..._...__.....__..__.___..$

437,269 437,269

Grants to Systems through Georgia Education Authority (Schools)
F.Y. 1972 _____.......__________......__._______$
F.Y. 1973 .__,,_.____.________________$

24,492,259 24,492,259

Grants Direct to School Systems for Capital Outlay Purposes.
F.Y. 1972 __.__..__.__._._.___.._.
F.Y. 1973 ___________

2,191,613 2,191,613

2660

JOURNAL OF THE HOUSE,

Provided that from the above appropriation for Grants to School Systems through the Georgia Edu cation Authority (Schools) for F.Y. 1972, $2,000,000 is designated and committed for additional Lease Rent als to said Authority to permit the issuance of bonds to finance new projects. Provided, that the State Board of Education may approve $405,240 to match Federal funds, if available, for the constructing and equipping the Vocational Building at the Georgia School for the Deaf at Cave Spring.

Section 8. State Board of Regents.

A. Operations F.Y. 1972 _-.-......................._._____._.._.._..........,,._._...$ 163,075,503 F.Y. 1973 --______._._,,...._---___--_-_.__._--__$ 163,075,503

Changed Objects:
Teachers' Retirement ........,,.______$ 10,168,650
Personal Services ___________.__.__.___..___$ 169,468,687
Operating Expenses ____________~$ 39,807,670
Provided that where personnel are paid in whole or in part from funds other than State appropria tions, the fund sources from which such salary is paid shall pay the pro rata cost of any employer con tribution applicable to such salary to the Teachers Re tirement System.
No funds realized by the State Board of Regents of the University System of 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 1,140,000

Authority Lease Rentals F.Y. 1972 ....._________....._________..._? F.Y. 1973 ....____________________$

18,198,790 18,198,790

WEDNESDAY, MARCH 10, 1971
Provided that from appropriated funds, the amounts of $21,037,733 in P.Y. 1972 and $21,037,733 F.Y. 1973 are designated and committed to guaran tee payment of lease rental contracts as a first charge on such funds. Provided none of the funds herein ap propriated for construction shall be available for the purchase of any books whatsoever.

Provided that from the above appropriations for fiscal year 1972 for Authority Lease Rentals, the amount of $2,000,000 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 University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writ ing.
Section 9. Educational Improvement Council.

Operations F.Y. 1972 . F.Y. 1973

Changed Object: Operating Expenses

33,400

Section 10. Higher Education Assistance Com mittee.

Georgia Higher Education Assistance Corporation
F.Y. 1972 ,,_.__....,,...__..__.___________.-_--..-....-.$ F.Y. 1973 _.____...,,_.__.___.___________________.__................... $

Changed Objects: Personal Services .... Operating Expenses

181,053 99,325

2661
136,400 136,400 706,258 706,258

2662

JOURNAL OF THE HOUSE,

Georgia Higher Education Assistance Authority
F.Y. 1972 _._._____.--......___________.....__.___$
F.Y. 1973 __...__.....__.__..._____._____$

235,461 235,461

Changed Object: Operating Expenses

9,228

Section 11. State Scholarship Commission.

Operations F.Y. 1972 ................____.._...__________._____ F.Y. 1973 ._...............__.._____..........

1,199,192 1,199,192

Changed Objects: Personal Services --._.._...__.... Operating Expenses _.__--.__ Stipends for training .........__.....

99,300 45,693

Provided that of the above appropriated amount relative to scholarships an amount not to exceed $12,000 is designated and committed for the pur pose of providing stipends for training recruitment personnel.

Section 12. Medical Education Board.
Operations F.Y. 1972 __.......__.___._..._.__....______________.__._.$ F.Y. 1973 .........-.-.-_._-_.__._._...._..__......__.______..-$

21,650 21,650

Scholarships F.Y. 1972 ......_......_._._____....____.______________.__$ F.Y. 1973 ....................__-....._..,,__.___._.____.____.......$

251,000 251,000

Changed Object: Operating Expenses ___________._______.$

21,650

Section 13. Georgia Commission on Arts.

Operations F.Y. 1972 F.Y. 1973

107,292 107,292

WEDNESDAY, MARCH 10, 1971

2663

Changed Object: Operating Expenses __---____$

25,125

Section 14. Georgia Historical Commission.

Operations P.Y. 1972 ___...___.__________________._-.__._$ F.Y. 1973 _____.._________________-$

482,300 482,300

Construction : Capital Outlay F.Y. 1972 ____.__.___,,___.___._______________..___..____$ F.Y. 1973 _.__.._.__.._._._._.________________$

50,000 50,000

Commission for the Bicentennial Celebration-- Operations F.Y. 1972 ._____________________.___.__$ F.Y. 1973 _____________.__....________._._,,____$

430,000 430,000

Changed objects: Personal Services __.____.__________$ Operating Expenses __----.___._$

379,463 132,837

Section 15. Teachers Retirement System.

Operations F.Y. 1972 ___..___________.,,_...______________________.______.$ F.Y. 1973 ________.___.....__._________________,,___,_________$

1,500,000 1,500,000

Provided that these funds shall be used to provide a cost of living adjustment to teachers who retire prior to the effective date of the current cost of living plan.

Section 16. Public School Employees Retirement System.

Operations F.Y. 1972 F.Y. 1973

2,451,217 2,451,217

2664

JOURNAL OF THE HOUSE,

Section 17. Department of Public Health.

A. Medical Care Administration--Operations F.Y. 1972 ...__.__.__.___________.____..._,,_.__________._..-_____$ F.Y. 1973 ,,_--_.--.._...._._.._--_..._.__.__.____._.$

50,353,450 50,353,450

Provided that of the abc\*e appropriation, $250,000.00 is committed for Family Planning Program, in addition to any other funds available to the Health Department for this purpose.

B. Health Surveillance and Disease Control-- Operations F.Y. 1972 ,,__.___,,__,,___..__,,_,,__________._...,,--.___._$ F.Y. 1973 ,,_,,________,,.__________..._.____________.,,..__..,,,,.$

7,138,400 7,138,400

For the cost of operation, including pre-hospital care, inpatient hospital care, post-hospital care diag nostic services, drugs and field investigation; for the training of staff and early development services for the mentally ill, and the mentally retarded, to be provided by the Northwest Georgia Regional Hospital.

C. Community Health Services and Facilities--Grants to Counties
F.Y. 1972
F.Y. 1973

10,891,700 10,891,700

Provided that of the above appropriated amount an additional $800,000.00 is designated and committed for grants for the Community Mental Health Pro
gram.

Provided that the Department of Public Health shall, in F.Y. 1972, use $700,000 for mental retarda tion grants to counties (day care centers).

D. Environmental Health--Water Quality Control
F.Y. 1972 _.._.,,__.........,,.,,_......__.._.._........._.._.....:
F.Y. 1973 ___-.__._________--,,_-____.,,.-.--_---.___.,,

9,587,400 9,587,400

Other operations F.Y. 1972 ...._.__......,,.._.-.-..........___.-.-.-........__._..$ F.Y. 1973 __--_...._...,,.__._..-....-.__-__.--_._._-..$

1,928,300 1,928,300

WEDNESDAY, MARCH 10, 1971

2665

E. Mental Health--Operations, including pre-admission and post discharge services
F.Y. 1972 ___________________________________________.$
F.Y. 1973 -__________________._______-$

80,182,900 80,182,900

Authority Lease Rentals F.Y. 1972 _______________________________-_-__$ F.Y. 1973 _________________.___________--$

5,610,000 5,610,000

Capital Outlay F.Y. 1972 _________,,___,,_,,._______--$ F.Y. 1973 __________________________-______$

550,000 550,000

Provided that of the above appropriated amount relative to Personal Services $498,000 is designated and committed to provide 116 new positions for Gracewood State School and Hospital.
Provided that of the above appropriated amount, $342,000.00 is designated and committed for a Be havior Modification Program at Central State Hospital.

F. General Administration--Operations. F.Y. 1972 ___..__...____________ F.Y. 1973 _________________________

3,856,800 3,856,800

G. Psycho-Educational Centers F.Y. 1972 _______..______________________________-________________________-_$ F.Y. 1973 _____.________..__.__-__$

122,000 122,000

Provided that for the purpose of receiving Fed eral matching funds under Titles XVII 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 aggregate amounts remitted to the transferor institution in payment for services to eligible recipi ents; and shall have authority to use Title XVIII and Title XIX reimbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for 1970-71 for operating ex penses and additional personnel as necessary to meet requirements for payment or reimbursement, subject to prior approval by the State Budget Bureau.

2666

JOURNAL OF THE HOUSE,

Changed Objects:

Personal Services .___,,____.__.$ 85,315,800

Grants--Benefit Payments ._..._$ 156,590,000

Operating Expenses _-__-________--$ 27,113,700

Capital Outlay ._..__.._._.____$ 550,000

Grants to Counties-- Health Services ._._

..$ 12,783,100

Provided that the Georgia Department of Public Health on July 1, 1971, shall effect reductions in unit payments for medical services in every area pos sible so as to insure the adequacy of the Medical Care Administration appropriation for the entire fiscal year in 1972, with the roll growth anticipated in the formu lation of the Governor's recommendation appropria tion.

Provided, however, that when patients are trans ferred from the State institutions to the Adult Foster Care Program, the State Budget Bureau is autho rized to transfer from the respective institutional bud gets to the Program Administration and Community Mental Health budget amounts sufficient to defray the cost to the State of Adult Foster Care payments entailed by such patient transfers.
Provided that $250,000 from Capital Outlay shall be expended for renovation of admission wards at Cen tral State Hospital.

Provided that when Title XVIII and Title XIX funds in excess of the amounts shown in the annual operating budgets are received by budget units in this Section, the State Budget Bureau shall approve de partmental requests to budget such funds for posi tions which are budgetarily authorized but unfunded, to the extent that the unfunded nature of such posi tions 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 ___________________________-_._____. $

420,800 420,800

WEDNESDAY, MARCH 10, 1971

2667

Changed Object: Operating Expenses .____,,___-$

81,770

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 pursuant to Article VII, Section IX, Paragraphs IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately preceding year, less the amount of re funds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treas urer in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.

For general administrative cost of operating the Highway Department, including equipment and com pensation claims.

For lease rental obligations of the Highway De partment to Georgia Highway Authority and the Geor gia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the High way Department. Provided that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issu ance 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 Fed eral Government, including all cost items incident there to. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construc tion 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 Depart ment may add, delete and substitute Federal Aid proj ects to secure the full benefit of the Federal aid pro-

2668

JOURNAL OP THE HOUSE,

gram. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced bud getary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treas ury and constitutionally appropriated to the State Highway Department.

Operations (including Capital Outlay) F.Y. 1972 ___________________.........____.__._______..____$ 131,943,454 F.Y. 1973 _______________..._...----------$ 131,943,454

Construction: Authority Lease Rentals F.Y. 1972 .................................................^ F.Y. 1973 ______................................___..___.......$

21,739,533 21,739,533

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 ..... F.Y. 1973 .....

4,817,013.03 4,817,013.03

C. For grants to counties for aid in county road construction and maintenance.

Grants F.Y. 1972 ...........____..............____...._._._..._.$ F.Y. 1973 __.__.___....._.___..__________________._________$

4,500,000 4,500,000

The sum appropriated under C. shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department.
Provided, further, that a member of the govern ing authority of the county, designated by such au thority, shall execute an affidavit annually that funds

WEDNESDAY, MARCH 10, 1971

2669

authority, shall execute an affidavit annually that received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.
D. Grants to Municipalities for Capital Outlay. For grants to municipalities in accordance with the Act aproved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
Grants
P.Y. 1972
F.Y. 1973

9,317,000 9,317,000

Provided, further, that a member of the govern ing authority of the municipality, designated by such funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

E. Airport Development--State Share of Airport Development.

Construction: Capital Outlay F.Y. 1972 ___._.__.._._.._____....____________$ F.Y. 1973 __._____.____________S

976,347 976,347

Section 20. Public Service Commission.
Operations F.Y. 1972 _._._.____________. F.Y. 1973 _________._____.__

882,643 882,643

Changed Objects: Personal Services _ Operating Expenses

770,909 111,734

2670

JOURNAL OF THE HOUSE,

Provided, that the number of authorized employees shown in the Budget Report is hereby increased from 60 to 65.

Section 21. Commission on Aging.

Operations F.Y. 1972 _._.._... F.Y. 1973 --_..

Changed Objects: Personal Services _ Operating Expenses

124,415 38,145

87,560 87,560

Section 22. Department of Family and Children Services.

Operations F.Y. 1972 _____.__..___._._._.___.____$ F.Y. 1973 ___,,.,,_.__..________________________.___$

85,846,538 85,846,538

Changed Objects:
Grants to counties for administration and services __S

38,000,000

Grants to individuals for support ____.____._____$ 233,654,415

Capital Outlay

415,500

Grants to counties for countyowned detention centers ___
Operating Expenses

1,000,000 5,763,100

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 personal services, the Department of Family and Children Serv ices 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 pur pose for which provided.

WEDNESDAY, MARCH 10, 1971

2671

Provided, that when Federal funds in excess of the Federal funds anticipated in this Act become avail able to the Department of Family and Children Serv ices, the State Budget Bureau shall have authority to approve departmental requests to budget such funds for positions and operating expenses to the extent that the State Budget Bureau can substantiate that such approval will not create the need for additional State funds in a subsequent fiscal year, subject to prior ap proval by the Fiscal Affairs Subcommittees of the Senate and the House of Representatives.

Section 23. Workmen's Compensation, State Board of.

Operations F.Y. 1972 _______ F.Y. 1973 ____.....

770,844

.__$

770,844

Changed Objects: Personal Services ___._ Operating Expenses ___ -$

689,204 81,640

Section 24. Department of Veterans Service-- Veterans Service Board.

Operations F.Y. 1972 F.Y. 1973 ____________

3,454,014 3,464,014

Changed Objects: Personal Services __________$ Operating Expenses __________$ Capital Outlay _______________$

1,414,699 229,810 45,156

Provided, that of the above appropriated amount relative to Capital Outlay $45,156.00 is designated and committed for construction of offices on the east porch of the Georgia War Veterans Nursing Home for use by Field Office personnel.

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.

2672

JOURNAL OP THE HOUSE,

Operations F.Y. 1972 ________._____.________..$ F.Y. 1973 ---___------_____---_______?

115,000 115,000

B. Work Incentive Activity.

Operations F.Y. 1972 _._..____._.._._..__._.__...._.___$ F.Y. 1973 _____.__.____.._._.--__.___$

362,739 362,739

Section 26. Industry and Trade, Department of.

Operations

'

F.Y. 1972 ----..__.____.._.__.._____________._.$ 3,099,459.81

:

F.Y. 1973 --.._.___.__.._._..___-----__$ 3,099,459.81

Construction:

Capital Outlay F.Y. 1972 __.._-___._.--.___________F.Y. 1973 --__________________________..___.._

--0-- --0--

Authority Lease Rentals F.Y. 1972 ......____________________.....__.....___$ F.Y. 1973 .....__..___......_.__.__--___$

Changed Objects: Operating Expenses ._.-.-....--._$ 1,019,521.00 Advertising .....__..._____........$ 762,432.81

Provided, that of the above amount, $75,000 is desig nated and committed for the planning and development of a World Trade and Convention Center.

Section 27. Science and Technology Commission.

Operations F.Y. 1972 ......_._.._.__.____..............___.....__$ F.Y. 1973 __..._.__________....._.._........._.__.....__,,$

Changed Objects: Personal Services ................_..._..___$ Operating Expenses __.............$

84,000 21,000

2,000,000 2,000,000
105,000 105,000

WEDNESDAY, MARCH 10, 1971

2673

Section 28. Agriculture, Department of.
Operations F.Y. 1972 _..._.__._....__._....._.._._____.._._.._.___$ F.Y. 1973 ____---_-____---__.._...__-__,..?
Construction: Capital Outlay F.Y. 1972 _....._..._..___._.__.__..._.._...____........____$ F.Y. 1973 ________,,___..........__.._..,,._...._....___$

8,891,530 8,891,530
160,000 160,000

Authority Lease Rentals F.Y. 1972 _-_.--___._.__...___.__._.......___.$ F.Y. 1973 _.___._..__.___.__...__._._.__-_...$

1,125,000 1,125,000

Fire Ants F.Y. 1972 ____.______.._________.._._____$ F.Y. 1973 .__.______.__.__._.___,,_._.._$
Indemnities F.Y. 1972 ___.____._......_____.._.___,,$ F.Y. 1973 _._.._._..____.......____._._...._.__$
Changed Object: Operating Expenses .....__-_._....$ 3,161,240

1,500,000 1,500,000
236,600 236,600

Provided, that from the above appropriated amount for Authority Lease Rentals, $225,000 is designated and committed to pay rentals to the Georgia Building Authority (Markets) to permit the issuance of bonds to finance new projects. Provided, that the Depart ment of Agriculture shall set as a rental for any fa cility or part thereof constructed with capital outlay or bond proceed funds, a rental rate which, on lease of one (1) year or longer, will amortize the cost of pro rata cost of construction over a period of 30 years on the reasonable life of the facility if the same should be less than 30 years.
Section 29. Department of Mines, Mining and Geology.
Operations:
General Operations
F.Y. 1972 ....___....__.__..___..__-_-,__.__$
F.Y. 1973 ____________..____._____$

414,100 414,100

2674

JOURNAL OF THE HOUSE,

Water Resources Research F.Y. 1972 ____.___._______________._$ F.Y. 1973 _______________.._____.________$

150,000 150,000

Topographic Information F.Y. 1972 ._________.___--_________________$ F.Y. 1973 ________________________$

Changed Objects: Personal Services ._.._________-__$ Operating Expenses _.._.__.__$

339,645 519,030

Section 30. Ocean Science Center of the Atlantic.

35,000 35,000

Operations F.Y. 1972 _.__________________,-.____________$ F.Y. 1973 _________________._________$

279,200 279,200

Construction: Capital Outlay F.Y. 1972 _________________________$ F.Y. 1973 ____________________________$

490,000 490,000

Changed Object: Operating Expenses ___.___$

124,200

Section 31. Altamaha River Basin Development Commission-

Operations F.Y. 1972 _____ F.Y. 1973 _____.
Changed Object: Operating Expenses _________$

42,500

43,800 43,800

Section 32. Georgia Commission for the Development of the Chattahoochee River Basin.

Operations F.Y. 1972 _____ F.Y. 1973 _____

.____$

6,920

__$

6,920

WEDNESDAY, MARCH 10, 1971

2675

Section 33. Public Safety, Department of.
Operations F.Y. 1972 ___________....____._______---_.._.--. F.Y. 1973 ._-__._-__..-_--_-_-----__----

17,222,508 17,222,508

Construction: Capital Outlay F.Y. 1972 ..... F.Y. 1973 ._,,

--0--

Changed Objects:

Personal Services __________

$

Operating Expenses __-_.--...__$

13,017,000 5,514,000

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 .---_-_-_-_______.._________________-__-_______$

239,842 239,842

Section 35. Probation, State Board of.

Operations F.Y. 1972 ____________.,,_._.___________.__$ F.Y. 1973 ________.___._____________._$

Changed Object: Operating Expenses __________________$

651,209

Section 36. Pardons and Paroles, State Board of.

Operations F.Y. 1972 _________________.__.______$ F.Y. 1973 _________________________$

Changed Object: Operating Expenses _____.._$

222,655

2,164,900 2,164,900
1,360,500 1,360,500

2676

JOURNAL OF THE HOUSE,

Section 37. Corrections, State Board of.

Operations F.Y. 1972 __,,,,___________________________________._____.____$ F.Y. 1973 ,,--_-_-_----__.._._...,,..__.________$

16,789,693 16,789,693

Construction: Capital Outlay F.Y. 1972 ,,_._____---____________________,,$ F.Y. 1973 ..__._._.__.____,,______________________-$

440,000 440,000

Authority Lease Rentals F.Y. 1972 ___,,_-___,,,,________._.______$ F.Y. 1973 .......-----____..._.......__.-.-._.___________,,....$

1,273,000 1,273,000

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.

Changed Object: Operating Expenses ._.____,,___._$ 7,028,850

Section 38. Coordinator of Highway Safety.

Operations F.Y. 1972 _____,,,,-._,,____.__........._____..,,.._..$ F.Y. 1973 ._._.,,...____________________________________-J

103,450 103,450

Changed Object: Operating Expenses _..--____$

60,450

Section 39. Defense, Department of.

Operations F.Y. 1972 __...____________________________$ F.Y. 1973 _______________________--$

1,134,775 1,134,775

Changed Objects: Personal Services _____.___$ Operating Expenses ._____________$ Capital Outlay -____________$

917,516 180,799
3,000

WEDNESDAY, MARCH 10, 1971

267T

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 planning.

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 P.Y. 1972 ________________________._$ F.Y. 1973 ___.___----__--__,,_._,,____$

1,837,600 1,837,600

Changed Objects: Personal Services __..____.._.$ Operating Expenses _____.....$

1,736,017 655,949

Section 41. Banking, Department of.
Operations F.Y. 1972 __--________--.___.__--.__$ F.Y. 1973 ......_..._......_._.__.___--------------___$

890,803 890,803

Changed Object: Operating Expenses ___-_._$

183,755

Section 42. Literature Commission.
Operations F.Y. 1972 --__--.__----___._...__.__-__$ F.Y. 1973 _--------_--------____----_--------_--------$

18,400 18,400

Changed Object: Operating Expenses _~__.__.___$

6,800

Section 43. Game and Fish Commission.

Operations F.Y. 1972 .______________________________-_.$ F.Y. 1973 ________________________________$

5,400,872 5,400,872

2678

JOURNAL OF THE HOUSE,

Construction: Capital Outlay F.Y. 1972 _....___. F.Y. 1973 __.._.

682,000 682,000

Changed Objects: Personal Services _..._._..____._$ Operating Expenses ._.___..__$ Capital Outlay _______________________.$

4,046,939 2,681,083
877,000

Provided that of the above amount appropriated for construction, $150,000 shall be used to match Fed eral funds for the purpose of constructing a public fishing lake in Chattooga County.

Section 43A. Groveland Lake Development Com mission.

F.Y. 1972 .__.___________.__.______$ F.Y. 1973 .__.____._______________$

100,000 100,000

Section 44. Recreation Commission.
Operations F.Y. 1972 __....__.____________.____$ F.Y. 1973 ___________________________________._$

121,385 121,385

Changed Object: Operating Expenses _______$

35,578

Section 45. Stone Mountain Memorial Committee.
Operations F.Y. 1972 _.....___.........__....._._.____._ F.Y. 1973 .__..................__.....___._,,_._.__...

--0-- --0--

(No direct State General Fund appropriation is required.)

Section 46. Jekyll Island Committee.
Operations F.Y. 1972 _.__........___..__.___._.._....._......__.__$ F.Y. 1973 ___.__.______.____._.______$

200,000 200,000

WEDNESDAY, MARCH 10, 1971

Section 47. North Georgia Mountains Commission.

Operations

F.Y. 1972 __.....__.____.______...___...$ F.Y. 1973 _________.__________.__$

Construction: Capital Outlay F.Y. 1972 __....__.__......_._.._____......___$ F.Y. 1973 __.___.._._._._.____.._._.._..___._____$

Changed Objects: Operating Expenses __._____.$ Capital Outlay __.......__.__.$

189,872 161,103

Provided that of the above appropriated amount for F.Y. 1972, $86,000 shall be used only to provide mov able equipment and furnishings for 20 cottages con structed under Economic Development Administration project number 04-1-00092P.

Provided that of the above appropriated amount relative to Operating Expense, $39,000 is designated and committed solely for the purpose of contracting with professional firms for interior design, management of construction, and management and operational sys tems for EDA Project 04-1-00092P.

Provided that of the above appropriated amount relative to Capital Outlay, $8,000 is designated and com mitted solely for the purpose of expanding and re modeling the present administrative offices, contingent upon approval of EDA Project 04-1-00092P.

Section 48. Lake Lanier Islands Development Com mission.

Operations F.Y. 1972 ..........__.....________________$ F.Y. 1973 ..____..........__.______.____$

Construction: Capital Outlay F.Y. 1972 ___________________.___$ F.Y. 1973 ...._____....._____________....._.$

2679 295,697 295,697 161,103 161,103
221,580 221,580 839,000 839,000

2680

JOURNAL OP THE HOUSE,

Changed Objects: Personal Services .._._....._._..._._.$ Operating Expenses ..._._..__..._$ Capital Outlay -_____...._._....._$

129,580 120,500 939,000

Section 49. Parks, Department of.

Operations F.Y. 1972 ________________________________$ F.Y. 1973 __________________________........_._,,__..$

2,504,350 2,504,450

Natural Areas Council F.Y. 1972 ______________________________________________________.___.______$ F.Y. 1973 ._...._......__.._.__..._._._____________.$

36,500 36,500

Construction: Capital Outlay F.Y. 1972 ___.....____.____._____________..____$ F.Y. 1973 .__...._..__._.._._____.__.___.$

924,892 924,892

Authority Lease Rentals F.Y. 1972 _______________.______.____._____$ F.Y. 1973 ._._.._...____.__________.___.$

2,346,000 2,346,000

Changed Objects: Operating Expenses _._____._$ Capital Outlay ________.__$ Grants for Land Acquisition __$

1,517,707 940,642 200,000

Provided, that no land shall be purchased for State park purposes without the approval of the State Properties Acquisition Commission.

Provided that the above appropriation will be used to provide no more than 25% matching of Fed eral and local funds for land acquisition for Tired Creek Park B.O.E. #10-00060.

Provided that from the above appropriated amount for Authority Lease Rentals, $200,000.00 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.

WEDNESDAY, MARCH 10, 1971

2681

Provided that of the above appropriated amount relative to Capital Outlay, $96,000 is designated and committed for projects at Coffee County State Park.

Section 50. Soil and Water Conservation Com mittee:

Operations P.Y. 1972 _.__.__..__.,,__-_-_-________-____-_$ F.Y. 1973 .__________.____._-__-_-.__._......,,_-.-___..$

506,700 506,700

Changed Object: Operating Expenses ..._._,,_._~_$

473,787

Section 51. Forest Research Council.

Operations F.Y. 1972 ____.__,,__. -- -----..,,--$ F.Y. 1973 ._.__....._...__------.__.--..----$

455,200 455,200

Changed Object: Operating Expenses _____________$

402,635

Section 52. Forestry Commission:
Operations F.Y. 1972 ___________----------_-_----$ F.Y. 1973 ----.---------.-____--$

7,055,371 7,055,371

Construction: Capital Outlay F.Y. 1972 __.__...___--_._..--____.....___... F.Y. 1973 ....__---------------.._-__.___..___...

--0-- --0--

Changed Objects: Personal Services _._--_.____--_$ Operating Expenses ,,___..__--__$

7,572,840 2,153,175

Section 53. Mineral Leasing Commission.
Operations F.Y. 1972 ___________________________________________._$ F.Y. 1972 ....__._____....._.._.__....___.._.__..$

5,000 5,000

2682

JOURNAL OF THE HOUSE,

Section 54. Department of Mines, Mining, and Geology, Surface Mined Land Use Board.

Operations F.Y. 1972 ___________...__.._________.._._____$ F.Y. 1973 __.__,,_.__.___...._.__.._....__$

171,200 171,200

Changed Object: Operating Expenses ._.._.____$

58,200

Section 55. Treasury, State.

Operations F.Y. 1972 _.________....______.._.____.$ F.Y. 1973 _...__...__.._.__.._.._____...._.__$

168,200 168,200

Changed Object: Operating Expenses _-_....__.$

23,900

Section 56. Budget Bureau.

Operations F.Y. 1972 _____...___.._____....._______$ F.Y. 1973 __.__.__..___.._._.______.____$

433,190 433,190

Section 57. Revenue, Department of.

Operations F.Y. 1972 ______......_________.____.$ F.Y. 1973 __-__.___--______--__..$

14,431,300 14,431,300

Loans to Counties--Tax Reevaluation F.Y. 1972 _._._._.._.___.__._.____.....__$ F.Y. 1973 ....__._._.....__.._.._.______--.__$

40,912 40,912

Motor Vehicle Tag Purchases F.Y. 1972 .__.___.._.._.._._____........_____$ F.Y. 1973 __..._._._...____..._____..........__...$

368,450 368,450

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 coun ties during the fiscal year in such amount and for

WEDNESDAY, MARCH 10, 1971

2683

the same purpose as originally appropriated, but not to exceed $284,088 in F.Y. 1972 and $208,035 in P.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 __.._.....___________......... -_--___.____._$

715,000 715,000

Changed Object: Employer Contribution ___,,__________-.$

715,000

Provided that the above amount shall be used to increase retirement benefits to retired State employees as provided by Act passed at regular 1971 sesssion.

Section 59. Employees Assurance Department.
Operations F.Y. 1972 __.....__._____............___......__.._. F.Y. 1973 ___.._........._.__.......______..._._..__....
(No direct State General Fund appropriation is required.)

--0-- --0--

Section 60. State Merit System of Personnel Ad ministration.
Operations F.Y. 1972 --------__.._____._.--__.__...... F.Y. 1973 -------.._..___________-__..___.......
(No direct State General Fund appropriation is required.)

--0-- --0--

Section 61. Secretary of State.
Operations F.Y. 1972 ___.._._........_____..._____.........__..$ F.Y. 1973 ________________________________________...._..._$

3,808,490 3,808,490

Special Repairs F.Y. 1972 ______________________...___.____...$ F.Y. 1973 _._._.._._._____.__.______.____.._.$

100,000 100,000

2684

JOURNAL OF THE HOUSE,

Construction: Authority Lease Rentals F.Y. 1972 ...______.________.__.....__.................$ F.Y. 1973 ___.___________________________________________._.$

815,000 815,000

Changed Objects: Personal Services ....--..__.___.$ Operating Expenses ......___,,.,,?

2,560,288 1,248,202

Section 62. Library, State.

Operations F.Y. 1972 ._.__._._____._.______.___.___.__,,_.___...--$ F.Y. 1973 _........_.._....__......_..._...._.......____..........._$

Changed Object: Operating Expenses __._..____.________$

6,700

140,162 140,162

Section 63. State Computer Service Center.
Operations F.Y. 1972 ............---..---------.-.---$ F.Y. 1973 __.._._.,,_.__.__..______________.__.___,,._..-.--.-$

400,000 400,000

Section 64. Purchases, Supervisor of.
Operations F.Y. 1972 ..........__...._______________._________.--$ F.Y. 1973 .........__.___.__._._______________._.._..-.$

Changed Object: Operating Expenses ..._..--.._....$

77,960

994,504 994,504

Section 65. Capitol Square Improvement Com mittee.
Operations F.Y. 1972 ,,__.......,,......._......_..._.........__,,.-........$ F.Y. 1973 --__..................___.____._._.._..._....?

150,000 150,000

WEDNESDAY, MARCH 10, 1971

2685

Construction: Authority Lease Rentals F.Y. 1972 ____._______.__....._,,..._.____________...,,..............$ F.Y. 1973 ......___.._________________,,__._..____,,.._____..$

3,112,752.87 3,112,752.87

Section 66. State Properties Control Commission Operations

P.Y. 1972 F.Y. 1973

________,,_________._$ ..__,,_,,____--__.$

50,000 50,000

Section 67. Air Transportation, Department of

Operations

F.Y. 1972

___,,__.,,____.____,,__$

F.Y. 1973 ___________________.____...........,,.........-_-.._-._..-__.__$

314,756 314,756

Changed Objects: Personal Services ._._._......______$ Operating Expenses .._...--_.____$

175,756 139,000

Section 68. Executive 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, dues to the Governors' Conferences, the South ern Interstate Nuclear Compact, and the Advisory Commission on Intergovernmental Relations, and other special committee expenses.

Operations F.Y. 1972 .__.__________________--..____________$ F.Y. 1973 _____________.______________,,,,.____$

638,200 638,200

Mansion allowance F.Y. 1972 ___________________.___$ F.Y. 1973 ________________.._.____$

25,000 25,000

Section 69. Executive Department--Governor's Emergency Fund.

2686

JOURNAL OF THE HOUSE,

There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergen cies by the Governor and to be expended by the Gov ernor in his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in ac cordance with other provisions of State law and the Constitution.
Emergency Fund
F.Y. 1972 ___........_._._..__.._._..._.-_.__...___$
F.Y. 1973 ._.__..____...._..__________-_._____$

2,100,000 2,100,000

Provided that $100,000.00 of the above appropria ted amount is designated and committed to the Atkinson County Board of Education for use at the Willocoochee School, further provided that such funds shall not be made available until the Atkinson County Board of Education has reached maximum bonding capacity.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger there of or other grave emergency when available funds are not sufficient for such purpose.
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 respective agency for the purpose for which provision is made in this item, unless the payment is for reim bursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General or Deputy Assistant Attorneys General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of way on the State road system, and contract law suits, or unless the payment is made from funds appropri ated to the Executive Department for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys General au thorized to be appointed by the Governor.

WEDNESDAY, MARCH 10, 1971

2687

Operations F.Y. 1972 ..__.__..___...._____..___....._.._$ F.Y. 1973 ________________________________________________.,,$

1,160,248 1,160,248

Changed Objects: Operating Expenses ______.___$

180,248

Section 71. Bureau of State Planning and Com munity Affairs.

Operations F.Y. 1972 ________________________._$ F.Y. 1973 ________________.________$

912,085 912,085

Grants:
Area Planning and Development Commissions
F.Y. 1972 _______________________$
F.Y. 1973 ________________________$

1,154,102 1,154,102

Provided that only the matching formula in effect on July 1, 1970, shall be used to determine the allocation of State funds to Area Planning and Development Commissions.

Changed Objects: Operating Expenses _ ___$ Grants to APDC's _________$

436,725 1,154,102

Provided that of the above appropriated amount relative to operating expense, $30,000.00 is designated and committed for a Demographic Center.

Section 72. Grants to Counties and Municipalities.

Grants to Counties (Act 607, Ga. Laws 1967, p. 888) F.Y. 1972 _._______________________$ F.Y. 1973 _______..__________.________$

2,600,000 2,600,000

Grants to Municipalities (Act 609, Ga. Laws 1967, p. 889)

F.Y. 1972 ___________

F.Y. 1973 _______

____-_$

4,200,000 4,200,000

2688

JOURNAL OF THE HOUSE,

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 vir tue of the said wholesale distributor being engaged in retailing gasoline.

Section 74. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Con stitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any 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 provisions of this Act are insufficient in any year to make the re quired payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satis fy such deficiency in full and the lease payment con stitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease 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 Gen eral Assembly at the regular 1971 session, except as otherwise specified in this Act; provided, however, the

--0-- --0--

WEDNESDAY, MARCH 10, 1971

2689

Director 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 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 between objects without the prior approval of at least eleven (11) mem bers of the Fiscal Affairs Subcommittees in a meet ing 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 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 hereinbefore for transfers.

Section 75A. 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 amount following such object classification from the amount provided in the Budget Report submitted to the 1971 General Assembly.

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.
TOTAL APPROPRIATIONS
F.Y. 1972 .__._..._.__.._._.._.__________._.____-_.$l,199,550,513.71
F.Y. 1973 ...___.__....._________....____-$1,199,550,513.71
Section 77. This Act shall become effective upon

2690

JOURNAL OF THE HOUSE,

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.

Mr. Ployd of the 7th moved that the House disagree to the Senate substitute.

The motion prevailed and the Senate substitute to HB 91 was disagreed to.

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.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 142 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. Any Judge of the Municipal Court, City of Au gusta, Richmond County, Georgia, or Civil Court of Richmond Coun ty, Georgia, whether appointed or elected or both, as the case may be, who shall have at least 25 years of service, 5 years of which may be as an employee of the county, or as Assistant Solicitor of the State Court of Richmond County, and 20 years of which may be as Judge of the Municipal Court or Civil Court of Augusta, Richmond County, Georgia, or as Judge or Solicitor of any Court of Record in Richmond County, Georgia, from which an appeal may be taken directly to the Court of Appeals of Georgia, or the Su preme Court of Georgia, being allowable in computing such 25 years of service; and who is still in service as such Judge at the time of his eligibility, shall be eligible to become Judge Emeritus at his discretion at any time after becoming eligible. Provided further, that any Judge of the Municipal Court, City of Augusta, Richmond County, Georgia, or Civil Court of Richmond County, Georgia, who shall have attained the 25 years of service aforesaid may elect to become Judge Emeritus and become Judge Emeritus of said Court, by presenting to the Board of Commissioners of Roads and Rev enue of Richmond County, Georgia, satisfactory evidence of eli gibility as above set out, at which time he shall become Judge Emeritus."
Mr. Connell of the 79th moved that the House agree to the Senate amend ment.

WEDNESDAY, MARCH 10, 1971

2691

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 142 was agreed to.

HB 194. By Mr. Connell of the 79th and others:
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.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 194 as follows:
By inserting in the title, immediately preceding the phrase "to re peal conflicting laws", the following:
"to provide for a reduction in compensation under certain con ditions ;".
By striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows:
"Section 5. Said judge emeritus shall be entitled to receive and shall receive as compensation sixty percent (60%) of the total amount received while a regular judge as computed on the twelve (12) month period immediately prior to becoming judge emeritus, to be paid monthly out of the treasury of the county in which his court sat, by the person or persons charged by law with paying out the money of said county. Provided, however, the compensation payable hereunder shall be reduced by the amount any such judge emeritus is now or has been entitled to receive from any other pension or retirement system."

Mr. Connell of the 79th 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 194 was agreed to.
HB 432. By Mr. Miles of the 78th: A Bill to be entitled an Act to amend an Act abolishing the justice

2692

JOURNAL OF THE HOUSE,

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.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 432 as follows:
By striking quoted Section 9, 9A and 37 of Section 1 in their en tirety and inserting in lieu thereof new quoted Sections 9, 9A and 37 of Section 1, to read as follows:
"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 $8,472.00 per annum and the clerk 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 $6,132.00 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 $5,652.00 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 $8,472.00 per annum and the sheriff of said court shall have 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 $6,280.92 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 $6,081.96 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 or deputy sheriff may be discharged by the chief judge and/or clerk or 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.
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

WEDNESDAY, MARCH 10, 1971

2693

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 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 $4,560.00 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 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 stenographic 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 secre taries, 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 subject 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 ex ceed $4,831.00 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 a part of the court expenses of said court.

No credit for service shall be granted for any time during which a person was not 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."

Mr. Connell of the 79th 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 432 was agreed to.
HB 437. By Messrs. Scarborough, Bennett and Brown of the 71st, 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; and for other purposes.
The following Senate substitute was read:

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JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to amend an Act establishing the board of public education and orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as amended, particularly by an Act ap proved March 21, 1968 (Ga. Laws 1968, p. 2835), and an Act approved April 30, 1969 (Ga. Laws 1969, p. 3999), so as to change the composi tion of the members of the board; to change the method of selection of the members of the board; to provide qualification for such members; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing the board of public education and orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2835), and an Act approved April 30, 1969 (Ga. Laws 1969, p. 3999), is hereby amended by striking in its entirety Section 2A and substituting in lieu thereof a new Section 2A to read as follows:

"Section 2A. Notwithstanding the above provisions to the con trary, the board of public education and orphanage for Bibb County (hereinafter referred to as the "board") shall consist of fourteen members, twelve of whom shall be elected to the board in the manner hereinafter provided and two of whom shall occupy positions on the board by virtue of holding the office of Chairman of the Board of County Commissioners, or his nominee to be selected from among the county commissioners, and by virtue of being Mayor of the City of Macon, Georgia, or his nominee to be selected from among the members of the city council, respectfully. Should either or both of such officials appoint a nominee to serve, such nominee shall serve at the pleasure of the appointing official."

Section 2. Said Act is further amended by striking in its entirety Section 2B and substituting in lieu thereof a new Section 2B to read as follows:

"Section 2B. The twelve members of the board to be elected shall be identified by number in the following manner: the mem ber with the longest tenure as a member of the board shall be identified as Position 1; the member with the least tenure shall be identified as Position 12; the remaining members shall be assigned intervening position numbers according to their length of tenure. The first election for members to the board shall be conducted at the general election of 1972. At such election the electorate shall elect members to fill positions 1-3. At a special election to be held in 1973 the electorate shall elect members to fill Position 4-6. At the general election to be held in 1974 the electorate shall elect members to fill Positions 7-9. At a special election to be held in 1975 the electorate shall elect members to fill Positions 10-12. Candidates elected to the board in any such election shall take office on the first day of January following their election and shall serve until

WEDNESDAY, MARCH 10, 1971

2695

their successors are duly elected and qualified. All members so elected shall serve for a term of six years. All special elections provided for herein shall be held on the Tuesday following the first Monday in November in the respective year."

Section 3. Said Act is further amended by striking Section 20 in its entirety and substituting in lieu thereof a new Section 2C to read as follows:

"Section 2C. In order to be eligible to serve as a member of the board, a candidate shall be at least 21 years of age, and have been a resident of Bibb County for at least one year. All members shall be elected from among eligible candidates, as herein provided, by the registered voters of the Bibb County School District."

Section 4. Said Act is further amended by striking Section 2D in its entirety and substituting in lieu thereof a new Section 2D to read as follows:

"Section 2D. Any vacancies occurring on the board as the result of the death, resignation, incapacity of a member, or for any other reason, shall be filled as expeditiously as possible by the remaining members of the board by electing a qualified person who shall serve out the unexpired term of that board member's position. In each in stance it shall take a vote of at least eight members of the board to elect a new member to fill a vacant position. All appointments made by the board shall be subject to the approval or rejection of the next succeeding grand jury which convenes immediately follow ing the appointment. The names of all such appointees shall be sub mitted by the board of said grand jury; and the grand jury by a majority vote shall either approve the appointment made by the board or reject said appointment. In the event any appointment shall be rejected by the grand jury, a vacancy shall immediately be deemed to exist on the board; and the board shall elect another qualified person to fill said vacancy, who shall also be subject to the approval or rejection of the next succeeding grand jury."

Section 5. Said Act is further amended by striking Section 2E in its entirety and substituting in lieu thereof the following:

"Section 2E. Members of the board who have served two con secutive six-year terms on the board and members of the board who have attained the age of 70 years shall not be eligible for re-election as a member of the board."

Section 6. Said Act is further amended by inserting following Section 2H the following new section:

"Section 21. No member of the board shall have any financial dealing with the board."

Section 7. The members of the board serving thereon at the time of the approval of this Act shall continue to serve until December 31st

2696

JOURNAL OF THE HOUSE,

of the year in which their respective positions shall have been filled by election by the electorate unless any such member shall be elected to a six-year term as provided hereinbefore.

Section 8. It shall be the duty of the Ordinary of Bibb County to issue the call for an election for the purpose of submitting this Act to the electors of the Bibb County School District for approval or re jection. The Ordinary shall set the date of such election for the Tues day following the first Monday in November in 1971. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bibb County. The ballot shall have written or printed thereon the words.
"YES ( ) Shall the Act providing for a fourteen member board NO ( ) of public education and orphanage for Bibb County and changing the method of selecting members there to be approved?"
All persons desiring to vote in favor of the Act shall vote "Yes", and those 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. The expense of such election shall be borne by Bibb County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such elec tion under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result . of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 9. The provisions of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Miller of the 83rd moved that the House disagree to the Senate substitute.

The motion prevailed and the Senate substitute to HB 437 was disagreed to.

HB 498. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to authorize Warren County to employ a full-time county policeman; and for other purposes.

The following Senate amendment was read:

WEDNESDAY, MARCH 10, 1971

2697

The Committee on County and Urban Affairs moves to amend HB 498 as follows:

By striking from lines 14 and 15 of page 1 the following:

", plus $100.00 per month for expenses".

By striking the word "olive", which appears on line 7 of page 2.

Mr. Johnson of the 29th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 105, nays 0.

The Senate amendment to HB 498 was agreed to.
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 con struction contracts; to provide an alternate escrow procedure for re tained amounts on road construction contracts; and for other purposes.
The following Senate amendment was read:
Senator Overby of the 49th moves to amend HB 379 by deleting the words on line 1 in their entirety.
Mr. Vaughn of the 74th 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, Marivn 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 Cheeks Clements Cole Collier

2698
Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Egan Evans Ezzard Floyd, J. H. Ployd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson 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 Levitas Lewis
Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell
McCracken McDaniell McDonald Melton Merritt Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson

Patten Pearce
Peters Phillips, G. S. Phillips, L. L. Pickard
Poole Potts 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

Those not voting were Messrs. :

Blackshear Collins, S. Dailey Davis, E. T. Dean, J. E. Edwards Farrar Felton Gaynor

Grahl Greer
Gunter Hood Howell
Isenberg Longino Matthews, D. R. Miller

Moore Murphy
Phillips, W. R. Pinkston
Rainey Reaves Russell, W. B. Thomason Mr. Speaker

WEDNESDAY, MARCH 10, 1971

2699

On the motion, the ayes were 168, nays 0.

The motion prevailed and the Senate amendment to HB 379 was agreed to.

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; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Appropriations moves to amend HB 231 as follows:
By striking from line 24 on page 1 the word "or" and inserting in lieu thereof the word "and".

Mr. Matthews of the 16th 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, 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 Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, Gib Dean, N.

Dent Dixon Dorminy Drury Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris

2700
Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson 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. Le vitas Lewis Logan Lowrey

JOURNAL OF THE HOUSE,

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. Pickard Pinkston Poole Potts

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 Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Williams Wilson Wood

Those not voting were Messrs.:

Barfield Blackshear Buck Collier Collins, S. Dailey Davis, E. T. Dean, J. E. Edwards Farrar

Felton Gaynor Grahl Gunter Hood Isenberg " Leggett Longino Matthews, D. R. Moore

Murphy Phillips, W. R. Rainey Reaves Russell, W. B. Sweat Thomason Townsend Whitmire Mr. Speaker

On the motion, the ayes were 165, nays 0.

The motion prevailed and the Senate amendment to HB 231 was agreed to.

WEDNESDAY, MARCH 10, 1971

2701

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

Mr. Speaker:

The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 91. By Mr. Smith of the 43rd and others:
A Bill 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.
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 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 and others:
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.

Mr. Floyd of the 7th 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. 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 Bill of the Senate was again taken up for consideration:
SB 139. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend an Act governing the use of the public roads and highways in this State, so as to provide that any ve hicle which has transported loads of matter, may, after depositing said load, return to its point of origin; and for other purposes.

2702

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Mr. Vaughn of the 74th moves to amend SB 139 by substituting the following for the complete sentence, Section 1, Line 21, Page 1, begin ning, "Any vehicle or combination . . ." and extending through the end of said sentence, Line 2, Page 2, ending "provided for herein".

Provided further that any vehicle or combination of vehicles, except a vehicle or combination of vehicles having a trailer or com bination of trailers with side walls or roof, which has transported
a load of either poles, logs, pilings, lumber, structural steel, timber, structural members, piping, or prestressed and precast concrete may after depositing any said load, return unloaded to its point of origin even though the unloaded vehicle or combination of unloaded ve hicles exceeds the fifty-five (55) foot limitation provided for herein.

Mr. Vaughn of the 74th moves to amend SB 139 by substituting the following for the complete sentence, Section 1, Line 1, Page 3, beginning, "Any vehicle or combination . . ." and extending through the end of said sentence, Line 8, Page 3, ending "provided for herein".

Provided further that any vehicle or combination of vehicles, except a vehicle or combination of vehicles having a trailer or com bination of trailers with side walls or roof, which has transported a load of either poles, logs, pilings, lumber, structural steel, timber, structural members, piping, or prestressed and precast concrete may after depositing any said load, return unloaded to its point of origin even though the unloaded vehicle or combination of unloaded ve hicles exceeds the fifty-five (55) foot limitation provided for herein.

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 Alien Atherton Battle Bell Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Brown, B. D. Brown, S. P. Buck Carr Carter Chance Chandler 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 Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gary

WEDNESDAY, MARCH 10, 1971

2703

Gaynor Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson 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.

Lewis Logan Longino Lowrey Marcus 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 Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard 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. Snow Sorrells Sweat Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Alexander, W. M.
Barfield Bennett, J. T. Berry Blackshear
Bray Brown, C. Burruss
Busbee Collins, S. Colwell Conger Dailey

Daugherty Dean, Gib
Dixon Dorminy
Drury Edwards Egan Ezzard
Parrar Geisinger Grahl
Hawes Hill, B. L.
Hood Isenberg

Jones, J. R. Lambert Leggett Levitas Mason Melton Phillips, W. R. Rainey Russell, W. B. Stephens Strickland Thomason Townsend Wheeler, Bobby Mr. Speaker

2704

JOURNAL OF THE HOUSE,

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

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

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

SR 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 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 Bennett, J. T. Black 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, M. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Drury Ezzard Farrar Felton Floyd, J. H. Fraser Gaynor Gignilliat Grantham Greer Griffin Gunter Hadaway

Ham Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knowles Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan

WEDNESDAY, MARCH 10, 1971

2705

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 Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole
Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough

Sherman Sims Smith, H. R. Smith, J. R. 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.:

Adams, Marvin Bennett, Tom Berry Blackshear Bray Buck Collins, S. Colwell Conger
Dailey
Dixon
Dorminy
Edwards
Egan
Evans

Ployd, L. R. Gary Geisinger Grahl Granade Hamilton Hill, B. L. Hill, G. Hood
Isenberg
Jordan
Knight
Kreeger
Lambert
Leggett

Le vitas Noble Phillips, W. R. Pickard Potts Rainey Savage Shanahan Shepherd
Smith, V. T.
Snow
Thomason
Townsend
Wamble
Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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.

2706

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 109, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 246. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act prohibiting motor vehicle races without a license, 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.

The report 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.
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 revise and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; and for other purposes.

WEDNESDAY, MARCH 10, 1971



2707

An amendment offered by the Committee on Retirement was read and with drawn.

The following amendments were read and adopted:
Mr. Busbee of the 61st moves to amend Senate Bill 151 as follows:
By striking from Section 1 Subparagraph (b) (9) and inserting in lieu thereof a new Subparagraph (b) (9) to read as follows:
"(9) Members, the Chancellor and Vice Chancellors of the Board of Regents and all officers, officials and employees of the State University System.
The officers, officials and employees of the State Highway Department of Georgia."
and by adding in Section 1 Subparagraph (c) on page 4, line 25 after the word "corporations" and before the word "department" the words,
"the State Highway Department of Georgia, and the Board of Regents of the University System of Georgia."
Messrs. Busbee of the 61st, Dorminy of the 48th and others move to amend Senate Bill 151 as follows:
By inserting between the words "services," and "and" on line 25 of page 1, the words "Director of the Georgia Forestry Commission,"
and by changing the period at the end of subsection 1 (b) (7) to a comma and inserting the words "except where specifically included."
and by adding the following language at the end of section 10:
"An Act providing for the creation of the Georgia Forestry Commission, approved March 3, 1955 (Ga. Laws 1955, p. 309) is hereby amended by striking from section 20 thereof the words "and shall hold office at the pleasure of the Commission."

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 117, nays 9.

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

2708

JOURNAL OF THE HOUSE,

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.

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 Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon
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, 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. Fraser
Gary Geisinger Grahl Grantham Griffin
Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson 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 Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin

WEDNESDAY, MARCH 10, 1971

2709

Mullinax
Nessmith
Noble Northcutt Nunn Odom
Oxford 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, V. T. Snow Sorrells
Stephens

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

Those not voting were Messrs.:

Battle Blackshear
Bostick Bowen Carter Collier
Collins, S.
Coney, G. D. Dailey
Dean, J. E.

Floyd, L. R. Gaynor
Gignilliat Granade
Greer Gunter Hill, B. L. Hood
Isenberg Jordan

Moore Murphy
Patterson Reaves Smith, J. R. Thompson
Ware Mr. Speaker

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

The Resolution, having received the requisite constitutional majority, was adopted.

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 benefits for appellate court judges; and for other purposes.

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:

2710

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Berry Buck Busbee Carr Chandler Chappell Conger Dent Felton Gary Griffin Hadaway Ham Hawes Howard Howell

Hutchinson Keyton Lambert Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Marcus Mason Matthews, C. Mauldin McCracken Melton Miller Morgan Moyer

Nunn
Odom Oxford Pearce Phillips, G. S. Pinkston Ross Russell, A. B. Russell, H. P. Smith, V. T. Snow Sorrells Vaughn Wamble

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Bohannon
Brantley, H. H. Brantley, H. L.
Brown, C. Brown, S. P. Chance
Cheeks Clements
Cole Coney, G. D.
Coney, J. L. Connell Cook
Davis, E. T. Davis, W. Dean, Gib
Dean, J. E. Dean, N. Dixon Egan

Evans Farrar Floyd, L. R. Geisinger Granade Grantham Hamilton Harrison Hays
Hood Housley
Hudson, C. M. Hudson, Ted Jessup Jones, Herb
Jones, J. R. Jordan King
Knowles Lane, Dick
Lane, W. J.
Larsen, G. K. Leggett Logan Longino
Lowrey Maxwell
McDaniell McDonald Miles

Milford Mulherin Nessmith Noble Northcutt Patterson Roach Rush Salem
Savage Scarborough Shanahan Shepherd
Sherman
Sims Smith, H. R. Stephens
Strickland
Sweat Thompson Toles
Townsend Tripp Turner
Westlake Wheeler, Bobby Whitmire Williams
Wilson
Wood

WEDNESDAY, MARCH 10, 1971

2711

Those not voting were Messrs.:

Alexander, W. H. Battle Black Blackshear Bond Bostick Bowen Bray Brown, B. D. Burruss Carter Collier Collins, M. Collins, S. Colwell Dailey Daugherty Dorminy Drury Edwards

Ezzard Floyd, J. H. Fraser Gaynor Gignilliat Grahl Greer Gunter Harrington Harris Hill, B. L. Hill, G. Horton Isenberg Johnson Knight Kreeger Lewis Matthews, D. R. Merritt

Moore Mullinax Murphy Patten Peters Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Russell, W. B. Smith, J. R. Thomason Triplett Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 46, nays 90

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

Mrs. Hamilton of the 112th stated that she had inadvertently voted "nay" on the passage of the SB 84, and had intended to vote "aye".

Mr. Johnson of the 29th stated that he had been called from the floor of t"haeyeH".ouse when the roll was called on SB 84, and wished to be recorded as voting

Mr. Lambert of the 25th 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 SB 84.
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 purposes.
The following amendment was read and adopted:

2712

JOURNAL OF THE HOUSE,

Mr. Felton of the 95th moves to amend SB 7 by adding a sentence at the end of Section 2 on page 4, beginning on line 7 as follows:

"No title may be gained under the provisions of this Act by a grantor of mineral rights where the grantee of said mineral rights is an individual firm, corporation, partnership, or joint venture ordinarily engaged in the extraction or processing of minerals in this State which has registered with the Georgia Department of Mines, Mining and Geology."

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. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantiey, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chandler Chappell Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Conger Cook

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Drury Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Hadaway Hamilton Harrington Harrison Hawes Hays Hill, G. Horton Housley Howell

Hudson, Ted Hutchinson 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. Lewis Logan Longino Lowrey Mason Matthews, C. Mauldin Maxwell McDonald Melton Merritt Miles Milford Miller Moore Morgan

WEDNESDAY, MARCH 10, 1971

2713

Mullinax Nessmith Noble Northcutt Odom Oxford Patterson Peters Phillips, L. L. Pickard Poole 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. Snow

Sorrells Stephens Thompson Toles Triplett Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Williams Wilson

Those voting in the negative were Messrs.:

Alexander, W. H.

Leggett

Sweat

Those not voting were Messrs.:

Adams, John Adams, Marvin Alexander, W. M. Blackshear Bray Chance Cheeks Collins, S. Colwell Connell Dailey Dent Dorminy Edwards Floyd, J. H. Grahl Ham

Harris Hill, B. L. Hood Howard Hudson, C. M. Isenberg Johnson Levitas Marcus Matthews, D. R. McCracken McDaniell Moyer Mulherin Murphy Nunn Patten

Pearce Phillips, G. S. Phillips, W. R. Pinkston Potts Rainey Sherman Strickland Thomason Townsend Tripp Wheeler, Bobby Whitmire Wood Mr. Speaker

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

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

Mr. Connell of the 79th stated that he had been called from the floor of the House when the roll was called on SB 7, as amended, and wished to be re corded as voting "aye".

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

2714

JOURNAL OF THE HOUSE,

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.

The following report of the Committee of Conference was read:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 618 has met and submits the following recommendations:
That the Senate recede from its position on the Senate Committee on Highways amendment to said bill and that the attached Substitute to HB 618 be adopted.
Respectfully submitted,
FOR THE SENATE
/s/ Steve Reynolds Senator, 48th District
/s/ M. Parks Brown Senator, 4th District
/s/ Jay Carroll Cox Senator, 21st District
FOR THE HOUSE
/s/ Clarence R. Vaughn, Jr. Representative, 74th District
/s/ Nathan Dean Representative, 19th District
/s/ Hugh Lee McDaniell Representative, 117th District
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, particularly by an Act ap proved 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 the issuance of special permits for the movement of modular homes,

WEDNESDAY, MARCH 10, 1971

2715

sectional houses and portable buildings over the highways of this State; to provide for annual permits for vehicles transporting portable build ings; to provide fees therefor; to provide for annual permits for modular homes, sectional houses and portable buildings; to provide for all matters relative thereto; 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, particularly 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 (a) of Section 1 the following:

"Provided further, vehicles transporting portable buildings, regardless of whether the nature of such buildings is such that they can be readily dismantled or separated, may exceed the lengths and widths established herein provided that a valid special permit for such purposes has been issued, as provided in subsection (d).",
so that, when so amended, subsection (a) of Section 1 shall read as follows:
"(a) No vehicle shall exceed a total outside width, including load thereon, of ninety-six (96) inches, not including mirrors and accessories attached thereto; no vehicle unladen or with load shall exceed a height of thirteen (13) feet, six (6) inches; no vehicle or combination of vehicles shall exceed a total length of fifty-five (55) feet; single trip movements for necessary purposes of ma terials, objects or vehicles of dimensions which exceed the limits herein provided and which are of such nature that they cannot be readily dismantled or separated may be permitted but only upon the issuance of a special permit for such purpose, for a fee de termined by the scale in subsection (d) ; provided, that farming or agricultural equipment or forest management equipment, except ve hicles hauling forest products, whether self-propelled or be ing hauled, may exceed the width or length herein fixed without requiring a special permit when such vehicle is being operated upon a public road or public highway during daylight hours, by the owner thereof or his agent, within a radius of forty (40) miles of the property of the owner, except on any highway comprising a portion of the National System of Interstate and Defense High ways. Provided, further, that loads of poles, logs, pilings, lumber, structural steel, timber, structural members, piping, and prestressed and pre-cast concrete may exceed the length herein fixed without requiring a special permit, but a special permit shall be required if the total length of vehicle and loads exceeds seventy-five

2716

JOURNAL OF THE HOUSE,

(75) feet. Also further provided that vehicles transporting motor vehicles (commonly known as automobile carriers), may exceed the length herein fixed, but the total length of vehicle and load shall not exceed sixty (60) feet. Provided further, vehicles transporting portable buildings, regardless of whether the nature of such build
ings is such that they can be readily dismantled or separated, may exceed the lengths and widths established herein provided that a valid special permit for such purposes has been issued, as provided in subsection (d)."

Section 2. Said Act is further amended by striking paragraph (1) of subsection (d) of Section 1 in its entirety and inserting in lieu thereof a new paragraph (1) of subsection (d) of Section 1, to read as follows:

"(1) Mobile homes, modular homes, sectional houses, portable buildings and boats (single trip permits only) :

(a) Up to and including twelve (12) feet wide, seventyfive feet long ___.________.__.._____._________$ 2.50

(b) Boats in excess of twelve (12) feet wide -__._..$20.00'

(c) Mobile homes, modular homes, sectional houses, and
portable buildings in excess of seventy-five ((75) feet long __...__.__.___.._____.......________......__.$20.00."

Section 3. Said Act is further amended by striking paragraphs (2) of subsection (d) of Section 1 in its entirety and inserting in lieu
thereof a new paragraph (2) of subsection (d) of Section 1, to read as follows:

"(2) Twelve (12) month permit on mobile homes, modular homes, sectional houses, portable buildings, boats and any vehicle or combination of vehicles, except a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof, which has transported modular homes, sectional houses and portable buildings may, after depositing any said load, return unloaded to its point of origin even though the unloaded vehicles exceed the fifty-five (55) foot limitation provided for herein up to and including twelve (12) feet wide, seventy-five (75) feet long ............___.___._____._......____.......____.....__......$25.00."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Vaughn of the 74th moved that the report of the Committee of Con ference be adopted.

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

WEDNESDAY, MARCH 10, 1971

2717

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 Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee arr Carter Chance Chandler 'Chappell Cheeks Clements Cole Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook
Daugherty
Davis, W.
Dean, Gib
Dean, N.
Dent
Dixon
Drury
Evans
Ezzard
Floyd, J. H.
Floyd, L. R.
Fraser
Gary

Gignilliat Grantham Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Housley Howard 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. Leggett Le vitas Lewis Logan Lowrey
Marcus
Mason
Matthews, C.
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. Pickard Pinkston Poole Roach Ross Rush Russell, A. B. Russell, H. P. Salem 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
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

2718

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Blackshear Bohannon Bond Brown, B. D. Collins, S. Dailey Davis, E. T. Dean, J. E. Dorminy Edwards Egan Farrar Felton

Gaynor Gei singer Grahl Granade Greer Gunter Hill, G. Hood Horton Howell Isenberg Longino Matthews, D. R. Moore

Mullinax Murphy Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Russell, W. B. Savage Stephens Townsend Ware Mr. Speaker

On the motion, the ayes were 154, nays 0.
The motion prevailed and the report of the Committee of Conference on HB 618 was adopted.

The following Resolutions of the House were read and adopted:
HR 396. By Messrs. Bohannon and Patterson of the 20th and others:
A RESOLUTION
Commending Honorable J. Lucius Black; and for other purposes.
WHEREAS, Honorable J. Lucius Black has done an outstanding job as Chairman of the Auditing, Enrolling and Engrossing, Journals Committee; and
WHEREAS, his legislative experience and keen understanding of governmental problems has also made him one of the most influential members of the Agriculture Committee and the State Institutions and Property Committee; and
WHEREAS, the distinguished representative from the 45th Dis trict is a man of his word and is admired for his courage, convictions and ability; and
WHEREAS, this veteran legislator is highly respected and loved by his fellow members and his counsel and advice is constantly sought; and
WHEREAS, this distinguished gentleman is serving in his 25th year as a member of the House of Representatives.

WEDNESDAY, MARCH 10, 1971

2719

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the Honor able J. Lucius Black for his long and excellent service as a member of the House of Representatives, particularly for his outstanding work as Chairman of the Auditing, Enrolling and Engrossing, Journals Committee.

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 J. Lucius Black.

HR 397. By Messrs. Sorrells of the 24th, Connell of the 79th and others:
A RESOLUTION
Commending Mrs. Monnie Sellers and Mrs. Anne Spears; and for other purposes.
WHEREAS, Mrs. Monnie Sellers and Mrs. Anne Spears have through their diligent efforts expedited and handled much local legis lation for the Georgia House of Representatives during the regular 1971 session; and
WHEREAS, Mrs. Monnie Sellers and Mrs. Anne Spears have always been most courteous and never tiring in their efforts to ex pedite said legislation according to the desires of the members of said House; and
WHEREAS, these two fine ladies should be commended for their ability, diligence, courtesy and meritorious efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mrs. Mon nie Sellers and Mrs. Anne Spears for their ability, diligence, courtesy and meritorious efforts in service to the Georgia House of Representa tives.
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. Monnie Sellers and to Mrs. Anne Spears.

HR 398. By Messrs. Nessmith, Lane and Chance of the 44th and Triplett of the 93rd:
A RESOLUTION
Commending the family of the Honorable James Oscar Bailey; and for other purposes.

2720

JOURNAL OF THE HOUSE,

WHEREAS, the late James Oscar Bailey was a distinguished cit izen of the State of Georgia; and

WHEREAS, during his long and eventful life, the Honorable J. O. Bailey distinguished himself as a prominent citizen of his com munity and State through his participation in the business, civic and religious life of his community; and

WHEREAS, the descendants of James Oscar Bailey have cumula tively spent 120 years in the service of the Armed Forces of the United States.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of the family of the late Honorable James Oscar Bailey are hereby commended and congratulated for their outstanding accomplishments and for having served a total of 120 years in the Armed Forces of the United States.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to the family of the Honorable James Oscar Bailey.

HR 399. By Messrs. Smith of the 43rd, Thomason of the 77th and others:
A RESOLUTION
Commending the Corporation for Public Broadcasting; and for other purposes.
WHEREAS, the Corporation for Public Broadcasting recognizes the need to inform the public on a regular basis of the work of this legislative body; and
WHEREAS, the Corporation for Public Broadcasting provided the funds to make possible the Georgia Educational Television Network's extensive coverage of the 1971 General Assembly; and
WHEREAS, the Corporation for Public Broadcasting recognizes that providing conscientious coverage of the operation of the legislative process contributes to responsiveness of the government to the people; and
WHEREAS, the General Assembly looks forward to having again the opportunity to participate in this service to the people of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby commend the Corporation for Public Broadcasting for its participation in the efforts of the Georgia Educational Television Network to pro vide continuing coverage of the 1971 Georgia General Assembly as a service to the people of Georgia.

WEDNESDAY, MARCH 10, 1971

2721

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 Corporation for Public Broad
casting.

HR 400. By Messrs. Smith of the 43rd, Thomason of the 77th and others:
A RESOLUTION
Expressing appreciation to the Georgia Educational Television Network; and for other purposes.
WHEREAS, the Georgia Educational Television Network, a serv ice of the Department of Education, renders an outstanding service to the people of Georgia by its excellent, continuing coverage of the 1971 Session of the Georgia General Assembly through its program called "The Lawmakers"; and
WHEREAS, "The Lawmakers" provides an opportunity for all Georgians to witness the actual proceedings of the General Assembly and to become better informed of the complex operations of the legis lative process; and
WHEREAS, "The Lawmakers" also provides in-depth analyses by legislators of the week's activities in a weekly "wrap-up" show; and
WHEREAS, this program brings a one-hour show on the legisla ture six nights a week, which provides far more information of public interest than is provided in the few minutes allotted to legislative mat ters on most news programs; and
WHEREAS, the Georgia Educational Television Network also pro duced six instructional programs on the legislative process for high school students in an effort to educate the voters of the future; and
WHEREAS, the Georgia Educational Television Network obtained funds from the Corporation of Public Broadcasting so that it could provide its services at no cost to the taxpayers of Georgia; and
WHEREAS, over 5,000 man-hours have been utilized in this ex tensive legislative coverage; and
WHEREAS, the engineers of the Georgia Educational Television Network have devised numerous technological innovations to provide the best coverage possible under existing conditions; and
WHEREAS, the Georgia Educational Television Network has begun the first extensive legislative news coverage of its kind in the United States; and
WHEREAS, these efforts of the Network have been widely ac cepted and acclaimed by the people of Georgia.

2722

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this Body do hereby express their appreciation to the Georgia Educational Television Network, a service of the Department of Education, for its continuing coverage of the 1971 Georgia General Assembly.

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 Bill Johnston, Producer-Director; John Haney, Executive Producer; Jim Whipkey, Reporter; Richard Ottinger, Director, Georgia Educational Television Network; and Honor able Jack Nix, State School Superintendent.

HR 401. By Messrs. Patten, Matthews and Bostick of the 63rd and others:
A RESOLUTION
Commending the House Information Office; and for other purposes.
WHEREAS, Honorable Geo. L. Smith II, Speaker of the House of Representatives, established the House Information Office prior to the beginning of the 1971 Session of the General Assembly of Georgia; and
WHEREAS, a citizens commission on the Georgia Legislature rec ommended the creation of such an office almost two years ago; and
WHEREAS, under the very able leadership of Messrs. Steve Ball and Bob Cohn, the House Information Office has rendered an out standing service to the citizens of Georgia and the members of the House of Representatives; and
WHEREAS, the House Information Office provides invaluable services in its broadcast media "feed" line, its series of press releases and its weekly mailings to news media; and
WHEREAS, the most important and successful service performed by said Office is the Information Line whereby any citizen may call toll free from any location in Georgia to obtain information about pending bills and other aspects of the legislative process; and
WHEREAS, the Information Line was receiving approximately 24 calls per day during the first week of the Session and is now responding to well over 100 inquiries from Georgia citizens each day; and
WHEREAS, the House Information office has contributed greatly to the understanding of the legislative process in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the House Information Office and Messrs. Steve Ball and Bob

WEDNESDAY, MARCH 10, 1971

2723

Cohn for rendering an outstanding service to the people of Georgia and the members of the house of Representatives.

BE IT FURTHER RESOLVED that the Speaker of the House of Representatives, Honorable Geo. L. Smith II, is hereby commended for establishing the House Information Office.

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 Geo. L. Smith II, Speaker of the House of Representatives and Messrs. Steve Ball and Bob Cohn.

HR 402. By Messrs. Patten, Bostick and Matthews of the 63rd and others:
A RESOLUTION
Commending the news media; and for other purposes.
WHEREAS, it is important that the people of the State of Geor gia be informed as to legislative matters before the General Assembly of Georgia; and
WHEREAS, the news media has provided excellent coverage of the 1971 Regular Session of the General Assembly of Georgia; and
WHEREAS, the news media has diligently published information relative to the progress, effort and action of the General Assembly regarding legislative matters; and
WHEREAS, the news media should be commended for its super lative coverage and reporting of the 1971 Regular Session of the Gen eral Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the news media of Georgia for its superlative coverage and reporting of the 1971 Regular Session of the General Assembly 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 Mr. Don E. Heald, President, Georgia As sociation of Broadcasters, to Mr. John Fleetwood, President, Georgia Press Association, and to Mr. Glen McCullough, Executive Director, Georgia Press Association.

HR 403. By Messrs. Wood, Williams and Whitmire of the llth and others:
A RESOLUTION
Expressing appreciation to the young ladies of the telephone center; and for other purposes.

2724

JOURNAL OF THE HOUSE,

WHEREAS, the young telephone ladies in attendance have greatly aided the members of the House of Representatives in placing and receiving their telephone calls during this session; and

WHEREAS, these young ladies, Miss Josephine Susong, Mrs. Maxine Lawson, Mrs. Bobbie Woody and Mrs. Alleiie Henderson, have cheerfully given their services through the facilities of the well-planned telephone center which has been provided by the Southern Bell Tele phone and Telegraph Company.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that these above-named young ladies be extended the warmest thanks of this House for their prompt, efficient, and un tiring efforts in providing this most helpful service and convenience.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to the Southern Bell Telephone and Telegraph Company and to each of the young ladies as a token of the appreciation of this House.

HR 404. By Messrs. Patten, Matthews and Bostick of the 63rd and others:
A RESOLUTION
Commending the Georgia Educational Television Center and WETV; and for other purposes.
WHEREAS, the Georgia Educational Television Center and WETV have rendered an outstanding public service in broadcasting "The Law makers" series during the 1971 Session of the General Assembly of Georgia; and
WHEREAS, said series has made a greater contribution to under standing the legislative process in Georgia then any printed or visual series heretofore presented; and
WHEREAS, said series has stimulated a keen public interest in the operation of the legislative branch of government; and
WHEREAS, the overall quality of "The Lawmakers" series has been excellent in all aspects of television programming.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Georgia Educational Television Center and WETV for render ing an outstanding public service in broadcasting "The Lawmakers" during the 1971 Session of the General Assembly 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 to Dr. Richard E. Ottinger, Executive Director, Georgia Educational Television Center.

WEDNESDAY, MARCH 10, 1971

2725

HR 405. By Messrs. Thompson and Berry of the 85th, Pickard, Pearce and Buck of the 84th, Davis and King of the 86th:

A RESOLUTION

Commending the Carver High School "Tigers" basketball team; and for other purposes.

WHEREAS, the Carver High School "Tigers" basketball team won the Georgia State "AAA" championship on Friday, March 5, 1971; and

WHEREAS, this is the third consecutive year in which the Carver "Tigers" have attempted to win the "AAA" championship, and because of the expertise of the coach and his assistant and the magnificent talents of the team the Carver High School "Tigers" basketball team defeated a strong and determined Savannah team by a score of 52-51; and

WHEREAS, the Carver "Tigers" entered the game as underdogs; and

WHEREAS, the Carver "Tigers" exemplified the finest traditions of sportsmanship and ability; and

WHEREAS, it is only fitting and proper that the coaches, team members and managers be commended for their efforts and abilities.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and con gratulates the Carver High School "Tigers" for winning the "AAA" basketball championship.

BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to Mr. Harry L. Vernon, Principal of Carver High School; Mr. John Jones, Head Coach; Mr. Rudolph Ingersoll, Assistant Coach; Robert Holcomb, Doug Troutman, Kenneth Spears and Robert Holston, Student Managers; and to the following members of the Carver High School "Tigers": Fessor Leonard, Jessie Willis, Gregory Lewis, Ronald Montgomery, Ricky Jordan, Gilbruk Marshall, Andy Hall, Jerry Hardaway, Morris Comer, Alvin Peabody, Leon Flowers, Alvin Mitchell and Lawrence Murphy.

HR 406. By Messrs. Marcus of the 105th, Egan of the 116th and Horton of the 95th:
A RESOLUTION
Commending the Honorable John Greer and bestowing upon him the title of "Honorary Legislative Engineer"; and for other purposes.

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WHEREAS, it is hoped that the first rapid transit car to run on MARTA tracks will be named the "John Greer"; and

WHEREAS, it is also hoped that the MARTA officials will see fit to grease the tracks upon which the said "John Greer" will run; and

WHEREAS, for that will be the only way the train "John Greer" will be able to move as speedily and as efficiently as the MARTA bill engineered by the Honorable John Greer through the 1971 General As sembly; and

WHEREAS, it must be that when the Honorable John Greer was a boy in Lanier County, he enjoyed watching the trains rumbling past his fields of tobacco because his love for trains and other track-bound modes of transportation is unsurpassed; and

WHEREAS, it is only fitting and proper that the Honorable John Greer be granted the title of "Honorary Legislative Engineer" for his laudable accomplishments.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body bestows upon the Honorable John Greer the title of "Honorary Legislative Engineer".

BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Honorable John Greer.

HE 407. By Mr. Scarborough of the 81st:
A RESOLUTION
Commending Mrs. J. Robert Young; and for other purposes.
WHEREAS, Mrs. J. Robert Young of Macon, Georgia, was recently named "Teacher of the Year" by the Macon Association for Retarded Children; and
WHEREAS, Mrs. Young was given the title of "Teacher of the Year" in appreciation of her leadership as Director of the Macon As sociation for Retarded Children Workshop; and
WHEREAS, in making the presentation, Dr. W. C. Whitley, Vice President of the Association, said:
"The students, parents and our community can depend on Louise Young to do whatever is needed for her special children. Her love and dedication to the happiness of the mentally handicap ped have helped to make the goals of the Macon Association at tainable." ;
and

WEDNESDAY, MARCH 10, 1971

2727

WHEREAS, Mrs. Young's remarkable desire to be of help and service to these young people sets an incomparable example of kindness and dedication.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Mrs. J. Robert Young for being named "Teacher of the Year" by the Macon Association for Retarded Children and for her excellent example of kindness and dedication.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Reesolution to Mrs. J. Robert Young.

HR 408. By Mr. Scarborough of the 81st:
A RESOLUTION
Relative to certain industrious young ladies of Bibb County; and for other purposes.
WHEREAS, Jan Rice, Kyra Lee, Denise Saliba, Amy Williams and Kelly Laite, young residents of the Thornwood Drive area of Macon, Georgia, took it upon themselves recently to rid two small creeks which meander through said section of litter which was posing an unsightly and unsafe environment; and
WHEREAS, through their industrious labors, these young citizens of the City of Macon have demonstrated their willingness to engage in public spirited endeavors at an early age; and
WHEREAS, it is only befitting and proper that these fine young citizens of the City of Macon be recognized for their public spirited endeavors.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Jan Rice, Kyra Lee, Denise Saliba, Amy Williams and Kelly Laite are commended and congratulated for their industrious labors and demonstrated awareness of their obligation to engage in public affairs of their State and community.
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 Jan Rice, Kyra Lee, Denise Saliba, Amy Williams and Kelly Laite.

HR 409. By Messrs. Dean of the 76th and Smith of the 43rd:
A RESOLUTION
Congratulating Honorable Herman E. Talmadge, the Senior Senator from Georgia; and for other purposes.

2728

JOURNAL OP THE HOUSE,

WHEREAS, Honorable Herman E. Talmadge, the distinguished Senator from Georgia, has recently been elevated to the Chairmanship of the Senate Committee on Agriculture and Forestry; and

WHEREAS, said Committee is one of the more important com mittees of the United States Senate; and

WHEREAS, the distinguished Senator's knowledge of and interest in agriculture is well known throughout the United States; and

WHEREAS, he devotes a great deal of his time, energy and talent in attempting to solve the serious problems facing agriculture; and

WHEREAS, he is particularly interested in and dedicated to im proving the quality of life in rural America and in slowing rural outmigration.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby con gratulate Honorable Herman E. Talmadge, Senior Senator from Georgia, upon being named Chairman of the Senate Committee on Agriculture and Forestry.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Honorable Herman E. Talmadge.

HR 410. By Messrs. Bohannon and Patterson of the 20th and others:
A RESOLUTION
Commending Mrs. Albert Donnaud; and for other purposes.
WHEREAS, Mrs. Albert Donnaud has served with great ability and dedication as postmistress of the House of Representatives during the 1971 session of the General Assembly of Georgia; and
WHEREAS, her pleasant smile and cheerful "good morning" have proved to be a pleasant respite from the strain and tension of the legis lative session; and
WHEREAS, her efficiency has guaranteed the rapid and accurate delivery of important messages to the members of this Body; and
WHEREAS, it is only fitting and proper that Mrs. Albert Donnaud be recognized and commended for her loyal service and dedication to this Body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express their deepest appreciation to Mrs. Albert Donnaud for her dedicated

WEDNESDAY, MARCH 10, 1971

2729

service to the members of this Body, as postmistresss of the House of Representatives.

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. Albert Donnaud.

HR 411. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Dr. Carl P. Savage, Sr.; and for other purposes.
WHEREAS, Dr. Carl P. Savage, Sr., a former member of this Body, has rendered outstanding public service to the citizens of his community, State and Nation during his lifetime; and
WHEREAS, he is still an active participant in civic, fraternal, re ligious and political affairs; and
WHEREAS, it is the desire of the members of this body to recog nize their former colleague for his many achievements and accomplish ments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Dr. Carl P. Savage, Sr. for the long years of dedicated public service he has rendered to his community, State and Nation.
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 Dr. Carl P. Savage, Sr.

HR 412. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Honorable John T. McKenzie; and for other purposes.
WHEREAS, the Honorable John T. McKenzie, a former member of the State Senate, has rendered outstanding public service to the citizens of his community, State and Nation during his lifetime; and
WHEREAS, he is still an active participant in civic, fraternal, re ligious and political affairs; and
WHEREAS, it is the desire of the members of this body to recog nize their former colleague for his many achievements and accomplish ments.

2730

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Hon orable John T. McKenzie for the long years of dedicated public service he has rendered to his community, State and Nation.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable John T. McKenzie.

HR 413. By Messrs. Logan and Matthews of the 16th and others:
A RESOLUTION
Commending the Honorable William Tate, Dean of Men at The Uni versity of Georgia; and for other purposes.
WHEREAS, the Honorable William Tate, Dean of Men, Associate Dean of Students for Advisement, and Associate Professor of English at The University of Georgia will retire from these positions on June 30, 1971, because, in his words, of "statutory senility"; and
WHEREAS, Dean Tate was born in Fairmount, Georgia, in 1903, entered the University as a freshman in 1920 receiving an A.B. degree with honors in 1924 and an M.A. degree in 1927 and has been associated with The University of Georgia for over fifty years; and
WHEREAS, he has worked with youth at The McCallie School in Chattanooga and at The University of Georgia returning there in 1936 as a faculty member in English and as Dean of Freshmen and has earned the affection and respect of generations of both students and colleagues no matter by what title he was called or in what capacity he served; and
WHEREAS, he always looks on the sunny side of life and seeks to point out the good in his fellow man; and
WHEREAS, over the years he has given tirelessly of himself to the youth of the State of Georgia; and
WHEREAS, Bill Tate has always stated that all boys are good and all they need is understanding, affection and consideration, and he has provided this for thousands of Georgia's fine young people; and
WHEREAS, he has always been ready, with his vast knowledge of Georgia, Southern and University history, to extol the virtues of all on numerous occasions at which he was invited to speak; and
WHEREAS, during his undergraduate years he was elected to the honorary organizations of Phi Beta Kappa, Sphinx, Phi Kappa Phi, Gridiron, Omicron Delta Kappa, Scabbard and Blade, was an outstanding athlete in track and Captain of the Cross Country team, was a member

WEDNESDAY, MARCH 10, 1971

2731

of Delta Tau Delta fraternity, was commissioned a 2nd Lt. of Cavalry from ROTC and was involved in many more organizations and activities; and

WHEREAS, he has continued his numerous versatile efforts after college in civic, historical, literary, professional, alumni, and educational groups holding office in many; and

WHEREAS, he has stated that even after retirement he will be available whenever needed by his State and University.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable William Tate, Dean of Men of The University of Georgia, for his numer ous magnificent achievements and dedication to the State, the Univer sity, and youth over the years.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable William Tate.

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

HR 414. By Mr. Dean of the 76th:
A RESOLUTION
Creating the Rural Development Study Committee; and for other purposes.
WHEREAS, the continued rural out-migration in Georgia and other States is the source of one of the most serious problems facing agri culture; and
WHEREAS, concentrations of former rural dwellers in urban cen ters of population also contribute to the many problems facing these urban centers; and
WHEREAS, methods should be found to revitalize rural areas and improve the quality of life in rural America in order to slow rural out-migration; and
WHEREAS, Georgia's Senior Senator, Honorable Herman E. Talmadge, has been named Chairman of the Senate Committee on Agri culture and Forestry and is vitally interested in revitalizing rural com munities and slowing rural out-migration; and
WHEREAS, a committee should be created to study federal pro-

2732

JOURNAL OP THE HOUSE,

grams in this area and otherwise determine the State action that should be taken to assist Senator Talmadge in his efforts.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the Rural Develop ment Study Committee to be composed of 5 members of the House of Representatives and 5 citizens of the State at large to be appointed by the Speaker of the House of Representatives. The Speaker of the House shall name the chairman of the Committee who shall call the organiza tional meeting of the Committee at which time the Committee shall elect such other officers from its membership as the Committee deems neces sary or desirable. The Committee shall be authorized to study all mat ters relevant to improving the quality of life in rural America, revital izing rural communities and slowing rural out-migration.

BE IT FURTHER RESOLVED that each legislative member of the Committee shall receive the allowances authorized by law for mem bers of legislative interim committees but shall not receive same for more than 10 days unless additional days are authorized by the Speaker of the House of Representatives. The nonlegislative members of the Committee shall receive no compensation or expense allowances for their service on the Committee. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations 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 415. By Mr. Salem of the 51st:
A RESOLUTION
Creating the Sales Tax on Wholesalers Study Committee; and
WHEREAS, a Committee of the Georgia House of Representatives was appointed in 1970 to conduct a study on the sales tax laws of Georgia and other states which relate to sales tax on wholesalers; and
WHEREAS, the study was conducted in an attempt to determine if the said proposed law or laws could be efficiently adapted to use in Georgia; and
WHEREAS, it has been determined that the complexities of this subject required additional study and research before any proposed legislation can be drafted and introduced in the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES OF GEORGIA that there is hereby created the "Sales Tax on Wholesalers Study Committee" to be composed of five members of the House of Representatives to be appointed by the Speaker

WEDNESDAY, MARCH 10, 1971

2733

of the House of Representatives. The Committee shall study the sales tax laws of Georgia, and then study the proposed law and laws of other states and Canada which relate to sales tax on wholesalers, to see if the said proposed law or laws can be efficiently adapted to use in Georgia. The Committee shall also study the feasibility of adopting a gross receipts tax. The Committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to en able it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The legislative members of the Committee shall receive the allowances au thorized for 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 Geor gia, at which time the Committee shall stand abolished.

HR 416. By Messrs. Smith and Adams of the 39th:
A RESOLUTION
Relative to Gordon Military College; and for other purposes.
WHEREAS, Gordon Military College owns real estate and erected thereon are administration buildings, academic buildings, libraries, science and language laboratories, gymnasium, auditorium, dormitories, military and service buildings, drill and athletic fields, the cost of re placement at conservative current estimates is appraised in excess of $14,000,000; and
WHEREAS, besides the physical assets and facilities owned by Gordon, the school has capable administrators, teachers, librarians and technicians; and
WHEREAS, there is present at Gordon a tradition of high academic excellence; and
WHEREAS, Gordon Military College is located in the City of Barnesville in which there exists a cultural influence imparted to the community by more than a century of close association with Gordon; and
WHEREAS, these physical assets, facilities, personnel, tradition and cultural background provide an ideal setting for a complete in stitution of learning for the youth of this State; and
WHEREAS, Gordon, besides its four years of high school excellence, has, for many years, provided two years of college curricula; has en rolled and graduated from its Junior College thousands of students, men and women, for advanced college studies at institutions of higher learn ing in Georgia, the Southeast and the nation as well as furnished cadets and midshipmen for the United States Military Academy, United States

2734

JOURNAL OF THE HOUSE,

Naval Academy, United States Coast Guard Academy and the Air Force Academy; and

WHEREAS, the location of Gordon in middle Georgia, fifty-five miles from Atlanta, thirty-seven miles from Macon, and in a section of the State nearby to the important communities of Griffin, Thomaston, McDonough, Jackson, Zebulon and Forsyth, makes it an advantageous geographical location for a State operated college; and

WHEREAS, with other advantages earned and accumulated by Gor don Military College in more than a century of successful operation as herein set forth, a ready-to-operate State institution of higher learning is available immediately to the Board of Regents of the University Sys tem of Georgia for the youth of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Board of Regents is requested to consider the wisdom of acquiring Gordon Military College and operating it as the latest addition to the Junior College program.

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 Board of Regents, Chancellor of the University System and President of Gordon Military College.

HR 417. By Mr. Phillips of the 38th:
A RESOLUTION
Amending the rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 61 is hereby amended by adding a second unnumbered paragraph as follows:
"The Clerk of the House of Representatives shall enter the names and district numbers of all members of the House who have addressed the House, relative to any bill, resolution, substitute or amendment thereto, in the Journal of the House of Representatives at the point in the order of proceedings of the House in which such address shall occur.",
so that when so amended, House Rule 61 shall read as follows:
"Rule 61. No members shall address the House, except as heretofore stated, in case of appeals, or interrogate a member who is speaking, except through the Speaker. Should the member speak ing decline to be interrupted, the Speaker shall cause the member desiring to interrogate to be silent.

WEDNESDAY, MARCH 10, 1971

2735

The Clerk of the House of Representatives shall enter the names and district numbers of all members of the House who have addressed the House, relative to any bill, resolution, substitute or amendment thereto, in the Journal of the House of Representatives at the point in the order of proceedings of the House in which such address shall occur."

HR 418. By Messrs. Harrington of the 34th, Pinkston of the 81st, and others:
A RESOLUTION
Creating the Drug Abuse Study Committee; and for other purposes.
WHEREAS, drug abuse among our young people is becoming in creasingly more alarming every day; and
WHEREAS, a meaningful solution must be found to curtail the use of drugs by our young citizens; and
WHEREAS, new and different treatment methods must be devised to adequately and properly rehabilitate persons who have become ad dicted to drugs; and
WHEREAS, it is the desire of the members of this body to conduct an in depth study of the problems surrounding drug abuse in an effort to find the reasons why so many young people are using drugs, how we can slow down the traffic in illicit drugs, and in what manner we can best treat persons who have become addicted to drugs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Drug Abuse Study Committee to be composed of six members of the House of Representatives to be appointed by the Speaker of the House of Repre sentatives. The Committee is hereby authorized to conduct an in depth study of the problems surrounding drug abuse, to visit high schools throughout the State and discuss the use of drugs among our young citizens with teachers and principals to determine why so many young people are using drugs and how we can decrease the use of drugs by our young citizens and to evaluate the success of present drug education programs being taught in our schools and to discuss the feasibility of establishing a mandatory statewide drug education program which shall be taught in all public schools of this State. The members of the Com mittee shall be authorized to study the laws of this State and other states relating to drug abuse to determine if our laws should be strengthened. 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 allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from the funds ap propriated to or available to the Legislative Branch of Government. The

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JOURNAL OP THE HOUSE,

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 419. By Messrs. Ware of the 30th, Griffin of the 68th and others:
A RESOLUTION
Creating the Safety Responsibility and Uninsured Motorist Study Committee; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Safety Respon sibility and Uninsured Motorist Study Committee to be composed of five members of the House of Representatives to be appointed by the Speak er thereof. The Committee shall make a thorough and exhaustive study into the advisability and feasibility of raising the limits required by the Financial Responsibility Safety Law and the uninsured motorist pro visions of the Insurance Code. The Committee shall be authorized to meet for a period not in excess of ten days. The Committee shall make a report of its findings and recommendations to the 1972 session of the Georgia General Assembly, at which time it shall stand abolished.

The following Resolutions of the House ware read and adopted:

HR 420. By Mr. Dean of the 19th:
A RESOLUTION
Proclaiming March 13 through March 19, 1971, as Cedartown Band Appreciation Week; and for other purposes.
WHEREAS, the Cedartown High School Band, under the very able and capable leadership of Mr. John Thomas, Director, and Miss Jean Jackson, Assistant Director, has displayed an unsurpassed musical excel lence during the 1970-71 school year; and
WHEREAS, this outstanding band has received tremendous sup port from Cedartown High School Principal R. T. Guillebeau and the members of the Cedartown High School faculty; and
WHEREAS, the Cedartown Band Parents Club and its President, Mr. Wayne Gammon, have provided outstanding support to this excel lent band; and
WHEREAS, the 100 members of the Red and Black Marching Band have received excellent and/or superior ratings in all marching and con cert festivals in which they participated; and
WHEREAS, through its performances at school functions, athletic

WEDNESDAY, MARCH 10, 1971

2737

events, parades and concerts, the Cedartown High School Band has brought honor and credit to Cedartown High School, to the City of Cedartown and to Polk County; and

WHEREAS, it is only fitting and proper that this outstanding band be recognized and commended for its musical excellence.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby pro claim March 13 through March 19, 1971, as Cedartown High School Band Appreciation Week, and do hereby recognize and commend the members of this outstanding organization, their Directors and boosters for their outstanding accomplishments during the 1970-71 school year.

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 Cedartown High School and to each person hereinabove named.

HR 421. By Mr. Dean of the 19th:
A RESOLUTION
Proclaiming Sunday, May 23 through Sunday, May 30, 1971, as Rockmart Presbyterian Church Centennial Celebration Week; and for other purposes.
WHEREAS, the Rockmart Presbyterian Church was originally organized as the Vanwert Presbyterian Church on May 28, 1871; and
WHEREAS, the present Church sanctuary was built shortly after October of 1878 at the corner of Maple and Marble Streets in the City of Rockmart; and
WHEREAS, while facing many adversities throughout its existence, this Church exists today through the loyalty of a handful of dedicated Christians; and
WHEREAS, the current pastor of the Rockmart Presbyterian Church, the Reverend B. F. Sosebee, is known for his dedicated ministry; and
WHEREAS, the Elders of the Rockmart Presbyterian Church are: J. W. Randall, Tyre G. Mathews, Claude Crawford, James Crawford and Wayne Bailey; and
WHEREAS, Robert Waggoner, Robert Lawhon, Dr. John Atha, Dr. Charles Smith, Robert Gurley and Charles Hightower serve as Dea cons of this outstanding Church; and
WHEREAS, it is only fitting and proper that the Rockmart Presby terian Church be recognized during its Centennial Celebration.

:2738

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby pro claim Sunday, May 23 through Sunday, May 30, 1971, as Rockmart Pres byterian Church Centennial Celebration Week and do hereby recognize and commend this outstanding Church for its long and able ministry of service to the people of Rockmart and the State of Georgia.

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 Rockmart Presbyterian Church and to each person hereinabove named.

HR 422. By Messrs. Matthews of the 16th, Maxwell of the 17th, Harrison of the 58th, Connell of the 79th and many others:
A RESOLUTION
WHEREAS, on this Tenth Day of March, Nineteen Hundred Twenty Four,
The snow covered the ground, evermore, In hopes likely to still the glee,
Made by the birth of that Representative to be, That sharp Tom Murphy; and
WHEREAS, it is a shame some say, That Mrs. Murphy did not wait until until Saint Patrick's Day,
For then Thomas B. Murphy with his suits of green, Instead of being a Saint Patrick's dream
Would be quite the real thing; and
WHEREAS, the Honorable Thomas B. Murphy does not wear Silk stockings, or other such fare,
Such as are worn by the three lawyers of the big city Who sit up front so neat and pretty
And well he could, cause he is the Real nitty-gritty; and
WHEREAS, in spite of the fact that he tells It like it is we still love him, and wish him well
On this his birthday.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does commend and congratulate the Honorable Thomas B. Murphy, on this, his birthday, for his out standing and esteemed service in the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appropriate copy of this Resolution to the Honorable Thomas B. Murphy.
Under the general order of business established by the Committee on Rules,

WEDNESDAY, MARCH 10, 1971

2739

the following Bills of the Senate were taken up for consideration and read the third time:

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 of the Board of Registrars for the purpose of register ing qualified applicants; and for other purposes.

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. H. Atherton Bell Bennett, J. T. Berry Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, S. P. Burruss Busbee Chandler Chappell Clements Cole Colwell Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dixon Drury Evans Ezzard Farrar

Pelton Fraser Gei singer Gignilliat Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hutchinson Jessup Johnson Jones, J. R. Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Levitas Logan Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Milford Miller Moyer Mullinax Murphy Noble
Northcutt Nunn Odom Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Pinkston Potts Roach Ross Russell, A. B.

2740
Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R.

JOURNAL OF THE HOUSE,

Snow Stephens Sweat Thomason Toles Tripp Turner Vaughn

Ware Westlake Wheeler, J. A. Williams Wilson Wood

Those voting in the negative were Messrs.:

Bostick Bowen Carr Carter Cheeks Collier Collins, M. Dent Dorminy Floyd, J. H.

Floyd, L. R. Harrington Harris Hudson, Ted Jones, Herb King Lane, W. J. Leggett
Lewis Miles

Moore Mulherin Nessmith Peters
Phillips, W. R. Rainey Reaves Rush Russell, H. P.

Those not voting were Messrs.:

Adams, John Adams, Marvin Alexander, W. M. Alien Barfield Battle Bennett, Tom Black Blackshear Bray Brown, B. D. Brown, C.
Buck
Chance
Collins, S.
Coney, G. D.

Dailey Dean, Gib Edwards Egan Gary Gaynor Grahl Gunter Hill, B. L. Hood Hudson, C. M. Isenberg
Jordan
Keyton
Mason
McCracken

Morgan Oxford Pickard Poole Salem Smith, J. R. Smith, V. T. Sorrells Strickland Thompson Townsend Triplett
Wamble
Wheeler, Bobby
Whitmire
Mr. Speaker

On the passage of the Bill, the ayes were 118, nays 39.

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

Mr. Brown of the 32nd stated that he had been called from the floor of the "Haoyues"e. when the roll was called on SB 36, and wished to be recorded as voting

WEDNESDAY, MARCH 10, 1971

2741

SB 146. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend 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 for other purposes.

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 Battle Bell Bennett, Tom Berry Black Bohannon Bond Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Coney, J. L. Conger Connell Cook Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Drury Egan
Evans Ezzard Farrar Pelton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade
Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Howard Howell Hudson, C. M. Hudson, Ted

Hutchinson 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 Melton Merritt Miles Milford Miller Moyer Mulherin Mullinax Murphy

2742
Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. K. Pinkston Poole Potts Reaves 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. Snow Sorrells Stephens Strickland

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

Those voting in the negative were Messrs.:

Coney, G. D.

Moore

Those not voting were Messrs.:

Adams, Marvin Barfield Bennett, J. T. Blackshear Brown, B. D.
Buck Collins, S. Colwell
Dailey Dean, Gib Dorminy

Edwards Grahl Gunter Hill, B. L. Hood Housley Isenberg Jessup Lowrey Mason McCracken

McDonald Morgan Oxford Pickard Rainey Smith, J. R. Smith, V. T. Thompson Townsend Wamble Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 2.

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

SB 153. By Senator Walling of the 42nd:
A Bill to be entitled an Act to create the Citizens Environmental Coun cil; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend Senate Bill 153 as follows:

WEDNESDAY, MARCH 10, 1971

2743

By striking in Section 1, line 15 and 16, the words "by and with the advice and consent of the Senate," and inserting in lieu thereof the words "to serve at the pleasure of the Governor,".

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 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 Colwell Coney, G. D. Coney, J. L. Conger Cook Daugherty Davis, E. T.

Davis, W.
Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Egan Evans Ezzard 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, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson

Jessup Johnson Jones, J. R. Jordan Keyton 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 Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn

2744
Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross

JOURNAL OF THE HOUSE,

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 Sweat Thomason Toles Townsend Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those not voting were Messrs. :

Alien Barfield Bennett, J. T. Blackshear Collins, M. Collins, S. Connell Dailey Dorminy Edwards Grahl

Hadaway Hood Isenberg Jones, Herb King Lambert Mason McCracken McDonald Milford Oxford

Rainey
Russell, W. B. Strickland Thompson Triplett
Whitmire Williams
Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 762. By Messrs. Keyton and Russell of the 70th and others: A Bill to be entitled an Act to amend the Georgia Retailers' and Con sumers' Sales and Use Tax Act, so as to exempt sales of tangible per sonal property to private nonprofit hospitals from the taxes imposed by said Act; and for other purposes.
Mr. Keyton of the 70th moved that the House insist on its position in dis agreeing to the Senate amendments and that a Committee of Conference be ap-

WEDNESDAY, MARCH 10, 1971

2745

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. Melton of the 32nd, Wamble of the 69th and Keyton of the 70th.

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

HB 437. By Messrs. Scarborough, Bennett and Brown of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill 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.

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

HB 91. By Mr. Smith of the 43rd and others: A Bill 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.
The President has appointed on the part of the Senate the following Senators: Smith of the 18th, Holley of the 22nd and Coggin of the 35th:
The Speaker announced the House recessed until 1:30 o'clock, this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.

2746

JOURNAL OP THE HOUSE,

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 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 of Bibb County, so as to change the number of members of the board; and for other purposes.

Mr. Scarborough of the 81st moved that the House insist on its position in disagreeing 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. Miller of the 83rd, Scarborough of the 81st and Coney of the 82nd.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
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 Senate amendment was read:
The Committee on Economy, Reorganization and Economy in Gov ernment moves to amend HB 110 as follows:
(1) By striking from Section 4, lines 9 and 10, on page 3, the words:: "and approved by the Secretary of State" and inserting in lieu thereof the words: "and confirmed by the Senate"
(2) By striking the first sentence of Section 16 and inserting in lieu thereof the following:
"No person shall engage in the electrical contracting business unless such person shall have received a license from the Board

WEDNESDAY, MARCH 10, 1971

2747

or from the county or municipality where the contract work is being performed."

(3) By changing the period at the end of Section 16 to a comma and adding the following:

"if he has the proper county or municipal building permit and business license."

(4) By striking Section 17 in its entirety.

(5) By renumbering Sections 18, 19, 20, 21, 22 and 23 as Sections 17, 18, 19, 20, 21 and 22, respectively.

(6) By striking from renumbered Section 20, the following: "July 1, 1971", and inserting in lieu thereof the following:

"when funds are appropriated therefor by the General Assembly."

Mr. Knowles of the 22nd 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 Alexander, W. H. Alexander, W. M. Atherton Bell Bennett, Tom Black Bohannon Bond Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Chance Chandler Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. onger

Connell Daugherty Davis, W. Dean, N. Dent Dixon Evans Felton Floyd, J. H.
Grantham Greer Griffin Gunter Ham Harris Hawes Hays Hill, G.
Horton Housley Howard Howell Hudson, Ted 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 Lowrey Marcus Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller

2748
Moore Moyer Mulherin Mullinax Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston

JOURNAL OP THE HOUSE,

Poole Potts Roach Ross Russell, H. P. Sherman Sims
Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland

Sweat Thomason
Toles Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those not voting were Messrs.:

Adams, Marvin Alien Barfield Battle Bennett, J. T. Berry Blackshear Bostick Bowen Brantley, H. H. Brantley, H. L. Buck Can-
Carter Collier Collins, S. Cook Dailey Davis, E. T. Dean, Gib Dean, J. E. Dorminy Drury Edwards Egan

Ezzard Parrar Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Hadaway Hamilton Harrington Harrison Hill, B. L. Hood
Hudson, C. M. Hutchinson Isenberg Lambert Lewis Mason Matthews, D. R. McCracken Merritt

Morgan Murphy Nessmith Noble Northcutt Phillips, G. S. Pickard Rainey Reaves Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Thompson Townsend Triplett Whitmire Williams Wood Mr. Speaker

On the motion to agree, the ayes were 121, nays 0.

The motion prevailed and the Senate amendment to HB 110 was agreed to.

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-

WEDNESDAY, MARCH 10, 1971

2749

ter for the City of Marietta, so as to extend the corporate limits of said city; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 983 as follows:

By striking from line 24 of page 24 the following: "January 1, 1974,",

and by inserting in lieu thereof the following:
"the election for councilmen which takes place after the effec tive date of this Act".

By deleting from lines 23 and 24 of page 25 the following: "January 1, 1974,",

and by inserting in lieu thereof the word: "immediately".

Mr. Kreeger of the 117th moved that the House disagree to the Senate amendment.

The motion prevailed and the Senate amendment to HB 983 was disagreed to.

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 com pulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
The following Senate amendment was read:
Senator McDuffie of the 19th moves to amend HB 634 by striking on page 2, line 2 the quote by adding the following:
"Provided, however, tests and physical exams for military service and national guard shall be excused absences and such other absences as may be approved by the State Board of Educa tion of the local board of education."

Mr. Farrar of the 77th moved that the House agree to the Senate amend ment.

2750

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 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. Buck Burruss Busbee Carr Chance Chandler Cheeks Clements Cole Collier Colling, M. Colwell Coney, G. D. Coney, J. L. Conger Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Evans Ezzard Farrar Felton Floyd, L. R.

Gary Gayner Geisinger Gignilliat Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. 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 Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McDaniell McDonald

Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom
Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Russell, W. B. Salem Scarborough Shanahan Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Williams Wilson

WEDNESDAY, MARCH 10, 1971

2751

Those not voting were Messrs.:

Barfield Berry Blackshear Carter Chappell Collins, S. Connell Dailey Dean, J. E. Dent Edwards Egan Floyd, J. H. Fraser Grahl

Granade Gunter Hill, B. L. Hood Isenberg Lane, W. J. Larsen, W. W. Matthews, C. McCracken Moore Murphy Northcutt Oxford Patten Pearce

Rainey Russell, A. B. Russell, H. P. Savage Shepherd Sherman Smith, J. R. Thompson Townsend Ware Whitmire Wood Mr. Speaker

On the motion, the ayes were 152, nays 0.

The motion prevailed and the Senate amendment to HB 634 was agreed to.

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

SB 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 of said agents; and for other purposes.

The following substitute, offered by Mr. Lee of the 61st, was read and adopted:
A BILL
To be entitled an Act to amend an Act providing that no person shall be eligible for employment as an agent for the Bureau of Investi gation of the Department of Public Safety until such agent shall have served a minimum of one year in the Uniform Division of the Depart ment of Public Safety or for three years as a law enforcement officer in the State of Georgia, approved February 25, 1949 (Ga. Laws 1949, p. 1177), as amended by an Act approved March 13, 1957 (Ga. Laws 1957, p. 647), so as to change the qualifications for agents of the Bureau of Investigation; to authorize the Director of the Department of Pub-

2752

JOURNAL OF THE HOUSE,

lie Safety and the Department of Public Safety to employ limited agents, who do not meet certain qualifications; to provide for all matters rela tive 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 providing that no person shall be eligible for employment as an agent for the Bureau of Investigation of the Depart ment of Public Safety until such agent shall have served a minimum of one year in the Uniform Division of the Department of Public Safety or for three years as a law enforcement officer in the State of Georgia, approved February 25, 1949 (Ga. Laws 1949, p. 1177), as amended by an Act approved March 13, 1957 (Ga. Laws 1957, p. 647), is hereby amended by inserting at the end of Section 1 the following:

"or shall have completed one year of college education including studies relating to criminal justice",

so that, when so amended, Section 1 shall read as follows:

"Section 1. No person shall be eligible for appointment by the director of the Department of Public Safety as an agent for the Bureau of Investigation of the Department of Public Safety until he shall have served for a minimum period of twelve months in the Uniform Division of the Department of Public Safety or a minimum of three years as a law enforcement officer or shall have completed one year of college education including studies relating to criminal justice."

Section 2. Said Act is further amended by adding at the end of Section 2 the following:

"; provided, further, that the Director and the Department shall have the authority to appoint five agents, said agents to be known as 'limited agents', of the Bureau of Investigation who do not meet the qualifications and requirements provided in Section 1",

so that, when so amended, Section 2 shall read as follows:

"Section 2. The Director of the Department of Public Safety and the Department of Public Safety are hereby prohibited from appointing or approving any applicant as an agent for the Bureau of Investigation unless he has met the requirements set out in Sec tion 1 of this Act; provided, however, that the Director of the Crime Laboratory and such male members of his staff as the direc tor of the Department of Public Safety may deem necessary to the performance of their official duties shall be sworn in as special agents of the Bureau of Investigation for that purpose; provided, further, that the Director and the Department shall have the au thority to appoint five agents, said agents to be known as 'limited agents', of the Bureau of Investigation who do not meet the quali fications and requirements provided in Section 1."

WEDNESDAY, MARCH 10, 1971

2753

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, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bell Bennett, Tom Berry Black Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Evans Floyd, J. H. Gaynor

Gignilliat Grantham Greer Griffin Ham Hamilton Harrington Harris Hawes Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mauldin McDaniell McDonald Melton Miles Milford Miller

Moyer Mulherin Mullinax Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L. Pinkston Poole Potts Roach Ross Rush Russell, A. B. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Wamble Westlake Wheeler, Bobby Wheeler, J. A. Wilson

2754

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, John Atherton Barfield Bennett Blackshear Bond Bostick Bowen Brown, B. D. Buck Carter Collins, M. Collins, S. Dailey Dean, Gib Dean, J. E. Dorminy Drury Edwards Egan Ezzard Farrar Felton Floyd, L. R. Fraser

Gary Geisinger Grahl Granade Gunter Hadaway Harrison Hill, B. L. Hood Horton Hutchinson Isenberg Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Leggett Logan Mason Matthews, C. Matthews, D. R. Maxwell McCracken Merritt Moore

Morgan Murphy Nessmith Noble Northcutt Patten Phillips, G. S. Phillips, W. R. Pickard Rainey Reaves Russell, H. P. Russell, W. B. Savage Scarborough Shepherd Thompson Townsend Vaughn Ware Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 121, nays 0.

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

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.

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

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

WEDNESDAY, MARCH 10, 1971

2755

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle 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 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, J. E.
Dean, N.
Dent
Dixon
Dorminy
Egan
Evans
Parrar
Felton
Floyd, J. H.
Fraser

Gary Gaynor Gignilliat Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson 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
Lewis
Longino
Lowrey
Marcus
Mason
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Melton
Merritt

Miles Milford Miller Morgan Moyer Mullinax Nessmith Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Rush Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason
Toles
Townsend
Triplett
Tripp
Turner
Wamble
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

2756

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Bell Bennett, J. T. Berry Blackshear Buck Collins, S. Dailey Dean, Gib Drury Edwards Ezzard Floyd, L. R. Geisinger

Grahl Granade Gunter Hill, B. L. Hood Isenberg Keyton Lambert Logan Matthews, C. Moore Mulherin Murphy

Noble Pearce Pickard Rainey Ross Russell, H. P. Savage Shepherd Smith, J. R. Thompson Vaughn Ware Westlake Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 93. By Senator Stephens of the 36th: A Bill to be entitled an Act to authorize the Director of the Department 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 inmate and not detrimental to the public; and for other purposes.

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 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 Cheeks Clements Cole Collier Colwell Coney, J. L. Conger Connell
Cook Daugherty Davis, E. T. Davis, W.

WEDNESDAY, MARCH 10, 1971

2757

Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Egan Evans 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, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson 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 Lewis Logan Longino Lowrey Marcus Mason 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 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 Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Toles Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Williams Wilson

Those not voting were Messrs.:

Barfield Bennett, J. T. Berry Blackshear Buck Chappell Collins, M. Collins, S. Coney, G. D. Dailey Drury Edwards Ezzard

Gunter Hill, B. L. Isenberg Jessup Larsen, W. W. Lee, W. J. (Bill) Le vitas McCracken Moore Murphy Patten Pearce Pickard

Savage Smith, J. R. Sorrells Thompson Townsend Triplett
Tripp
Wamble Whitmire Wood
Mr. Speaker

2758

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 158, nays 0.

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

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 of this State which discharges into the atmosphere visible emissions obscuring transmission of light beyond 30%; and for other purposes.

Mr. Davis of the 8th moved that SB 68 be placed on the table.

The motion to table was lost.

The following Committee substitute was read:
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%, whether such emissions are from the crankcase, the exhaust system, or from any part of the power system; to provide for certain exemptions; to authorize and empower the duly authorized traf fic agency of this State to enforce the provisions of this Act; to provide a penalty for the violation of this Act; to provide a warning period; to prohibit local regulations; 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. Short Title. This Act may be cited as the "Vehicular Visible Emission Control Act".
Section 2. Visible Emissions from Vehicles on Public Roadways:
(a) It shall be unlawful for any person to operate a diesel powered vehicle on a public roadway of this State which discharges into the atmosphere visible emissions resulting in a decrease of light transmission beyond 30%, whether emitted from the crankcase, the exhaust system, or from any part of the power system: Pro vided, however, that the herein prescribed light obscuring limitations may be exceeded during periods of acceleration and deceleration not to exceed 10 continuous seconds or 1,000 feet.

WEDNESDAY, MARCH 10, 1971

2759

(b) It shall be unlawful for any person to operate a gasoline powered vehicle on a public roadway of this State which discharges into the atmosphere visible emissions resulting in a decrease of light transmission, whether emitted from the crankcase, the exhaust system, or from any part of the power system: Provided, however, that the herein prescribed light obscuring limitation may be ex ceeded for periods not to exceed 10 continuous seconds or 1,000 feet.

(c) The provisions of subsections (a) and (b) of this Section shall not apply to the normal discharge of condensed water vapor.

(d) The provisions of this Section shall be enforced by the duly authorized traffic control agency of this State, or of any political subdivision thereof. The Air Quality Control Agency of this State shall furnish to said traffic control agency appropriate light transmission gauges to be used in the enforcement of this Sec tion.

(e) A traffic violation warning shall be issued to the operator of a vehicle in violation of any provision of this Section through December 31, 1974, and a traffic violation citation shall be issued to the operator of a vehicle in violation of any provision of this Section on and after January 1, 1975.

Section 3. Penalty for Violation of Act. From and after January 1, 1975, any person violating any provision of this Act, upon conviction, shall be punished as for a misdemeanor, the punishment for which shall be a fine in an amount not less than $10.00 nor more than 825.00.

Section 4. Municipal and County Regulation Prohibited. No sub division of this State, shall enact any ordinance or issue any rules and regulations pertaining to the discharging into the atmosphere of visible emissions from diesel powered vehicles or gasoline powered vehicles.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment to the Committee substitute by Messrs. Thomason, Russell and Levitas of the 77th and Larsen of the 113th was read and lost.

The following amendment to the Committee substitute was read and adopted:
Mr. Dorminy of the 48th moves to amend the Committee substitute to SB 68 by adding a new section to be numbered "5" and to read as follows:
Section 5. Provided, however, that this Act shall not apply to off highway farm, forest, and construction equipment being moved from one work location to another.

2760

JOURNAL OF THE HOUSE,

And renumbering Section 5 as Section 6.

The following amendment to the Committee substitute was read:

Mr. Hawes of the 95th moves to amend the Committee Substitute to SB 68 as follows:

By inserting after the word "shall" on line 16 of page 2 the words "produce and".

By striking the figure "1974" on line 21 of page 2 and by in serting in lieu thereof the figure "1972".

By striking the figure "1975" on line 24 of page 2 and by in serting in lieu thereof the figure "1973".

By striking the figure "1975" on line 26 of page 2 and by inserting in lieu thereof the figure "1973".

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. Alexander, W. M. Atherton Bell Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Chance Chandler Collier Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Dean, Gib Dean, J. E.

Dixon
Drury
Egan Ezzard Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Greer Griffin Gunter Ham Hamilton Harrington Hawes Hill, G. Horton Housley Howell
Isenberg Jessup Jones
Jordan King Knight

Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Marcus Mason Matthews, C. Mauldin Maxwell Melton Merritt Miles Miller Moore
Moyer Mulherin Mullinax Noble Northcutt Nunn Odom Patten

WEDNESDAY, MARCH 10, 1971

2761

Pearce Phillips, G. S. Pinkston Potts Rush Russell, W. B. Savage Scarborough Shepherd

Sherman Sims Smith, H. R. Smith, J. R. Stephens Strickland Sweat Toles Townsend

Vaughn Ware Wheeler, Bobby Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Alien Barfield Bennett, J. T. Bennett, Tom Berry Bowen Carter Clements Cole Collins, M. Colwell Davis, E. T. Davis, W. Dorminy Evans Farrar Grahl

Grantham Harris Harrison Hays Hudson, Ted Hutchinson Johnson Jones, Herb Keyton Knowles Lane, W. J. Lowrey Matthews, D. R. McCracken McDonald Milford Nessmith

Patterson Peters Rainey Reaves Roach Ross Russell, A. B. Salem Shanahan Smith, V. T. Sorrells Tripp Turner Wamble Westlake Wheeler, J. A.

Those not voting were Messrs.:

Battle Black Blackshear Bostick Bray Carr Chappell Cheeks Collins, S. Dailey Dean, N. Dent

Edwards Felton Floyd, J. H. Hadaway Hill, B. L. Hood Howard Hudson, C. M. Larsen, W. W. Lewis McDaniell Morgan

Murphy Oxford Phillips, L. L. Phillips, W. R. Pickard Poole Russell, H. P.
Snow Thomason Thompson Triplett Mr. Speaker

On the adoption of the amendment, the ayes were 109, nays 50.

The amendment was adopted. An amendment offered by Mr. Salem of the 51st was read and lost.

2762

JOURNAL OF THE HOUSE,

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Chandler Cheeks Collier 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

Felton Floyd, L. R. Fraser Gary Gaynor Gei singer Gignilliat Grahl Granade Grantham Greer Griffin
Gunter Ham Hamilton Harrington Harrison Hawes Hill, B. L. Hill, G. 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 Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Logan

Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell
McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin
Mullinax Noble Northcutt Nunn Odom Oxford Patten Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Roach Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

WEDNESDAY, MARCH 10, 1971

2763

Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Toles

Townsend Tripp Vaughn Wamble Ware Westlake Wheeler, Bobby

Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Barfield Bennett, J. T. Bowen Carter Clements Cole

Collins, M. Colwell Harris Hays Lane, W. J. Matthews, D. R.

Nessmith Patterson Peters Rainey Reaves Ross

Those not voting were Messrs.:

Blackshear Bray Carr Chance Chappell Collins, S. Dailey Edwards

Floyd, J. H. Hadaway Hudson, C. M. Larsen, W. W. Levitas Lewis McDonald Murphy

Phillips, W. R. Russell, H. P. Snow Thompson Triplett Turner Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 18.

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 has disagreed to the House amendment to the following Bill of the Senate, to-wit:
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.

2764

JOURNAL OF THE HOUSE,

The Senate has agreed to the House amendment as amended by the Senate, to the following Bill of the Senate, to-wit:

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; define certain terms to provide for the functions of the Board; and for other purposes.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendments thereto:

SB 249. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend 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.
Mr. Levitas of the 77th moved that the House recede from its position in amending SB 249.

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. Atherton Barfield Bell Bennett, J. T. Bennett, Tom 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 Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T.

Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Evans Felton Floyd, L. R. Fraser Gary Grahl Granade Grantham Greer Griffin Hadaway Ham

WEDNESDAY, MARCH 10, 1971

2765

Hamilton Harrington Harrison Hawes Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Jordan 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 Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moyer Mulherin Mullinax Nessniith 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. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Snow Sorrells Strickland Sweat Thomason Toles Townsend Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative were Messrs. Colwell and W. J. Lane.

Those not voting were Messrs.:

Alexander, W. M. Alien Battle Berry Black Blackshear Bray Buck Collins, M. Collins, S. Dailey Dean, J. E. Dorminy Edwards Egan

Ezzard Parrar Floyd, J. H. Gaynor Geisinger Gignilliat Gunter Harris Hays Hood Isenberg Jones, Herb Keyton Matthews, D. R. McDonald

On the motion, the ayes were 149, nays 2.

Moore Morgan Murphy Phillips, W. R. Pickard Reaves Russell, H. P. Russell, W. B. Sherman Smith, V. T. Stephens Thompson Triplett Mr. Speaker

2766

JOURNAL OF THE HOUSE,

The motion prevailed and the House receded from its position in amending SB 249.

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

SB 311. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act so as to authorize the Chairman of the State Highway Board or the Director of the State Highway Department to call meetings of committees of the Board estab lished by Board policy; and for other purposes.

An amendment, offered by the Committee on Highways, was read and with drawn.
The following amendments were read and adopted:
Mr. McDaniell of the 117th moves to amend SB 311 as follows:
(1) By adding in the title before the words: "to repeal conflicting laws", the words:
"to provide that certain persons must resign their positions prior to taking office as a member of the State Highway Board;"
(2) By striking at the beginning of Section 1 the following:
"An Act created February 2, 1950 (Ga. L. 1950, p. 62)"
and inserting in lieu thereof the following :
"An Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62)" (3) By renumbering Section 2 as Section 3.
(4) By adding a new section to be known as Section 2 to read as follows:
"Section 2. Said Act is further amended by striking from subsection (b) of Section 4 the following:
'No officer, agent, official or employee of the State, or of any county or municipality thereof, nor any member of the General

WEDNESDAY, MARCH 10, 1971

2767

Assembly, shall be eligible for appointment or election as a Board member hereunder.',
and inserting in lieu thereof the following:

'In the event any person who is an officer, agent, official or employee of the State or of any county, municipality or other politi cal subdivision thereof, or who is a member of the General As sembly, is appointed or elected as a member of the Board, such person must resign as such officer, agent, official, employee or member prior to taking office as a member of the Board.',

so that when so amended, subsection (b) of Section 4 shall read as follows:
'(b) Selection of Board. The initial appointment of members of State Highway Board shall be made by the Governor. The mem bers from the First and Second Districts shall be appointed for terms of five years each commencing from the date of their appoint ment and until their successors are duly elected and qualified; the members from the Third and Fourth Districts shall be appointed for terms of four years each commencing from the date of their appointment and until their successors are duly elected and quali fied; those members from the Fifth and Sixth Districts shall be appointed for terms of three years each commencing from the date of their appointment and until their successors are duly elected and qualified; those members from the Seventh and Eighth Districts shall be appointed for terms of two years each commencing from the date of their appointment and until their successors are duly elected and qualified; and those members from the Ninth and Tenth Dis tricts shall be appointed for terms of one year each commencing from the date of their appointment and until their successors are appointed and qualified. All vacancies from any cause in initial terms hereunder shall be filled by the Governor for the remainder of the unexpired term. Except as hereinafter provided, successors to all members of the State Highway Board, as their respective terms expire, shall be elected by the General Assembly in the man ner hereinafter provided. Successors to the initial membership on the Board from the Ninth and Tenth Congressional Districts shall be appointed by the Governor to a five year term commencing from the date of their appointments. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and senatorial districts, embraced or partly embraced with in such Congressional District, meeting in caucus. Said caucus shall be called at the State Capitol by the Speaker of the House of Repre sentatives and the President of the Senate within the first ten days of the convening of the General Assembly in regular session. Writ ten notice thereof shall be mailed to members of the General As sembly affected at least four days prior to the date of the caucus, which notice shall state the time, place and purpose of said caucus. Within fifteen days after each such election, the Speaker of the House and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State, who, upon receipt thereof, shall immediately issue his commission thereon. The first election of members of the State Highway Board by the Gen-

2768

JOURNAL OF THE HOUSE,

eral Assembly shall be held in 1965, and such election and all elec tions of members thereafter shall be for terms of five years each and until their successors are duly elected and qualified. Elections of members to the Board shall be conducted at the regular session of the General Assembly immediately preceding the expiration of the terms of office of Board members. In the event any term shall ex pire during any regular session of the General Assembly, such va cancy shall be filled by the General Assembly then in session in the manner herein provided. All Board members shall hold office until their successors are elected and qualified. Beginning in 1967 va cancies occurring in the membership of the State Highway Board, when the General Assembly is not in session, shall be filled by a majority vote of the members of the House of Representatives and Senate from the counties and senatorial districts, embraced or partly embraced within the Congressional District where said vacancy occurred, meeting in caucus in the same manner as that for the selection of Board Members as hereinbefore set out. Said caucus shall appoint a resident of the same district to serve until the next regular session of the General Assembly, at which time the Gen eral Assembly shall elect a resident of said district as herein provided to serve out the remainder of the unexpired term. In the event any person who is an officer, agent, official or employee of the State or of any county, municipality or other political sub division thereof, or who is a member of the General Assembly, is appointed or elected as a member of the Board, such person must resign as such officer, agent, official, employee or member prior to taking office as a member of the Board.'"

Mr. Egan of the 116th moves to amend SB 311 by adding on line 25, page 2, between the words "month" and "and" the words:

"at least nine of which regular meetings to be held at the headquarters of the Highway Department in Atlanta,"

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. Alien Atherton Barfield Battle

Bell Bennett, J. T. 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 Cheeks Clements Cole Collier Collins, M. Colwell Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Egan Farrar 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.
Hill, G.
Hood
Horton
Housley

WEDNESDAY, MARCH 10, 1971

2769

Howard Howell 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. 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 Patten Pearce Peters Phillips, G. S. Phillips, L. L. 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, J. R. Smith, V. T. 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 were Messrs. Tom Bennett and Evans.

2770

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Blackshear Bray Chappell Collins, S. Coney, G. D. Dailey Edwards

Ezzard Felton Hays Isenberg Keyton Longino Matthews, D. R.

Murphy Phillips, W. R. Russell, H. P. Snow Thompson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 173, nays 2.

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

,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.

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 Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D.

Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chandler Chappell Cheeks Cole Collier Collins, M. 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 Egan Evans Farrar Felton Floyd, L. R. Fraser Gary Gaynor

WEDNESDAY, MARCH 10, 1971

2771

Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Ham Hamilton Harrington Harrison Hawes Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted 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 Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole

Potts Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason 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. Black Blackshear Bray Chance Clements Collins, S. Dailey Drury Edwards

Ezzard Floyd, J. H. Gunter Hadaway Harris Hays Howell Hutchinson Isenberg Keyton Lowrey

Matthews, D. R. Moore Morgan Murphy Phillips, W. R. Reaves Russell, H. P. Sherman Sorrells Thompson Mr. Speaker

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

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

2772

JOURNAL OF THE HOUSE,

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

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; to define certain terms to provide for the functions of the Board; and for other purposes.

The following House amendment was read:
Mr. Busbee of the 61st moves to amend SB 151 as follows:
By striking from Section 1 Subparagraph (b) (9) and inserting in lieu thereof a new Subparagraph (b) (9) to read as follows:
"(9) Members, the Chancellor and Vice Chancellors of the Board of Regents and all officers, officials and employees of the State University System.
The officers, officials and employees of the State Highway Department of Georgia."
and by adding in Section 1, Subparagraph (c) on page 4, line 25 after the word "corporations" and before the word "department" the words,
"the State Highway Department of Georgia, and the Board of Regents of the University System of Georgia."
The following Senate amendment to the House amendment was read:
Senator Bateman of the 27th moves to amend the House amend ment to SB 151 as follows:
By striking quoted Subparagraph (9) in its entirety and inserting in lieu thereof a new quoted Subparagraph (9), to read as follows:
"(9) Members, the Chancellor and Vice Chancellors of the Board of Regents and all officers, officials and employees of the State University System, except those officers, officials, and em ployees already eligible to be covered by the State Merit System by law or executive order.
The officers, officials and employees of the State Highway Department of Georgia, except those officers, officials, and em ployees already eligible to be covered by the State Merit System by law or executive order."

WEDNESDAY, MARCH 10, 1971

2773

By striking the remainder of said amendment in its entirety.

Mr. Busbee of the 61st 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. Alien
Atherton Battle
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 Cole Collier Collins, M.
Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon

Dorminy Drury Evans Farrar Floyd, J. H.
Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat Grahl Grantham
Greer Griffin Gunter Hadaway
Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley
Howard Howell 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. Leggett Levitas Lewis Logan
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McCracken McDaniell Melton Merritt Miles Miller Moore
Morgan Moyer Mulherin Mullinax
Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Peters
Phillips, G. S. Phillips, L. L. Pinkston Poole Rainey Reaves Rush
Russell, A. B. Russell, W. B.

2774
Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells

JOURNAL OF THE HOUSE,

Strickland Sweat Thomason Toles Tripp Turner Vaughn Wamble Ware

Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Alexander, W. M. Bell Dean, J. E.

Ham Noble Phillips, W. R.

Stephens

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Bray Clements Collins, S. Dailey Dean, Gib Edwards Egan Ezzard Felton

Granade Hill, B. L. Hood Isenberg Keyton Longino McDonald Milford Murphy Odom Pickard Potts

Roach Ross Russell, H. P. Savage Shepherd Snow Thompson Townsend Triplett Mr. Speaker

On the motion, the ayes were 154, nays 7.

The motion prevailed and the Senate amendment to the House amendment to SB 151 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional ma jority the following Resolution of the House, to-wit:

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.

WEDNESDAY, MARCH 10, 1971

2775

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

HB 102. 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 amend subsection (5) of Section 1 by changing the names of the "Georgia Education Association" to the "Georgia Association of Edu cators"; and for other purposes.

The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:
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 Senate substitute was read:
A RESOLUTION
Authorizing the conveyance of a certain tract of State-owned prop erty; and for other purposes.
WHEREAS, there was donated to the State of Georgia by the City for Augusta the following described tract of land:
"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 North 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 52 07' West, 200 feet to a point; thence continuing along the East side of Milledge Road South 42, 27' West, a dis tance 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

2776

JOURNAL OF THE HOUSE,

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.

Mr. Connell of the 79th 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. Alien
Atherton Battle Bell
Bennett, Tom Berry Black Bohannon Bostick Bowen Brantley, H. L.
Brown, B. D. Brown, C. Buck
Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole
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 Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Hamilton Harrington Harris Harrison Hawes

Hill, G. Hood
Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson
Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight 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

WEDNESDAY, MARCH 10, 1971

2777

Matthews, C. Matthews, D. R. 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. Poole Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shepherd 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. Williams Wilson

Voting in the negative was Mr. Sherman.

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Bond Brantley, H. H. Bray Brown, S. P. Collier Collins, M. Collins, S. Colwell Dailey

Edwards Ezzard Felton Gunter Hays Hill, B. L. Isenberg Knowles Moore Murphy Phillips, W. R. Pickard

Pinkston Potts Rush Shanahan Stephens Thompson Townsend Whitmire Wood Mr. Speaker

On the motion, the ayes were 160, nays 1.

The motion prevailed and the Senate substitute to HR 183-623 was agreed to.

Mr. Sherman of the 80th stated that he had inadvertently voted "nay" when the roll was called on the motion to agree to the Senate substitute to HR 183-623, and had intended to vote "aye".

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

2778

JOURNAL OP THE HOUSE,

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", 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.

The following Committee amendment was read and adopted:

The Committee on Retirement moves to amend SB 40 as follows:

By striking from the title the following: "so as to remove the provision prohibiting trial judges and solicitors of inferior courts from practicing law while receiving retirement pay;" and inserting in lieu thereof the following: "so as to authorize trial judges and solicitors of inferior courts to practice law while receiving retirement pay under certain circumstances;".

By striking the period and quotation mark following the word "State" where it appears in line 5 on page 2 and inserting in lieu thereof the following: "and may not practice law while receiving retirement pay unless he was authorized to engage in the private practice of law while actively serving as such judge or solicitor.".

By striking the period following the word "State" where it appears in line 27 on page 2 and inserting in lieu thereof the following: "and may not practice law while receiving retirement pay unless he was authorized to engage in the private practice of law while actively serving as such judge or solicitor.".

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 thevote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Bond

Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell

Cheeks Cole Collier Coney, G. D. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dorminy

WEDNESDAY, MARCH 10, 1971

2779

Drury Evans Parrar Praser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Harrington Harris Harrison Hawes Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Jones, Herb Knight Kreeger Lane, Dick Larsen, W. W.

Lee, W. J. (Bill) Lee, W. S. Leggett Logan Marcus Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, L. L. Pinkston

Poole Potts Rainey 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 Strickland Sweat Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.

Adams, John Bohannon
Dean, N. Dixon Jones, J. R.

King Larsen, G. K. Lowrey Matthews, D. R. Milford

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Bostick Bowen Bray Carter Clements Collins, M. Collins, S. Colwell Coney, J. L.

Cook Dailey Dean, Gib Edwards Egan Ezzard Felton Floyd, J. H. Ployd, L. R. Gunter Ham Hamilton

Patterson Phillips, W. R. Toles Westlake Williams
Hays Hill, B. L. Hill, G. Howell Isenberg Johnson Jordan Keyton Knowles Lambert Lane, W. J. Levitas

2780
Lewis Longino Mason Murphy Phillips, G. S. Pickard

JOURNAL OF THE HOUSE,

Rush Russell, H. P. Snow Sorrells
Thomason Thompson

Townsend Whitmire Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 128, nays 15.

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

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 manufacturer pursuant to certain regulations; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that it shall be unlawful for the owner of any motor vehicle to operate or permit the operation of such vehicle on which any device controlling or abating atmospheric emissions which is placed on a motor vehicle by the manufacturer pursuant to certain regulations has been rendered unserviceable; to provide for penalties; to provide for certain excep tions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by adding a new Section between Sections 117 and 118 to be designated as Section 117A and to read as follows:
"Section 117A. Devices Controlling or Abating Crankcase and Exhaust Emissions.
(a) It shall be unlawful for the owner of any motor vehicle

WEDNESDAY, MARCH 10, 1971

2781

to operate or permit the operation of such vehicle on which any device controlling or abating atmospheric emissions which is placed on a motor vehicle by the manufacturer pursuant to regulations promulgated by the United States Secretary of Health, Education and Welfare in accordance with the provisions of Title II, of the "National Emissions Standards Act" of the "Air Quality Act of 1967", Public Law 90-148, approved November 21, 1967, as amended, has been rendered unserviceable by removal, alteration, damage,
or other interference with its operation.

(b) Any person violating the provisions of subsection (a) of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.

(c) The provisions of subsection (a) of this Section shall not apply to any person repairing any such device described in said sub section or to the removal of any such device by any person for the purpose of repairing or replacing such device.

(d) The provisions of subsection (a) of this Section shall not apply to any person removing any such device for the purpose of converting any motor vehicle to operate on natural or liquified petroleum gas or make any other modifications which would reduce
atmospheric emissions.

(e) Any vehicle suspected of being operated in violation of this Act may be the subject of an inspection conducted by any officer of the Georgia State Patrol who has reason to believe such violation is occurring, without the necessity of obtaining a warrant to permit such inspection."
Section 2. This Act shall become effective on January 1, 1975.

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

The following amendment was read and adopted:

Mr. Hawes of the 95th moves to amend the Committee substitute to SB 131 as follows:

By striking from line 4 of page 2 the following: ", damage,";

and by striking from line 28 of page 2 the figure "1975" and by in serting in lieu thereof the figure "1972".

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.

2782

JOURNAL OF 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 Battle Bell Bennett, Tom Berry Black Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Cheeks Cole Collier Collins, M. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W.
Dean, Gib
Dean, N.
Dent
Dorminy
Drury
Egan
Evans
Farrar
Floyd, L. R.
Fraser
Gary
Gaynor

Geisinger Gignilliat Grahl Granade Grantham Greer Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis
Longino
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McDaniell
Melton
Merritt
Miles

Milford Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Poole Potts Rainey 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. Sorrells Strickland Toles Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson

WEDNESDAY, MARCH 10, 1971

2783

Those voting in the negative were Messrs.:

Chappell Colwell

Dean, J. E. Phillips, W. R.

Stephens

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Bostick Bowen Carter Clements Collins, S. Conger Dailey Dixon
Edwards Ezzard Felton
Floyd, J. H.

Griffin Gunter Hadaway Hill, B. L. Hood Hudson, C. M. Isenberg Knowles Lane, W. J. Larsen, W. W. Logan
McCracken McDonald Miller
Moore

Murphy Noble Phillips, G. S. Pickard Pinkston Rush Russell, H. P. Snow Sweat Thomason Thompson
Ware Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 146, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SR 114. By Senator Reynolds of the 48th:
A Resolution relating to architectural and engineering firms doing business with the State, so as to exempt contracts between architectural and engineering firms and the State Highway Department from the provisions of said Resolution; and for other purposes.

The following substitute, offered by Mr. Vaughn of the 74th, was read and adopted:
A RESOLUTION
To amend a Resolution relating to architectural and engineering firms doing business with the State, approved March 20, 1970 (Ga. Laws 1970, p. 420), so as to exempt certain contracts between architectural and engineering firms from said Resolution; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

2784

JOURNAL OF THE HOUSE,

Section 1. A Resolution relating to architectural and engineering firms doing business with the State, approved March 20, 1970 (Ga. Laws 1970, p. 420), is hereby amended by striking in its entirety the sixth unnumbered paragraph of said Resolution and substituting in lieu thereof the following:

"BE IT FURTHER RESOLVED that any architectural or engi neering firm that has received more than 10% of the total awarded for such services by the departments, agencies and public corpora tions of the State during any period of 36 months, as shown by the statistics of the State Auditor, shall be ineligible to contract with any department, agency or public corporation of the State other than the State Highway Department and the State Toll Bridge Authority, and only then for toll road projects, until such firm, during any period of 36 months, has been awarded less than 10% of the total awarded for such services, provided, nevertheless, that as to State Highway Department any architectural or engineering firm that has received not more than 30% of the total awarded shall be eligbile to contract with that Department."

Section 2. This Resolution shall become effective upon its approval by the Governor.

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

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

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

Those voting the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Battle Bell Bennett, Tom Black 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 Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook

Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Egan Evans Fraser Gary Gaynor Gignilliat Grahl Granade

WEDNESDAY, MARCH 10, 1971

2785

Grantham Greer Griffin Gunter Ham Hamilton Harrington Harrison Hays Hill, G. Horton Howell Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jordan Knight Knowles Kreeger Lambert Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Logan

Longino Lowrey Mason Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Nunn Odom Oxford Patten Pearce Peters Phillips, L. L. Pinkston Poole Potts

Rainey Reaves Roach Ross Rush Russell, A. B. Salem Savage Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Toles Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Williams Wilson

Those voting in the negative were Messrs.

Bohannon Davis, W. Floyd, L. R. Geisinger Housley

Isenberg Jones, J. R. Lane, Dick Lane, W. J. Larsen, G. K.

Leggett Phillips, W. R. Sherman Westlake

Those not voting were Messrs.:

Alien Barfield Bennett, J. T. Berry Blackshear Bray Buck Collier Collins, S. Colwell Dailey Edwards Ezzard Farrar Felton Floyd, J. H.

Hadaway Harris Hawes Hill, B. L. Hood Howard Hudson, C. M. Keyton King Marcus Matthews, C. McCracken McDonald Mullinax Murphy Northcutt

Patterson Phillips, G. S. Pickard Russell, H. P. Russell, W. B. Shepherd
Sweat Thomason Thompson Townsend
Ware Whitmire Wood Mr. Speaker

2786

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, by substitute, the ayes were 135, nays 14.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Mr. Bray of the 31st assumed the Chair.

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

SB 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 execu tive power in connection with expiration of the term of office of a gov ernor and the inauguration of a new governor; and for other purposes.

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 Alexander, W. H. Alexander, W. M. Alien Atherton Battle 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.

Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Dean, Gib Dean, J. E.

Dean, N. Dent Dixon Dorminy Egan Evans Felton . Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter.

WEDNESDAY, MARCH 10, 1971

2787

Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb 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 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 Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole

Potts Rainey Reaves Roach Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Thompson Toles Triplett Tripp Turner Wamble Westlake Wheeler, J. A. Williams Wilson

Those voting in the negative were Messrs.:

Adams, John

Jones, J. R.

Those not voting were Messrs.:

Barfield Bell Blackshear Bray Buck Carr Collina, S. Colwell Dailey Davis, W. Drury Edwards

Ezzard Farrar Hadaway Hudson, C. M. Johnson Keyton Lambert Mason Murphy Noble Phillips, W. R. Pickard

Odom
Ross Russell, H. P. Smith, J. R. Strickland Townsend Vaughn Ware Wheeler, Bobby Whitmire Wood Mr. Speaker

2788

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 157, nays 3.

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

SB 254. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend Act relating to the issuance of certificates of exemptions from the payment of professional and semiprofessional license taxes to certain disabled veterans; and for other purposes.
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. M.
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 Chandler Chappell Cheeks Clements Cole

Collier Collins, M. Colwell
Coney, G. D. Coney, J. L. Conger Connell Daugherty
Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Evans Farrar Felton
Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor
Geisinger Gignilliat Grahl
Granade Grantham Greer Griffin

Gunter Hadaway Harrington Harris Harrison Hays Hill, B. L.
Hood Horton Housley Howell
Hudson, C. M. Hudson, Ted Hutchinson
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)

WEDNESDAY, MARCH 10, 1971

Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith

Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. 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. Sorrells
Stephens Sweat Toles Townsend Tripp Turner
Wamble Ware Westlake
Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Alexander, W. H. Alien Barfield Bennett, J. T. Blackshear Chance Collins, S. Cook Dailey Davis, E. T. Drury Edwards Egan

Ezzard Ham Hamilton Hawes Hill, G. Howard Isenberg Jones, Herb Levitas McCracken McDaniell McDonald Murphy

Northcutt Phillips, G. S. Phillips, W. R. Pickard Rush ,; Snow Strickland Thomason Thompson
Triplett Vaughn Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 0.

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

SB 289. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend the Georgia Public Assistance Act of 1965, so as to provide that hearings and judicial review of final de cisions by the Department of Family and Children Services shall be con ducted in accordance with the applicable provisions of the Georgia Ad ministrative Procedure Act; and for other purposes.

2790

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry 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 Collier Collins, M. 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 Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade
Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Housley 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. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, W. B.

WEDNESDAY, MARCH 10, 1971

2791

Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R.

Smith, V. T. Sorrells Stephens Sweat Toles Townsend Triplett Tripp

Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett, J. T. Black Blackshear Cole
Collins, S.
Dailey
Drury
Edwards
Egan
Ezzard

Gaynor Hamilton Hill, B. L. Howard Isenberg
McCracken
Murphy
Northcutt
Phillips, G. S.
Phillips, W. R.
Pickard

Russell, A. B. Russell, H. P. Smith, J. R. Snow Strickland
Thomason
Thompson
Turner
Westlake
Wheeler, Bobby
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. Levitas of the 77th served notice that at the proper time he would move that the House reconsider its action in passing SB 289.

Under the general order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

SB 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 hospitalization and release of alcoholics and drug dependent individuals; and for other purposes.

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

2792

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, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dixon Dorminy Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat

Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, Ted Hutchinson
Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Kreeger Lane, W. J. Larsen, G. K. Lee, W. S. Leggett 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 Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, L. L. Pinkstori 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. Snow Sorrells Stephens Sweat Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Whitmire Williams Wilson Wood

WEDNESDAY, MARCH 10, 1971

2793

Those voting in the negative were Messrs.:

Chappell Hill, G.

Hudson, C. M. Knowles

Larsen, W. W. Phillips, W. R.

Those not voting were Messrs.:

Adams, G. D. Barfield Bennett, J. T. Berry Black
Blackshear Bray Carr Collins, M. Cook Dailey Davis, W. Dean, Gib

Drury Edwards Ezzard Gary Hamilton
Hill, B. L. Isenberg Keyton Lambert Lane, Dick Lee, W. J. (Bill) Levitas Murphy

Pearce Phillips, G. S. Pickard Russell, H. P. Strickland
Thomason Thompson Westlake Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 6. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional ma jority the following Resolution of the House, to-wit:

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 recall of county officers of Ployd County, including mem bers of the county board of education; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 517. By Messrs. Northcutt of the 21st and Matthews of the 63rd: A Bill 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.

2794

JOURNAL OF THE HOUSE,

The Senate has passed by the requisite constitutional majority the followingBill of the Senate, to-wit:

SB 133. By Senator Holloway of the 12th:
A Bill to provide that the State Treasurer shall withhold any and all grants appropriated to any county until the county tax Digest for the previous calendar year has been approved by the State Revenue Com missioner; and for other purposes.

Mr. Lee of the 21st moved that the House do now adjourn until 10:00 o'clock tomorrow morning.

The motion prevailed and the Acting Speaker announced the House ad journed until 10:00 o'clock tomorrow morning.

THURSDAY, MARCH 11, 1971

2795

Representative Hall, Atlanta, Georgia Thursday, March 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.

The following prayer was offered by Rev. Herbert Kelmer Durden, Pastor, Kite Church of God, Kite, Georgia:
Our most holy Heavenly Father, we come before Thee with humble hearts, thanking Thee for the blessings Thou has bestowed upon us. We thank Thee for the privilege of living in a country and a State where we can pray and worship God, the giver of all good blessings. We pray for the leaders of our country and especially for this State and those who hold the responsibility. We pray that You will let the Holy Spirit motivate and guide them in doing the things that would be right in the sight of God and in the sight of man. We pray that You will help us remember from whence we came and what brought us here. And remember the foundation of our country and the foundation of our freedom and that it is all based on the holy Word of God. And faith we have in Jesus Christ. Bless us through this day and may You get the honor and glory out of all that we do. For we ask it in the name of Jesus and for His sake. 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.

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 Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin

2796
Gunter Ham Hamilton Harrington Harris Patterson Patten Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell 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. Leggett Le vitas Lewis

JOURNAL OF THE HOUSE,

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 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 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.
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.

THURSDAY, MARCH 11, 1971

2797

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 11, 1971, and submits the following:

SB 4. Department of Public Safety, Retirement Time

SR 50. Motor Vehicles, Quality Control

SB 53. Floor Leader, Change to Majority Leader

SR 60. Property Taxes, Fulton County

SB 75. Retirement System, Percentage Rate SB 92. Prisoners, Lengthy Appeals SR 93. Jail Standards Study Commission SB 102. Fire Fighter, Standards & Training Council

SB 104. Charter Forfeit, Fee SB 105. Juvenile Court Code, Create SR 113. Education Coordination Study Committee

SB 147. Motor Vehicle, Flashing Lights, Prohibit

SB 156. Guardians, Physician Affidavit

SB 162. Veterans, Handicapped, Ad Valorem Taxes

SB 216. SB 221. SB 224. SB 260. SB 278. SB 303.

Land Covenants, Time Limitation City Housing Authority, Limit Area County Sheriffs, Longevity Increases P.P. Trucks, Forest Products, License Fees Municipal Annexation, Across County Lines Interstate Environment Compact

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,
Lambert of 25th,
Vice-Chairman

2798

JOURNAL OF THE HOUSE,

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

HB 1097. By Messrs. Smith, Cole and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Varnell, 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-1098. By Messrs. Brown, Pinkston, Scarborough and Bennett of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend Code Section 46-406, relating to judgments in garnishment proceedings, so as to require the summons of garnishment to include a paragraph informing the garnishee that failure to answer may result in a default judgment against the employer-garnishee; and for other purposes.
Referred to the Committee on Judiciary.

HB 1099. By Messrs. Brown, Pinkston, Scarborough and Bennett of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to repeal Code Section 46-805, relating to the assent of certain governmental officials as a prerequisite to judg ment against certain government employees; and for other purposes.
Referred to the Committee on Judiciary.
HE 423-1099. By Messrs. Savage of the 104th, Russell of the 77th, Granade and Floyd of the 75th, Lane of the 101st, Adams of the 100th, Cook of the 95th, Geisinger of the 72nd and others:
A Resolution proposing an amendment to the Constitution so as to provide that salary changes for certain State officers shall take effect at the beginning of the term of office following the term in which the change becomes law; and for other purposes.
Referred to the Committee on Retirement.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 1091. By Messrs. Smith of the 3rd and Brown of the 32nd: A Bill to be entitled an Act to authorize the county governing author ities to create solid waste management districts for the purpose of collecting and disposing of solid waste; and for other purposes.

THURSDAY, MARCH 11, 1971

2799

HB 1092. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend Code Section 61-402, relative to how warrants are issued and executed, so as to increase the sum for which property levied upon must be returned to the sheriff under distress warrants for rent; and for other purposes.

HB 1093. By Messrs. Burruss, Housley, Kreeger, Wilson and McDaniell of the 117th:
A Bill to be entitled an Act to amend Code Section 24-601, relative to enumeration of duties in general of Justices of the Peace, so as to increase the penalties a Justice of the Peace may impose for contempt; and for other purposes.

HB 1094. By Mr. Burruss of the 117th:
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 justices of the peace; and for other purposes.

HB 1095. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend an Act authorizing planning commissions, so as to authorize municipal governing authorities to provide for the inclusion of unincorporated territory within the planning and zoning jurisdiction of the municipality; and for other purposes.

HR 395-1095. By Messrs. Burruss, Housley, Kreeger, Wilson and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace shall have jurisdiction; and for other purposes.
HB 1096. By Mr. Scarborough of the 81st:
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 exclude from the imposition of sales and use taxes personal property intended for shipment into other states and warehouses in this State; and for other purposes.
SB 336. By Senator Spinks of the 9th:
A Bill to be entitled an Act to create a Governmental Study Commission for Tift County; to provide for the selection of the members of the Commission and their duties and responsibilities and for reimbursing such members for expenses incurred while performing services as a member of the Commission; and for other purposes.

2800

JOURNAL OF THE HOUSE,

SB 133. By Senator Holloway of the 12th:
A Bill to be entitled an Act to provide that the State Treasurer shall withhold any and all grants appropriated to any county until the County Tax Digest for the previous calendar year has been approved by the State Revenue Commissioner; 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 Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 50. Do Pass, by Substitute. Respectfully submitted, Gaynor of 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 Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 132. Do Pass, by Substitute. Respectfully submitted, Parrar of 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 Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 280. Do Pass, as Amended. Respectfully submitted, Marcus of 105th, Secretary.

THUKSDAY, MARCH 11, 1971

2801

Mr. Vaughn of the 74th District, Chairman of the Committee on Highways, submitted the following report:

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendation:

HB 519. Do Not Pass.

Respectfully submitted,

Vaughn of 74th,

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 Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 244. Do pass, as Amended. Respectfully submitted, Snow of 1st, Chairman.

Mr. Lambert of the 25th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tions of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

SR 52. Do Pass.

SR 56. Do Pass.

Respectfully submitted,

Lambert of 25th,

Vice-Chairman.

Mr. Roach of the 10th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Special Judiciary has had under consideration the follow ing Bills of the Senate and has instructed me to report same back to the House with the following recommendations:

SB 135. Do Pass.

SB 276. Do Pass.

SB 301. Do Pass.

Respectfully submitted,

Roach of 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 follow ing Bills and Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SR 47. Do Pass. SB 230. Do Pass, as Amended. SB 133. Do Pass. SB 306. Do Pass. SB 164. Do Pass, by Substitute.
Respectfully submitted, Howell of 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 of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 1085. Do Pass. HB 1086. Do Pass. HB 1087. Do Pass. HB 1088. Do Pass. SB 15. Do Pass, as Amended.

THURSDAY, MARCH 11, 1971

2803

SB 237. Do Pass. SB 277. Do Pass. SB 296. Do Pass. SB 298. Do Pass, as Amended. SB 299. Do Pass. SB 314. Do Pass. SB 317. Do Pass, as Amended. SB 265. Do Pass. SB 16. Do Pass, as Amended. SB 143. Do Pass. SB 144. Do Pass. SB 145. Do Pass. SB 161. Do Pass. SB 166. Do Pass. SB 167. Do Pass, as Amended. SB 302. Do Pass. SB 274. Do Pass, as Amended.

Respectfully submitted, Levitas of 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 Senate and has instructed me to report same back to the House with the following recommendation:

SB 255. Do Pass.

Respectfully submitted,

Lane of 44th,

Chairman.

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

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JOURNAL OF THE HOUSE,

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

HB 173. By Mr. Greer of the 95th:
A Bill 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 . . .", so as to provide for preservation of maximum pension benefits by postponing the date for commencement of such benefits; and for other purposes.

HB 193. By Mr. Connell of the 79th and others:
A Bill 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 385. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill 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 compensation payable from State and County funds; and for other purposes.

HB 494. By Mr. Smith of the 43rd:
A Bill 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.

HB 495. By Mr. Smith of the 43rd:
A Bill to amend an Act incorporating the City of Twin City, so as to provide that the commissioners of the City of Twin City shall be elected by the voters of the entire city; and for other purposes.

HB 583. By Mr. Lee of the 61st:
A Bill to amend an 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 vehicles on privately owned streets, ways, and parking areas; and for other purposes.

HB 584. By Mr. Lee of the 61st: A Bill to amend an Act creating and establishing a new charter for the

THURSDAY, MARCH 11, 1971

2805

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.

HB 676. By Messrs. Howard, Atherton, Kreeger, McDaniell and Housley of the 117th and others:
A Bill 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 701. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Collins and Geisinger of the 72nd and others:
A Bill 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 718. By Mr. Hadaway of the 27th:
A Bill 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 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.

HB 776. By Messrs. Levitas, Russell, Parrar and Thomas on the 77th:
A Bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to provide for an additional 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 amend an Act providing a supplemental salary for the ordinary of Candler County, so as to increase the supplemental salary of the ordinary; and for other purposes.

HB 780. By Messrs. Matthews and Patten of the 63rd: A Bill to amend an Act creating the State Court of Colquitt County,

2806

JOURNAL OF THE HOUSE,
so as to change the salary of the Judge of said Court and the Solicitor of said court; and for other purposes.

HB 793. By Mr. Sorrells of the 24th:
A Bill 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 amend 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 purposes.

HB 795. By Mr. Sorrells of the 24th:
A Bill 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.

HB 796. By Mr. Sorrells of the 24th:
A Bill to amend an Act creating the office of Tax Commissioner of Walton County, so as to change the compensation of the tax commis sioner; 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 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 818. By Mr. Jones of the 4th:
A Bill 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.

HB 825. By Messrs. Adams, Lowrey and Toles of the 9th:
A Bill 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.

HB 828. By Messrs. Kreeger, McDaniell, Housley, Howard, Burruss, Atherton and Wilson of the 117th:
A Bill to amend an Act providing for the compensation of the judge of the Cobb County Juvenile Court; and for other purposes.

THURSDAY, MARCH 11, 1971

2807

HB 832. By Mr. Kreeger of the 117th:
A Bill 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 854. By Mr. Connell of the 79th:
A Bill to authorize the coroners of certain counties to appoint assis tants; to provide for the powers, duties and responsibilities of such assistants; and for other purposes.

HB 855. By Mr. Connell of the 79th:
A Bill to fix the compensation of certain officials in certain counties? and for other purposes.

HB 856. By Mr. Connell of the 79th:
A Bill 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 864. By Messrs. Edwards and Black of the 45th:
A Bill to create and establish a Small Claims Court in and for Taylor County; and for other purposes.

HB 871. By Mr. Carter of the 64th:
A Bill to provide the compensation of the Lanier County Attorney; and for other purposes.

HB 877. By Mr. Connell of the 79th:
A Bill to amend an Act abolishing the fee system of compensation for the district attorney of the Augusta Judicial Circuit, 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 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.

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JOURNAL OF THE HOUSE,

HB 884. By Mr. Phillips of the 38th:
A Bill to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commis sioner ; and for other purposes.

HB 885. By Mr. Phillips of the 38th:
A Bill 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 amend an Act creating the office of commissioner of Carroll County, so as to change the compensation of said commissioners; and for other purposes.

HB 887. By Messrs. Bohannon and Patterson of the 20th:
A Bill to amend an Act creating the office of tax commissioner of Carroll County, so as to change the compensation of the tax commis sioner; and for other purposes.

HB 888. By Messrs. Hill of the 94th, Triplett of the 93rd, Gaynor of the 88th and others:
A Bill to amend an Act providing for salaries for the Board of Alder men 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 891. By Messrs. Moore and Gunter of the 6th:
A Bill 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 abolish the present method of compensating the sheriff of Irwin County, known as the fee system; to provide in lieu thereof an annual salary; to define the governing authority of Irwin County; and for other purposes.

HB 893. By Messrs. Griffin and Conger of the 68th:
A Bill creating a Small Claims Court in Decatur County; and for other purposes.

THURSDAY, MARCH 11, 1971

2809

HB 895. By Messrs. Davis, Floyd, Granade and Westlake of the 75th, Bell and Noble of the 73rd and others:
A Bill 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 Commissioners; and for other purposes.

HB 897. By Messrs. Leggett and Isenberg of the 67th:
A Bill 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 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 amend the Charter of the City of Brunswick, so as to change the terms of office of commissioners; and for other purposes.

HB 900. By Mr. Sorrells of the 24th:
A Bill to amend an Act incorporating the Town of Good Hope, in the County of Walton, so as to change the terms 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 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 amend an Act relating to the certain law libraries in certain counties, so as to change certain of the population figures and census contained therein; and for other purposes.

2810

JOURNAL OF THE HOUSE,

HB 903. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to amend an Act providing for emeritus offices for retiring de partment 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 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 amend an Act relating to certain fees of certain clerks of superior courts, so as to change certain of the population figures con tained therein; and for other purposes.

HB 906. By Messrs. Sherman of the 80th, Miles and Cheeks of the 78th, andDentof the 79th:
A Bill 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.

HB 907. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill 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 purposes.

HB 908. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to amend Code Section 21-10, relating to the election and qualifi cations of coroners, so as to change certain population 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 amend Code Section 23-1704, relating to the bonds of certain contractors in certain counties, so as to change certain of the popula tion figures and census contained therein; and for other purposes.

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2811

HB 910. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill 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 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 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 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.
HB 914. By Messrs. Sherman and Smith of the 80th, Miles and Cheeks of the 78th and Dent of the 79th:
A Bill to amend an Act regulating traffic on the streets and highways of this State, so as to change certain of the population figures and census contained therein; and for other purposes.*
HB 921. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill 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 926. By Mr. Brantley of the 52nd:
A Bill 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 928. By Mrs. Merritt and Mr. Oxford of the 46th: A Bill to amend an Act providing a salary for the official court reporter

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JOURNAL OP THE HOUSE,

of the Southwestern Judicial Circuit, so as to change the compensation of said official court reporter; and for other purposes.

HB 930. By Messrs. Gunter and Moore of the 6th:
A Bill to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, 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 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 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 935. By Mr. Hadaway of the 27th: A Bill 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 941. By Mr. Dean of the 13th: A Bill 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 948. By Mr. Wamble of the 69th: A Bill 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 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 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.

THURSDAY, MARCH 11, 1971

2813

HB 951. By Messrs. Gunter and Moore of the 6th:
A Bill 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.

HB 952. 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 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 967. By Messrs. Davis, Granade, Floyd and Westlake of the 75th, Noble and Bell of the 73rd and others:
A Bill to provide that the governing authority of any municipality located wholly within certain counties may not rezone 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 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 981. By Mr. Sorrells of the 24th:
A Bill to provide for an investigator for the office of the District At torney of the Western Judicial Circuit; and for other purposes.

HB 982. By Messrs. Ware, Mullinax, Knight and Potts of the 30th: A Bill 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.
HB 984. By Messrs. Lee, Northcutt and Gary of the 21st: A Bill to amend an Act incorporating the Town of Forest Park, so as to change the corporate limits of said city; and for other purposes.

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

2814

JOURNAL OF THE HOUSE,

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.

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; and for other purposes.

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

HB 10. By Mr. Colwell of the 5th and others:
A Bill 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 Secretary-Treasurer; and for other pur poses.

HB 124. By Mr. Ware of the 30th: A Bill to amend an Act known as the "Georgia Military Forces Re organization Act of 1955", so as to provide for a minimum base pay; and for other purposes.
HB 192. By Mr. Bennett of the 71st: A Bill 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 196. By Mr. Buck of the 84th: A Bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the minimum and maximum rates of regular interest for use in all calculations required in connection with the Employees' Retirement System of Georgia; and for other purposes.
HB 423. By Messrs. Nunn of the 41st and Pinkston of the 81st: A Bill 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; and for other purposes.

THURSDAY, MARCH 11, 1971

2815

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 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.

HB 894. By Messrs. Davis, Floyd, Granade and Westlake of the 75th, Bell and Noble of the 73rd and others:
A Bill 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; and for other purposes.

HB 518. By Messrs. Northcutt of the 21st and Matthews of the 63rd:
A Bill 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 535. By Mr. Lee of the 21st:
A Bill 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 632. By Mr. Farrar of the 77th:
A Bill 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, which transfer shall be considered as lapsed funds for the purpose of calculating adjustments; 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 and others:
A Bill 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.
HB 698. By Mr. Levitas of the 77th:
A Bill 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 im position of certain taxes on such trust; and for other purposes.

2816

JOURNAL OF THE HOUSE,

HB 715. By Messrs. Miller of the 83rd and Scarborough of the 81st:
A Bill 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 724. By Mr. Lambert of the 25th:
A Bill to authorize the Attorney General upon the request of any de partment, office, officer, institution, commission, committee, board or other agency of the State of Georgia or any instrumentality thereof, to select and employ private counsel to perform legal services there for; and for other purposes.

HB 736. By Mr. Matthews of the 16th:
A Bill to amend an Act creating the Georgia Higher Education As sistance Corporation, so as to change provisions relating to payment of interest on loans guaranteed by the corporation; and for other purposes.

HB 737. By Mr. Matthews of the 16th:
A Bill to amend an Act creating the Georgia Higher Education As sistance Authority; and for other purposes.

HB 738. By Mr. Matthews of the 16th:
A Bill to amend an Act creating the Georgia State Scholarship Com mission and authorizing the Commission to provide for granting of scholarships, so as to provide for granting of scholarships, so as to provide that terms and conditions governing award, 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.

HB 925. By Messrs. Leggett and Isenberg of the 67th:
A Bill 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.

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

THURSDAY, MARCH 11, 1971

2817

HB 329. By Messrs. Alexander of the 108th, Daugherty of the 109th and others:
A Bill to amend 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; and for other purposes.

HB 933. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill 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 1006. By Messrs. Milford and Mauldin of the 12th: A Bill 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 6,924; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 529. By Mr. Hudson of the 28th: A Bill to amend an Act reincorporating the City of Sparta, so as to change the maximum ad valorem tax rate; 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 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 education of excep tional children and to expend funds for such purposes; and for other purposes.
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 munici pal elections; and for other purposes.
The Senate has adopted by requisite constitutional majority the following Resolutions of the House, to-wit:
HR 122-321. By Mr. Levitas of the 77th: A Resolution proposing an amendment to the Constitution so as to

2818

JOURNAL OF THE HOUSE,

provide that each resident of the City of Decatur, who is 65 years old or older shall be granted an exemption from 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.

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; 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 authorize the governing authority of Dougherty County to grant ex clusive franchises for the collection of garbage in the unincorporated areas of Dougherty County; and for other purposes.

The Senate insists on its amendment to the following Bill of the House, to-wit:

HB 983. By Messrs. Kreeger, Atherton, Wilson, McDaniell and Burruss of the 117th:
A Bill to amend an Act providing for a new charter 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.

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

HB 199. By Mr. Busbee of the 61st:
A Bill 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.

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

HR 399. By Messrs. Smith of the 43rd, Thomason and Farrar of the 77th and many others:
A Resolution expressing appreciation to the Georgia Educational Television Network; and for other purposes.

THURSDAY, MARCH 11, 1971

2819

HR 400. By Messrs. Smith of the 43rd, Thomason and Farrar of the 77th and many others:
A Resolution commending the Corporation for Public Broadcasting; and for other purposes.

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

HB 527. By Mr. King of the 86th:
A Bill to amend Code Chapter 84-3, relating to examination and registration of architects, so as to change the provisions relating to fees for examination and certificates; and for other purposes.

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

HB 437. By Messrs. Scarborough, Bennett and Brown of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill 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.

The President has appointed on the part of the Senate the following Senators: Hamilton of the 26th, Bateman of the 27th and Chapman of the 32nd.

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

HB 762. By Messrs. Keyton and Russell of the 70th and others: A Bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sales of tangible personal property to private non-profit hospitals from the taxes imposed by said Act; and for other purposes.
The President has appointed on the part of the Senate the following Sen ators: Herndon of the 10th, Webb of the llth and Abney of the 53rd.
The Senate has adopted the reports of the Committees of Conference on the following Bills of the House, to-wit:

2820

JOURNAL OF THE HOUSE,

HB 140. By Messrs. Moore of the 6th, Phillips of the 50th, Farrar of the 77th and Mauldin of the 12th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the cal culation 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 618. By Mr. Vaughn of the 74th:
A Bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for 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.

The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:

SB 110. By Senators McGill of the 24th, Kennedy of the 4th, McDuffie of the 19th and others:
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 tion 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"; to repeal conflicting laws; and for other purposes.
SB 112. By Senator Webb of the llth:
A Bill to amend Code Section 9-105, relating to appointment by the Su preme Court of five bar examiners, so as to provide for the appoint ment, qualifications, compensation, fees and expenses of such examiners and the fees for taking the State Bar examination; to repeal conflicting laws; and for other purposes.
SB 304. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to unify the governmental and corporate functions of the City Council of Augusta with the governmental and corporate functions of Richmond County; 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 Re tirement Fund Act", so as to remove the provision prohibiting trial judges and solicitors of inferior courts from practicing law while re ceiving retirement pay; and for other purposes.

THURSDAY, MARCH 11, 1971

2821

SB 248. By Senator Holloway of the 12th:
A Bill to amend an Act known as the "Georgia Water Quality Control Act", 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.

SB 215. By Senator Kidd of the 25th:
A Bill 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 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; and for other purposes.

SB 311. By Senator Reynolds of the 48th:
A Bill to amend an Act creating the offices of the Chairman and Treasurer of the State Highway Board, so as to authorize the Chairman of the State Highway Department to call meetings of committees of the Board established by Board policy; 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 public roads and highways in this State, so as to provide that any vehicle which has transported loads of matter, may, after depositing said load, return to its point of origin; and for other purposes.
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 68. By Senators Holloway of the 12th, Gillis of the 20th and Kidd 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.

2822

JOURNAL OP THE HOUSE,

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

SB 160. By Senators Plunkett of the 30th and Webb of the llth: A Resolution commending the Honorable James S. Peters; and for other purposes.
The Senate has agreed to the House substitutes to the following Bills of the Senate, to-wit:

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 hearings at any time or place within the judicial circuit; 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; and for other purposes.
SB 131. By Senators Holloway of the 12th and Gillis of the 20th:
A Bill to amend an Act known as the "Uniform Act Regulating Traf fic 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 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 as 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 Bureau; 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 29. By Mr. Northcutt of the 21st and others:
A Bill to create the Georgia State Board of Barbers; and for other purposes.

THURSDAY, MARCH 11, 1971

2823

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

SB 15. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend the 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; and for other purposes.
The Committee on State Planning and Community Affairs moves to amend SB 15 as follows:
By striking from the end of line 11 on page 2 the figure and symbol "4%" and inserting in lieu thereof the figure and symbol, "6%";
By striking from the end of line 21 of page 3 the figure and symbol "4%" and inserting in lieu thereof the figure and symbol, "6%";
By adding on line 13 page 2 after the word "credit.", the fol lowing sentence, "Provided, however, that such years of credit shall not be used to obtain pension benefits in any other pension system.";
And by adding on line 3, page 4, the following sentence: "Pro vided, however, that such years of credit shall not be used to ob tain pension benefits in any other pension system."

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 2.

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

SB 16. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an 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.

The following Committee amendment was read and adopted:

2824

JOURNAL OF THE HOUSE,

The Committee on State Planning and Community Affairs moves to amend SB 16 as follows:

By striking from line 14 on page 3 the figure and symbol "4%" and inserting in lieu thereof the figure and symbol "6%";

And by adding line 16, page 3, the following sentence: Pro vided, however, that such years of credit shall not be used to obtain pension benefits in any other pension system."

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 167. By Senator Ward of the 39th: A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta, as amended, so as to change the compensation of the Assistant Solicitors of the Criminal Courts of Fulton County; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend SB 167 as follows:
By striking from line 10 on page 1 the figure "$18,200.00" and inserting in lieu thereof the figure "$19,000.00";
And by striking from line 17 on page 1 the figure "$17,000.00" and inserting in lieu thereof the figure "$18,000.00".

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

THURSDAY, MARCH 11, 1971

2825

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 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 com pensation of the chairman and commissioners within certain limita tions; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend SB 274 as follows:
By deleting the figure "16,000.00", which appears in line 14 of page 1, and by inserting in lieu thereof the figure "13,000.00";
By striking Section 2 in its entirety and by inserting in lieu there of the following:
"Section 2. This Act shall become effective when approved by the Governor or when it otherwise becomes law."

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

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.
The report 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.

2826

JOURNAL OF THE HOUSE,

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.

The report 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 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.
The report 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 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, as amended, so as to strike the contents of Section 44 of said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 11, 1971

2827

SB 166. By Senator Ward of the 39th:
A Bill to be entitled an Act to amend an Act establishing the Criminal Courts of Atlanta, as amended, so as to change the compensa tion of the Solicitor General of the Criminal Court of Fulton County; and for other purposes.

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

SB 302. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pembroke, so as to change the procedure for the adop tion of ordinances by the said city; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

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, as amended, so as to provide for a levy of taxes on property located within such 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, as amended, the ayes were 115, nays 2.

The Bill, having received the requisite constitutional majority, was passed.
SB 265. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, as amended, so as to change the compensation of the mayor; and for other purposes.

2828

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

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 Falls, so as to provide for two-year terms for 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 296. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act, so as to remove the pro vision which authorizes elected county officials to employ personnel whose names do not appear on the register maintained by the Clayton County Civil Service System; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

SB 299. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act, so as to provide a pension plan for employees of the City of Riverdale; and for other purposes.

THURSDAY, MARCH 11, 1971

2829

The report 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 298. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act, so as to change the qualifications of the members of the Board of Commissioners of Clayton County; and for other purposes.
The following Committee amendments were read and adopted:
The Committee on State Planning and Community Affairs moves to amend Senate Bill No. 298 as follows:
By striking Section 13 in its entirety and inserting in lieu thereof a new Section 13, to read as follows:
"Section 13. Said Act is further amended by adding a new sec tion immediately following Section 20A, to be designated Section 20B, to read as follows:
'Section 20B. The Board of Commissioners is hereby autho rized to establish reasonable rules and regulations for a payroll deduction plan whereby any employee or official of Clayton County may make application in writing, that a portion of his salary be deducted and remitted to the entity designated by such applicant. This service shall in no way create any legal obligation or liability upon the Board of Commissioners, county or its employees. The cost of services rendered under this section shall be paid from county funds.'"

The Committee on State Planning and Community Affairs moves to amend SB 298 by striking Section (f), page 10, lines 28 through 31, in its entirety.

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.

2830

JOURNAL OF THE HOUSE,

SB 301. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the superior courts of the Mountain Judicial Circuit, as amended, so as to change the compensation of the court reporter; and for other purposes.

The report 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 314. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act, so as to change the cor porate limits of the Town of Forest 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.

SB 317. By Senator Spinks of the 9th:
A Bill to be entitled an Act to provide for new terms of office of the members of the Tift County Board of Education; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend Senate Bill 317 as follows:
By striking subsections (a) and (b) of Section 3 in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) At the general election held in November 1972, the three members of said Board of Education from Education District 3,

THURSDAY, MARCH 11, 1971

2831

5 and 7 shall be elected for terms of 6 years and until their suc cessors are elected and qualified. All such members shall take office on the first day of January immediately following their election.

(b) At the general election held in November 1974, the four members of said Board of Education from Education Districts 1, 2, 4 and 6 shall be elected for terms as hereinafter provided. The members from Education Districts 1 and 6 shall be elected for terms of 6 years and until their successors are elected and qualified. The members from Education Districts 2 and 4 shall be elected for initial terms of 2 years and until their successors are elected and qualified. All such members shall take office on the first day of January immediately following their election."

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.

Mr. Lambert of the 25th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

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.

The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to SB 84.

Mr. Levitas of the 77th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 289. 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 Public Assistance Act of 1965", so as to provide that hearings and judi cial review of final decisions by the Department of Family and Children Services shall be conducted with the applicable provisions of the Georgia Administrative Procedure Act; and for other purposes.

2832

JOURNAL OF THE HOUSE,

The motion prevailed and the House reconsidered its action in giving the requisite constitutional majority to SB 289.

The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

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 of this State having a population of not less than 6,825 and not more than 6,925; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a Small Claims Court in certain counties, approved March 10, 1966 (Ga. Laws 1966, p. 3372), so as to change the population figures and census contained therein; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act creating a Small Claims Court in certain coun ties, approved March 10, 1966 (Ga. Laws 1966, p. 3372), is hereby amended by striking from Section 1 the following:
"having a population of not less than 6,825 and not more than 6,925, according to the U. S. Decennial Census of I960,",
and substituting in lieu thereof the following:
"having a population of not less than 6,100 and not more than 6,400 according to the U. S. decennial census of 1970".
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. Milford of the 12th moved that the House agree to the Senate substitute.
On the motion, the ayes were 105, nays 0.

THURSDAY, MARCH 11, 1971

2833

The motion prevailed and the Senate substitute to HB 1006 was agreed to.

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.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 947 as follows:
By striking from the title on lines 4 and 5 of page 1 the following:
"to provide that the maximum salary that may be paid the City Manager be raised;",
and inserting in lieu thereof the following:
"to change the qualifications of the City Manager;";
and by striking from Section 3 on line 18 of page 2 the following:
"twenty-five thousand dollars ($25,000.00)", and inserting in lieu thereof the following:
"seventeen thousand five hundred dollars ($17,500.00)".

Mr. Bostick of the 63rd 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 947 was agreed to.

HB 329. By Messrs. Alexander of the 108th, Daugherty of the 109th and others:
A Bill to be entitled an Act to amend 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; and for other purposes.

2834

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

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 I, of Section VII, of Article VI of the Constitution of the State of Georgia, ratified October 2, 1912, 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 in certain cities and the establish ment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of the constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes.", approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, so as to provide that any other provisions of this Act to the contrary notwithstanding, in all cases in such court the defendant shall serve and file his answer within 30 days after the service of the summons and complaint upon him; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph I, of Section VII, of Article VI of the Constitution of the State of Georgia, ratified October 2, 1912, 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 in certain cities and the establishment in lieu thereof such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the ap pointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of the constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes.", approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, is hereby amended by adding at the end of Section 19A a new subsection to be designated subsection (c) and to read as follows:

"(c) Any other provisions of this Act to the contrary notwith-

THURSDAY, MARCH 11, 1971

2835

standing, in all cases in such court the defendant shall serve and file his answer within 30 days after the service of the summons
and complaint upon him."

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

Mr. Alexander of the 108th 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.
Alien Barfield
Bell Bennett, J. T. Bennett, Tom
Berry Black Blackshear Bond Bostick Brantley, H. H.
Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.
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 Evans Ezzard
Farrar Felton
Floyd, L. R. Fraser
Gary Gaynor
Geisinger Grahl
Granade Grantham
Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison
Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell

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

2836
Morgan Moyer Mulherin Mullinax Northcutt Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole

JOURNAL OP THE HOUSE,

Potts Rainey Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Sorrells

Stephens Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Wilson Wood

Those not voting were Messrs.:

Atherton Battle Bohannon
Bowen Buck
Burruss Colwell Dailey Dean, J. E.
Drury Edwards Egan

Floyd, J. H. Gignilliat Hadaway Hood Isenberg
Jordan Lane, W. J. Levitas Moore Murphy Nessmith Noble

Patterson Pickard
Reaves Russell, A. B.
Shepherd Smith, V. T. Snow
Strickland Thomason Wheeler, Bobby Williams Mr. Speaker

On the motion, the ayes were 159, nays 0. The motion prevailed and the Senate substitute to HB 329 was agreed to.

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 Senate amendment was read:
The Senate Committee on Public Utilities and Transportation moves to amend HB 735 as follows:

THURSDAY, MARCH 11, 1971

2837

By striking from Lines 20 and 21, on Page 3, the following:

"of inspection with at least 6 months time remaining".

Mr. Smith of the 39th 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, John Adams, Marvin Black Chance Chandler Connell Dorminy Gaynor Grahl Ham Harrington Harris

Jessup Jones, Herb
Keyton Knowles Marcus Matthews, C. Mauldin Maxwell
Merritt Miles Milford

Moyer Nvmn
Oxford Pinkston Poole Sherman
Sims Smith, J. R.
Toles Triplett Turner

Those voting in the negative were Messrs.

Adams, G. D. Alexander, W. H. Alexander, W. M.
Atherton Bell Bennett, Tom Blackshear Bohannon Bond Bostick Bowen Brantley, H. H.
Bray Brown, B. D.
Brown, C. Brown, S. P. Burruss
Busbee Carter Chappell Cheeks Clements
Cole Collier Collins, S. Colwell
Coney, G. D. Coney, J. L.

Conger Daugherty
Davis, E. T. Davis, W. Dean, Gib Dean, J. E.
Dent Dixon Evans Ezzard
Farrar Felton Floyd, L. R. Fraser Geisinger Granade Grantham
Griffin Hadaway Hamilton
Harrison
Hawes Hays Hill, B. L. Hood Horton Housley Howard

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jones, J. R. Jordan
King Knight Kreeger Lane, Dick
Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Lewis Logan Longino Lowrey Mason McDaniell McDonald
Melton Miller
Morgan Mulherin
Mullinax Noble
Patterson

2838
Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Reaves Ross Russell, H. P. Russell, W. B.

JOURNAL OF THE HOUSE,

Salem Savage Scarborough Shanahan Shepherd Smith, H. R. Snow Stephens Strickland Sweat

Townsend Wamble Ware
Westlake Wheeler, Bobby Williams Wilson Wood

Those not voting were Messrs. :

Alien Barfield Battle Bennett, J. T. Berry Brantley, H. L. Buck Carr Collins, M. Cook Dailey Dean, N. Drury Edwards Egan Floyd, J. H. Gary

Gignilliat Greer Gunter Hill, G. Howell Johnson Lambert Lane, W. J.
Lee, W. J. (Bill) Levitas Matthews, D. R. McCracken Moore Murphy Nessmith Northcutt Odom

Patten Pickard Rainey
Roach Rush Russell, A. B. Smith, V. T. Sorrells
Thomason Thompson Tripp
Vaughn Wheeler, J. A. Whitmire Mr. Speaker

On the motion, the ayes were 34, nays 112.
The motion was lost and the House disagreed to the Senate amendment to HB 735.
HB 529. By Mr. Hudson of the 28th: A Bill to be entitled an Act to amend an Act, so as to change the maximum ad valorem tax rate in the City of Sparta; and for other pur poses.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 529 by striking from Section 1, line 12, the following:
"$2.00",
and inserting in lieu thereof the following: "$1.50",

THURSDAY, MARCH 11, 1971

2839

and by striking from Section 1, Line 22, the following: o on"
tp^.UU ,

and inserting in lieu thereof the following: "$1.50".

Mr. Hudson of the 28th 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 529 was agreed to.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 762. By Messrs. Keyton and Russell of the 70th and others:
A Bill to be entitled an Act to amend the Georgia Retailers' and Con sumers' Sales and Use Tax Act, so as to exempt sales of tangible per sonal property to private nonprofit hospitals; and for other purposes.

The following report of the Committee of Conference was read:

Mr. President:

Mr. Speaker:

Your Conference Committee on HB 762 has met and recommends the following:

That the Senate and House both recede from their respective posi tions and that the Senate amendment to HB 762, as amended by the at tached Conference Committee amendment thereto, be adopted.

Respectfully submitted,

FOR THE HOUSE:

FOR THE SENATE:

/s/ James W. Keyton Representative, 70th District

/s/ Julian Webb Senator, llth District

/s/ Quimby Melton, Jr. Representative, 32nd District

/s/ Michael N. Herndon Senator, 10th District

/s/ Burton M. Wamble Representative, 69th District

/s/ Billy Shaw Abney Senator, 53rd District

2840

JOURNAL OF THE HOUSE,

The Conference Committee on HB 762 moves to amend the Senate Amendment to HB 762 by striking the same in its entirety and inserting in lieu thereof the following:

(1) By striking from the title thereof the words "to private, non profit hospitals" and inserting in lieu thereof the words "and services to nonprofit licensed nursing homes and nonprofit general and mental hospitals.".

(2) By striking from Section 1 thereof on lines 13 and 14 on page 1 the following:

"(d.l) Sales of tangible personal property to private, nonprofit hospitals.",
and inserting in lieu thereof the following:

" (d.l) sales of tangible personal property and services to a non profit licensed nursing home or a nonprofit general or mental hos pital used exclusively by such nursing home or hospital in perform ing a general nursing home, hospital or mental treatment function in this State, provided such licensed nursing home or hospital oper ates under a nonprofit charter approved by the Internal Revenue Service of the United States Government and obtains a certificate of exemption from the State Revenue Commissioner."

Mr. Keyton of the 70th moved that the report of the Committee on Con ference be adopted.
On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. M. 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. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Conger

Connell Cook Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dorminy Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger

Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. 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.

THURSDAY, MARCH 11, 1971

2841

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt
Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L.

Pinkston
Poole Potts Reaves Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.
Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Sorrells Stephens Sweat Toles Townsend Triplett Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.

Colwell

Ham

Phillips, W. R.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Alien Bohannon Buck Collins, M. Dailey Daugherty Dean, Gib Dixon Drury Edwards Floyd, J. H.

Gunter Hill, G. Hood Isenberg Leggett Mason Matthews, D. R. McDonald Moore Murphy Patten Phillips, G. S. Pickard

Rainey Roach Smith, J. R. Smith, V. T.
Snow Strickland Thomason Thompson Tripp Wheeler, Bobby
Mr. Speaker

2842

JOURNAL OF THE HOUSE,

On the motion, the ayes were 155, nays 3.

The report of the Committee of Conference on HB 762 was adopted.

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

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, as amended, so as to change the time of retirement of certain persons in the Uniform Division of the Depart ment of Public Safety; and for other purposes.
The following amendment was read and adopted:
Mr. Adams of the 9th moves to amend SB 4 by inserting on page 3, line 30 after the word "trooper" the words "or who is in service as an officer or agent of the Georgia Bureau of Investigation," and by chang ing the title accordingly.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield
Bennett, J. T. Berry Black Blackshear Bond Bostick Bowen
Brantley, H. L. Bray
Brown, B. D.

Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chance
Chappell Cheeks Clements Cole Coney, G. D. Conger Connell
Cook Daugherty
Davis, E. T.

Dean, Gib Dean, J. E. Dent Dixon Dorminy Drury Ezzard
Gary Gaynor Grahl Granade Greer Ham Harrison
Hawes Horton
Housley

Howard Howell Hutchinson Jessup Jones, Herb Keyton Knight Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Maxwell McCracken McDaniell

THURSDAY, MARCH 11, 1971

2843

Melton Merritt Miles Miller Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts

Reaves Roach Russell, A. B. Russell, H. P.
Salem Savage Shepherd Sherman Sims Smith, H. R. Strickland Sweat Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.

Bell Bennett, Tom Bohannon Chandler Collins, S. Colwell Dean, N. Geisinger Grantham

Harrington Hays Hudson, Ted Jones, J. R. King Lane, Dick Larsen, G. K. Lee, W. S. Leggett

Mauldin Milford Phillips, W. R. Ross Scarborough Stephens Williams Wood

Those not voting were Messrs.:

Alexander, W. M. Battle Brantley, H. H. Carr Collier Collins, M. Coney, J. L. Dailey Davis, W. Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gignilliat Griffin

Gunter Hadaway Hamilton Harris Hill, B. L. Hill, G. Hood Hudson, C. M. Isenberg Johnson Jordan Lambert Larsen, W. W. Le vitas Matthews, D. R. McDonald Moore Murphy Noble

Odom Peters Rainey Rush Russell, W. B. Shanahan Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson Townsend Wamble Westlake Whitmire Mr. Speaker

2844

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 114, nays 26.

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

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 jail officials, sentencing judges,, the State Board of Corrections, and wardens to arrange for temporary transfer of certain prisoners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. M. Bray Brown, S. P. Busbee Coney, J. L. Connell Dean, J. E. Dent Dixon Egan Farrar Fraser Gary

Geisinger Gunter Ham Hamilton Housley Howard Jones, J. R. Jordan
Knight Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino

Maxwell McDaniell Melton Merritt Northcutt Russell, W. B.
Savage Sherman Sorrells Stephens Sweat Townsend Wilson

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alien Atherton Barfield Bell
Bennett, J. T. Bennett, Tom
Black Bohannon

Bostick Bowen Brantley, H. L. Brown, C. Carter Chance Chandler Chappell Cheeks Clements

Cole Collins, S. Colwell
Conger Cook Dean, Gib Dean, N. Dorminy Evans Felton

Ployd, J. N. Gaynor Gignilliat Grahl Granade Grantham Griffin Hadaway Harrington Harris Harrison Hays Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Keyton King Knowles Kreeger Lane, W. J. Larsen, G. K.

THURSDAY, MARCH 11, 1971

2845

Larsen, W. W. Leggett Lewis Lowrey Marcus Matthews, D. R. Mauldin McCracken McDonald Miles Milford Miller Morgan Moyer Mulherin Mullinax Noble Nunn Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L.

Poole Potts Roach Ross Rush Russell, H. P. Salem Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Snow Thompson Toles Triplett Tripp Turner Westlake Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Alexander, W. H. Battle Berry Blackshear Bond Brantley, H. H. Brown, B. D. Buck
Burruss
Carr
Collier
Collins, M.
Coney, G. D.
Dailey
Daugherty
Davis, E. T.
Davis, W.
Drury

Edwards Ezzard Floyd, L. R. Greer Hawes Hill, B. L. Hill, G. Hood
Horton
Howell
Jones, Herb
Lambert
Logan
Mason
Matthews, C.
Moore
Murphy
Nessmith

Odom Pearce Phillips, W. R. Pickard Pinkston Rainey Reaves Russell, A. B.
Smith, V. T.
Strickland
Thomason
Vaughn
Wamble
Ware
Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, the ayes were 41, nays 102.

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

2846

JOURNAL OF THE HOUSE,

Mr. Davis of the 86th stated that he had been called from the floor of the "Hnoauys"e. when the roll was called on SB 92, and wished to be recorded as voting-

Mr. Levitas of the 77th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional ma jority to SB 92.
SB 102. By Senator Rowan of the 8th:
A Bill to be entitled an Act to establish the Georgia Firefighter Stand ards and Training Council; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to establish the Georgia Firefighter Standards and Training Council; to provide for its membership; to provide for the manner in which it shall conduct its business; to prescribe that the Council members shall receive no salary; to provide for a short title; to define certain terms; to prescribe the powers and functions of the Council; to provide for administration of the policies and programs established by the Council; to establish minimum firefighter preemployment standards; to establish minimum firefighter basic training standards; to provide procedures connected therewith; to provide for the application of the provisions of this Act; to except certain firefighters; to provide for future training, to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. This Act shall be known as, and may be cited as, the "Georgia Firefighter Standards and Training Act".
Section 2. As used in this Act, unless the context otherwise re quires :
(a) "Candidate" means a prospective firefighter, who has not yet been certified by the Council as having met the requirements of this Act.
(b) "Council" means Georgia Firefighter Standards and Train ing Council.
(c) "Firefighter" means any person who is employed as a professional firefighter on a full time basis of at least 40 hours per week by any municipal, county, or state government fire de partment employing three or more firefighters and who has the

THURSDAY, MARCH 11, 1971

2847

responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and State fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires.

Section 3. The Georgia Firefig-hter Standards and Training Coun cil is hereby established. The Council shall consist of seven voting mem bers and three advisory members and shall be composed as follows:

(a) The President of the Association County Commissioners of Georgia or his designated representative, the President of the Geor gia Municipal Association, Inc. or his designated representative, the Georgia Safety Fire Commissioner or his designated representative, the President of the Georgia Association of Fire Chiefs or his desig nated representative, the President of the Georgia State Firemen's Association or his designated representative, the President of the Georgia City and County Management Association or his designated representative and the Chairman of the Training Committee of the Georgia State Firemen's Association.

(b) The director of the Georgia Fire Institute or his designated representative; the director of the Division of the Vocational Edu cation of the State Department of Education or his designated representative; and one member from the Southeastern Under writers Association, shall serve on the Council in an advisory ca pacity only, without voting privileges.

Section 4. (a) Membership on the council does not constitute public office and no member shall be disqualified from holding pub lic office by reason of his membership.

(b) The policies and programs of the Council shall be ad ministered by the Georgia Fire Institute. The Council's staff, clerical and technical assistants and other personnel, supplies, material, equipment, and other articles necessary for the purposes of this Act, shall be provided by the Georgia Fire Institute. The funds necessary to carry out the provisions of this Act shall come from the funds appropriated to and available to the Georgia Fire Institute, and from any other available funds. The Council is hereby authorized to accept and use gifts, grants and donations for the purpose of carrying out the provisions of this Act. The Council is also au thorized to accept and use property, both real and personal, and services, for the purpose of carrying out the provisions of this Act.

Section 5. The business of the Council shall be conducted in the following manner:

(a) If any of the voting members of the Council choose to designate a person to serve, such designation shall be made within 60 days after the effective date of this Act. Within 30 days after such designations have been made the Council shall hold its first meeting and elect a chairman and other officers to serve for a term of one year.

2848

JOURNAL OF THE HOUSE,

(b) The Council shall hold at least two regular meetings each year at the call of the chairman or upon the written request of four voting members of the Council. Four voting members of the Council shall constitute a quorum.

(c) The Council shall make an annual report of its activities to the Governor and to the General Assembly, and include in such report its recommendations for appropriate legislation.

Section 6. The Council is vested with the following functions and powers:

(a) To promulgate rules and regulations for the administra tion of the Council.

(b) To provide rules of procedure for its internal management and control.

(c) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this part.

(d) To establish uniform minimum standards for the employ ment and training of firefighters, including qualifications and requirements as may be established by the Council, which are con sistent with this Act.

(e) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or firefighters.

(f) To approve institutions and facilities for school operation by or for employing agency for the specific purpose of training firefighters and firefighter recruits.

(g) To make or support studies on any aspect of firefighting education and training or recruitment.
(h) To make recommendations concerning any matter within its purview.
(i) To establish a recruit firefighter training program ad ministered by such agencies and institutions as it approves and shall issue or authorize the issuance of certificate of completion to any person satisfactorily completing the training program.
(j) To issue a certificate of compliance to any person satis factorily complying with this training program established, and the qualifications for employment covered in this Act.
(k) To issue at its discretion a certificate to any person who has received training in another state when the Council has deter mined that such training was at least equivalent to that required by

THURSDAY, MARCH 11, 1971

2849

the Council for approved firefighter education and training pro grams in this State when such person has satisfactorily complied with all other requirements of this part.
Section 7. After the effective date of this Act, any person employed or certified as a firefighter shall:
(a) Be at least 18 years of age.
(b) Be a high school graduate or the equivalent, subject to the approval by the Council.
(c) Not have been convicted of a felony within 10 years prior to employment.
(d) Have a good moral character as determined by investiga tion under procedure approved by the Council.

(e) Be in good physical condition as determined by a medical examination as approved by the Council.

Section 8. In addition to complying with the pre-employment stand ards as set forth in Section 9, each and every candidate within 12 months after being appointed as a full-time paid member of any fire department or fire division of any department of public safety which employs three or more firemen shall specifically complete at least a basic training course of 120 hours of instruction. The Council shall determine the courses, the number of hours per course, and all matters relative to the basic training course. Upon satisfactory completion of the course, a firefighter shall receive a certificate from the Council evidencing his satis factory completion of the minimum standards of the training program.

Section 9. The provisions of this Act shall be only the minimum qualification standards in training requirements for firefighters in this State, and do not restrict any employing agency from setting and estab lishing requirements that exceed these minimum standards.

Section 10. None of the provisions of this Act shall apply to firefighters presently employed on the effective date of this Act, and such firefighters are not required to meet the provisions of Section 9 or Sec tion 10 of this Act as a condition of tenure or continued employment; nor shall their failure to fulfill such requirements make them ineligible for any promotional examination for which they are otherwise eligible, or affect in any way any pension rights to which they are otherwise eligible, or affect in any way pension rights to which they may be en titled on the effective date of this Act.

Section 11. All firefighters shall as a condition of tenure or con tinued employment train, drill, or study at least 120 clock hours in each calendar year at schools, classes, or courses at the local, area, or State level as provided by the Council. Authorized leaves of absence are ex pected.

2850

JOURNAL OF THE HOUSE,

Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, 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 declared or adjudged invalid or unconstitutional were
not originally a part thereof.

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted:
Mr. McDonald of the 15th moves to amend the Committee substitute to SB 102, p. 5, lines 22 and 23, strike sub-section (b) in its entirety and reletter accordingly;
p. 6, line 20, change "9" to "7" and change "10" to "8"; and p. 6, line 27, after "Act" add:
"Provided, further, that the Council shall have the authority to investigate qualifications of and in its discretion to issue certifi cates to those previously trained firefighters employed on the ef fective date of this Act."

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 Alexander, W. H. Alien Atherton Barfield 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. Burruss Busbee Carter Chance Chandler Cheeks Clements Cole

Collins, M. Collins, S. Colwell Coney, G. D. Collier Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dent Dixon

Dorminy Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Grahl Granada Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R.

THURSDAY, MARCH 11, 1971

2851

Keyton King 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 Morgan Moyer Mulherin Mullinax
Nessmith Northcutt Odom Oxford Patterson Patten Pearce

Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross
Rush Russell, H. P. Russell, W. B.
Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Sorrells Stephens Sweat Thompson Toles Tripp Turner
Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. N. Dean.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Battle Berry Bohannon Buck Carr Chappell Dailey Dean, Gib Dean, J. E. Drury Edwards Egan

Gignilliat Hill, B. G. Hood Isenberg Jordan Knight Lambert Leggett Lowrey Mason McCracken Moore Murphy Noble

Nunn Phillips, W. R. Pickard Russell, A. B. Shepherd Smith, J. R. Smith, V. T. Snow Strickland Thomason Townsend Triplett Wheeler, Bobby Mr. Speaker

2852

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 1.

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

SB 104. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 24-2727, so as to abolish fees of the clerks of the superior courts relative to proceedings to forfeit a charter; and for other purposes.

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 Bell Bennett, J. T. Berry Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee 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, Gib Dean, N. Dent Dixon Dorminy Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. B. Fraser Gary Gaynor Geisinger Gignilliat Grahl 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

THURSDAY, MARCH 11, 1971

2853

Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Marcus Mason Mauldin McCracken McDaniell McDonald Melton Merritt Miles Milford Miller

Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross

Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Sorrells Stephens
Sweat Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Williams Wilson

Those not voting were Messrs.:

Battle Bennett, Tom Black Blackshear Buck Carr Collins, M. Colwell D ailey Dean, J. E. Drury Edwards Egan Greer Hood

Howell Lambert Levitas Logan Matthews, C. Matthews, D. R. Maxwell Moore Murphy Odom Pickard Reaves Rush Russell, A. B. Russell, W. B.

Scarborough Smith, J. R. Smith, V. T. Snow Strickland Thomason Thompson Townsend Wheeler, Bobby Wheeler, J. A. Whitmire Wood Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 0.

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

SR 113. By Senators Zipperer of the 3rd, Carter of the 14th and Starr of the 44th:
A Resolution creating the Education Coordination Study Committee; and for other purposes.

2854

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 107, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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.

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

On the adoption of the Resolution, the ayes were 111, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

SR 60. By Senators Coggin of the 35th and Fatten of the 40th: A Resolution relative to ad valorem property taxes in Fulton County; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 109, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
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 appointment of guardians, 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.

THURSDAY, MARCH 11, 1971

2855

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, Tom Berry Bohannon Bostick Bowen Brantley, H. H. Bray 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 Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Evans Ezzard Felton

Floyd, L. R. Praser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, G. 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. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan

Longino Lowrey 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. Pinkston Poole Potts
Rainey Reaves Roach Ross Rush Russell, H. P. Salem Savage Shanahan Sherman Sims Smith, H. R. Smith, J. R.

2856
Smith; V. T. Sorrells Stephens Sweat Thompson Toles

JOURNAL OF THE HOUSE,

Triplett Tripp Turner
Vaughn Wamble Ware

Westlake Wheeler, J. A. Whitmire Wilson Wood

Those voting in the negative were Messrs.:

Bond Brown, B. D.

Hill, B. L.

Phillips, W. R.

Those not voting were Messrs.:

Adams, Marvin Bennett, J. T. Black Blackshear Brantley, H. L. Buck Colwell Cook
Dailey Daugherty Dean, J. E. Drury Edwards

Egan Farrar Floyd, J. H. Gaynor Hamilton Hood Isenberg Larsen, W. W.
Levitas Matthews, D. R. McCracken Murphy Nessmith

Phillips, G. S. Pickard Russell, A. B. Russell, W. B. Scarborough Shepherd Snow Strickland
Thomason Townsend Wheeler, Bobby Williams Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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.

Mr. Ware of the 30th asked unanimous consent that SB 162 be recommitted to the Committee on Defense and Veterans Affairs for further study.
The consent was granted and SB 162 was recommitted to the Committee on Defense and Veterans Affairs for further study.

SB 216. By Senators Walling of the 42nd and Coverdell of the 56th:
A Bill to be entitled an Act to amend Code Section 29-301, relating to covenants running with the land; and for other purposes.

THURSDAY, MARCH 11, 1971

2857

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. 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 Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N.

Dent Dixon Dorminy Egan Evans Ezzard Farrar Felton Floyd, L. R. 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 Jessup Johnson Jones, J. E. 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 Marcus Mason Matthews, C. Matthews, D. R. Maudin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves

2858
Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims

JOURNAL OF THE HOUSE,

Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Toles Townsend Triplett

Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood

Those not voting were Messrs.:

Blackshear
Brantley, H. L. Buck Colwell
Dailey Dean, J. E. Drury Edwards

Floyd, J. H.
Fraser Harrison Hood
Isenberg Jones, Herb Lane, W. J. Murphy

Nessmith
Pickard Russell, A. B. Shepherd
Snow Thompson Williams Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 260. By Senators Gillis of the 20th, Cox of the 21st 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.

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 Bond Bostick Bowen Brantley, H. H. Bray

Brown, C. Brown, S. P. 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, N. Dent Dorminy Drury Egan Evans Ezzard Farrar Felton Floyd, L. R.
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Granade
Grantham
Greer
Griffin
Gunter
Ham
Hamilton
Harrington
Harris
Harrison

THURSDAY, MARCH 11, 1971

2859

Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Kreeger Lambert Lane, Dick 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
Miles
Milford
Miller
Moore
Morgan
Moyer
Mulherin
Mullinax

Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Ross Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland
Toles
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Dean, Gib Dixon

Fraser Johnson

Phillips, W. R. Sweat

2860

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Blackshear Bohannon Brantley, H. L. Brown, B. D. Buck Collins, S. Colwell Dailey Dean, J. E. Edwards

Ployd, J. H. Hadaway Hill, B. L. Hood Hudson, C. M. Isenberg Knowles Lane, W. J. Larsen, W. W. Murphy Nessmith

Pickard Roach Russell, A. B. Scarborough Smith, J. R. Thomason Thompson Townsend Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 6.

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

SB 278. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act, relating to municipal an nexation, so as to prohibit annexation across county boundary lines; and for other purposes.

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 Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C.

Brown, S. P. Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty

Davis, W. Dean, N. Dent Dixon Dorminy Drury Egan Evans Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Grahl Grantham Greer

THURSDAY, MARCH 11, 1971

2861

Griffin Gunter Ham Harris Harrison Hawes Hays Hill, G. Horton Howard Howell Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight 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. B. Mauldin
Maxwell McCracken McDaniell McDonald Melton
Merritt Miles Milford Miller Moore Morgan
Moyer Mulherin Mullinax
Noble Northcutt Nunn Odom Oxford Patterson
Patten Pearce Peters
Phillips, G. S. Phillips, W. R. Pinkston Poole Potts

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

Those voting in the negative were Messrs.

Harrington Phillips, L. L.

Savage

Stephens

Those not voting were Messrs.:

Alexander, W. M. Atherton Barfield
Battle Bennett, J. T.
Brantley, H. L. Buck Burruss Collins, S. Colwell Dailey Davis, E. T.
Dean, Gib Dean, J. E.

Edwards Ezzard
Floyd, J. H. Gignilliat Granade Hadaway Hamilton Hill, B. L. Hood Housley Hudson, C. M. Isenberg King Knowles

Kreeger Lane, W. J. Mason Murphy
Nessmith Pickard Reaves Roach Russell, A. B. Snow Thompson Townsend
Mr. Speaker

2862

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 150, nays 4.

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

SB 75. By Senators Webb of the llth and Bateman of the 27th:
A Bill to be entitled an Act to amend an Act establishing the State Employees Retirement System, so as to change the minimum retirement benefit percentage rate as relates to the Department of Public Safety; and for other purposes.

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

Those voting in the affirmative 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 Bohannon Bond Bostick Bowen Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chandler Chappell
Cheeks Clements
Cole

Collins, M. Collins, S.
Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty
Davis, E. T. Davis, W. Dent
Drury Evans Farrar Felton
Floyd, L. R. Fraser Gary Gaynor
Geisinger Granade Grantham Greer Gunter Ham Hamilton Harrington
Harris Harrison Hawes

Hill, G.
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
Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis
Marcus Mason Matthews, D. R.

Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Noble Northcutt Nunn Odom

THURSDAY, MARCH 11, 1971

2863

Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Reaves Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough

Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. R. A. Griffin.

Those not voting were Messrs.:

Adams, John Battle Brantley, H. H. Brantley, H. L. Carter Chance Collier Colwell Dailey Dean, Gib Dean, J. E. Dean, N. Dixon Dorminy Edwards Egan

Ezzard Floyd, J. H. Gignilliat Grahl Hadaway Hill, B. G. Hood Johnson Knowles Lane, W. J. Logan Longino Lowrey Matthews, C. Murphy Nessmith

Patterson Phillips, W. R. Rainey Roach Shanahan
Sims Snow Strickland Sweat Thomason Thompson
Toles Townsend Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 1.

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

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

2864

JOURNAL OF THE HOUSE,

motor vehicle except upon law enforcement vehicles, or ambulances; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to prohibit the use of any other color except amber electric lamps or lights which, when lighted, display flashing or revolving light, upon any motor vehicle except upon motor vehicles be longing to any federal, State, county or municipal police or fire depart ment, or upon an ambulance or utility company vehicle; to provide ex ceptions; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. It shall be unlawful for any person, firm or corpora tion to use any other color except amber electric lamps or lights which, when lighted, display flashing or revolving light, upon any motor ve hicle, except upon motor vehicles belonging to any federal, State, county or municipal police or fire department, or upon an ambulance or utility company vehicle. This shall not be construed to apply to so-called "emer gency flashers" which, when activated, cause a motor vehicle's parking and brake lights to blink.
Section 2. Any person, firm or corporation having a proven need for equipping a vehicle with a flashing light shall obtain authorization for same by demonstrating the need for such a light, and by paying a fee for such permit. The Department of Public Safety shall administer the special use permits provided for herein, and shall set the fee, not to exceed $2.00 per vehicle. No permit shall be valid for more than one year.
Section 3. Any person, firm or corporation violating any provision of this Act shall be guilty of a misdemeanor and punished accordingly.
Section 4. This Act shall become effective on July 1, 1972.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

THURSDAY, MARCH 11, 1971

2865

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 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 Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Egan Evans
Ezzard
Farrar
Floyd, L. R.
Fraser

Gary Geisinger Grahl Granade Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Howell 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. Leggett Lewis Logan Longino 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 Patten Pearce Peters Phillips, G. S. Pinkston Poole Potts Rainey Roach Ross Rush Russell, H. P. Russell, W. B.
Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat
Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake
Wheeler, J. A.
Whitmire
Wilson
Wood

2866

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Battle Berry Blackshear Buck Colwell Dailey Dean, J. E. Drury Edwards Felton Floyd, J. H.

Gaynor Gignilliat Greer Hawes Hood Isenberg Keyton Levitas Matthews, D. R. Murphy Phillips, L. L.

Phillips, W. R. Pickard Reaves Russell, A. B. Shepherd Strickland Thomason Townsend Wheeler, Bobby Williams Mr. Speaker

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

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

The following Resolution of the House was taken up for the purpose of con sidering the Senate substitute thereto:

HR 264-825. By Messrs. Tooles, Adams and Lowrey of the 9th:
A Resolution proposing an amendment to the Constitution so as to provide for the recall of county officers of Floyd County; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the recall of the clerk of the superior court, coroner, ordinary, sheriff or tax commissioner of Floyd County or any member of the county board of education; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF 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 clerk of the superior court, coroner, ordinary, sheriff or tax commissioner of Floyd County or any member of the county board of education, shall be subject to recall at any time after his election upon petition in writing, signed by one hundred (100) or

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more qualified registered voters of Floyd County. The petition for such recall election must be signed by not less than 25% of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person sign ing such petition must sign the same in the office of the Ordinary of Floyd County, and it must be signed in the presence of the Ordi nary or of an employee of the Ordinary. The persons sponsoring such petition shall address such petition to the Ordinary, petitioning him to call for a special election to submit the question of whether any such county officer shall be recalled. The Ordinary shall allow such persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such persons must notify the Ordinary when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the Ordinary more than 90 days after it is first placed in the Ordi nary's office for the purpose of obtaining signatures thereon. Any petition presented after such 90 day period shall be void and of no force and effect. It shall then be the duty of the Ordinary to deter mine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. The Ordinary must make his decision on the sufficiency of the petition within 15 days after the same if formally presented to him. In the event he deter mines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 30 nor more than 60 days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the words 'For recall of (name of officeholder) (name of office)' and 'Against recall of (name of officeholder) (name of office).' The Ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such recall election, and the officer so removed shall not be eligible to reeleetion or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the officer shall retain his office. Vacancies created by a re call election shall be filled in the same manner as provided by law for the filling of other vacancies. In the event a recall election re sults in a majority of votes against recall, no additional recall elec tion against the same officer shall be held for at least two years."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to provide for the recall of the clerk of the superior court,

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NO ( ) coroner, ordinary, sheriff or tax commissioner of Floyd County or any member of the county board of education?"

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

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

Mr. Toles of the 9th moved that the House agree to the Senate substitute.

On the motion, the ayes were 140, nays 0.

The motion prevailed and the Senate substitute to HR 264-825 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 983. By Messrs. Kreeger, Atherton, Wilson, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act so as to extend the corpo rate limits of the City of Marietta; and for other purposes.

Mr. Atherton of the 117th moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be ap pointed on the part of the 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. Atherton, McDaniell and Wilson of the 117th.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

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2869

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; and for other purposes.

An amendment, offered by Mr. Harrison, of the 58th was read and ruled not germane.

An amendment, offered by Mr. Johnson of the 29th, was read and withdrawn. The following amendment was read:

Mr. Murphy of the 19th moves to amend SB 224 by striking Section 1 in its entirety and inserting in lieu thereof the following Section 1:
"Section 1. Any other provision of law to the contrary not withstanding, the minimum annual salary of each sheriff in the State of Georgia shall be not less than $7,000.00."
On the adoption of the amendment, the ayes were 62, nays 68.
The amendment was lost.
An amendment by Mr. McDonald of the 15th, was read and lost.
The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend SB 224 by striking Section 3 in its entirety and substituting the following in lieu thereof:
"All provisions of any local legislation now in effect or here after enacted affecting compensation for sheriffs of the various counties shall be of full force and effect except where the same provides for a salary lower than provided herein which event the provisions of this Act shall prevail."
An amendment, offered by Mr. Larsen of the 42nd, was read and withdrawn.
The following amendment was read and adopted:
Mr. Chappell of the 42nd moves to amend SB 224 by deleting the word "beginning" from line 6, page 2, and substituting in lieu thereof the word "end" and by adding a proviso after the word "service" on line 7, page 2, as follows:

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JOURNAL OF THE HOUSE,
"provided that such increase per term shall not have retroactive effect, i.e., the increase per term herein provided shall not apply as to any term completed prior to the effective date of this Act."

An amendment, offered by Mr. Egan of the 116th, was read and withdrawn.

An amendment, offered by Messrs. Davis and Westlake of the 75th, was read and lost.

The following amendment was read:
Mr. Bell of the 73rd moves to amend SB 224 by renumbering Sec tion 4 as Section 5 and by inserting a new Section 4 to read as follows:
"Section 4. Any increase in pay resulting from the provisions of this Act shall not be effective with respect to any sheriff during his current term of office."

On the adoption of the amendment, the ayes were 103, nays 30.

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 ayes were 119, nays 27.

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

Mr. Murphy of the 19th served notice that at the proper time he would move that the House reconsider its action in passing SB 224.

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:

THURSDAY, MARCH 11, 1971

2871

HB 330. By Mrs. Hamilton of the 112th, Mr. Egan of the 116th and others:
A Bill to create the City of Atlanta Charter Commission; to provide for the membership of said Commission; and for other purposes.

HB 335. By Mr. Grahl of the 40th:
A Bill 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.

HB 991. By Mr. Harrison of the 58th: A Bill 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.
HB 1033. By Messrs. Edwards and Black of the 45th: A Bill to amend an Act placing the Sheriff of Taylor County on a salary basis in lieu of a fee basis of compensation, so as to change the compensation of the sheriff and the deputy sheriff; and for other pur poses.
HB 1034. By Messrs. Edwards and Black of the 45th: A Bill to abolish the present mode of compensating the Ordinary of Taylor County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1035. By Messrs. Edwards and Black of the 45th:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 1036. By Messrs. Edwards and Black of the 45th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

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

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JOURNAL OP THE HOUSE,

HB 918. By Mr. Harrison of the 58th:
A Bill 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 pur poses.

HB 1022. By Mr. Phillips of the 38th:
A Bill to amend an Act creating and incorporating the City of Shiloh, so as to change the corporate limits of said city; to change the term of office of the mayor and councilmen; and for other purposes.

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

HB 381. By Messrs. Kreeger, Howard, Housley, Atherton, McDaniell and Burruss of the 117th:
A Bill to add one additional judge of the Superior Court of Cobb Judi cial Circuit; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit;

HB 537. BMJyy Mr. -LT-li . Lane -LjailC of the IT-L U11G 1J.V0/1J.QstU:.
A Bill to amend an Act empowering cities, towns, and counties, sepa rately 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.

The Senate insists on its amendment to the following Bill of the House, to-wit:
HB 735. By Messrs. Smith of the 39th, Adams of the 100th and Jessup of the 49th: A Bill 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.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

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2873

HB 734. By Mr. Busbee of the 61st:
A Bill to amend an Act known as the "Employment Security Law", so as to provide for an extended benefits program; and for other purposes.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and submits the following supplement to the calendar already adopted this date, March 11, 1971, by adding the following: SB 84. Employees' Retirement System, Appellate Court Judges (Reconsidered). SB 164. Employment Agencies, Agent & Agency.
Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain of full force and effect.
Respectfully submitted, Lambert of the 25th Vice-Chairman
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments and substitute thereto:
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 busi ness and to license and regulate and control same; and for other pur poses.
The following Senate amendment was read:

Senator Smith of the 18th offers the following amendment:
Page 1, Line 9, Section 1 of HB 335, by adding after the words "said county," the following:
"outside the limits of any municipality,"
And by adding after the period on page 2, line 4, deleting the period and adding the following:
", excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission."

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JOURNAL OF THE HOUSE,

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 335 was agreed to.

HB 1022. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Shiloh, so as to change the corporate limits of said city; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating and incorporating the City of Shiloh, in Harris County, Georgia, and granting a charter to that municipality, approved February 14, 1961 (Ga. Laws 1961, p. 2045), so as to change the corporate limits of said city; to change the term of office of the mayor and councilmen; to provide for initial and regular terms of the mayor and councilmen; to provide that a majority vote shall be required in all elections of the mayor and council; to pro vide for runoff elections; to provide for all matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED; BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating and incorporating the City of Shiloh, in Harris County, Georgia, and granting a charter to that municipality, approved February 14, 1961 (Ga. Laws 1961, p. 2045), 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. The boundaries or corporate limits of said City shall be and are defined as follows:
'All that territory and inhabitants thereof embraced and con tained within Land Lots No. 294, 283, 258, 247, 222 and Land Lot 257 except for 5 acres more or less belonging to A. H. Faulkner and containing a dwelling, and more particularly described as follows:
Beginning at an iron pin on the southerly edge of the right-ofway line of the Shiloh-Kings Gap Road; thence running South 8 degrees 00 minutes West to a distance of 510 feet, more or less, to an iron pin; thence running South 82 degrees 00 minutes East a

THURSDAY, MARCH 11, 1971

2875

distance of 510 feet, more or less, to an iron pin; thence running North 8 degrees 00 minutes East a distance of 510 feet to an iron pin on the southerly right-of-way of the Shiloh-Kings Gap Road; thence running along the southern edge of the Shiloh-Kings Gap Road in a generally westerly direction to the point of beginning; all James McDaniel's property lying in Land Lot 248 above High way 116 and East of Primitive Baptist Church; and that section of Land Lot 113 belonging to Henry A. Grant East of Highway 85W, containing a dwelling, more particularly described as follows:

Beginning at a point on the present East right-of-way line of Highway 85, said point being the south line of Land Lot No. 113, and continuing northward along the same for a distance of 358.6 feet to the point where the present South Bank of a small creek intersects the right-of-way of said highway, thence along the South Bank of said creek in a southeasterly direction for a distance of 367.2 feet to the point where the South Bank of said stream inter sects the south line of Land Lot 113, thence west along the south line of Land Lot 113 a distance of 118 feet. Being the lands belong ing to Henry A. Grant and containing two acres more or less and a residence.' "
Section 2. Said Act is further amended by inserting at the end of Section 5 the following:

"For the purpose of conducting elections for members of the council there are hereby four posts, to be numbered Post No. 1, Post No. 2, Post No. 3 and Post No. 4. At the municipal election to be held on the second Saturday in November, 1971, there shall be elected a mayor and four councilmen. The mayor and the councilmen elected to Post No. 2 and Post No. 4 shall serve for an initial term of office of two years and until their respective successors are duly elected and qualified. The councilmen elected to Post No. 1 and Post No. 3 shall be elected for an initial term of office of one year and until their respective successors are duly elected and qualified. Thereafter the term of office for the mayor and all members of the council shall be for two years and until their respective successors are duly elected and qualified. Any person qualifying for election to membership on the council shall specify, at the time he qualifies, the post for which he seeks election and shall seek election only to the post so specified. A majority vote shall be required for the elec tion of the mayor and each member of the council. In the event that a candidate for any particular office does not receive a majority vote, a runoff election shall be held under the same provisions and in the same manner as a special election is called and conducted under Section 10.",
so that, when so amended, Section 5 shall read as follows:
"Section 5. That on the second Saturday in November, 1961, and annually thereafter, on the same day in the same month, an election shall be held in said city for mayor and councilmen, said election to be held under such supervision, rules and regulations as the council may prescribe. For the purpose of conducting elections for members of the council there are hereby created four posts, to

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be numbered Post No. 1, Post No. 2, Post No. 3 and Post No. 4. At the municipal election to be held on the second Saturday in Novem ber, 1971, there shall be elected a mayor and four councilmen. The mayor and the councilmen elected to Post No. 2 and Post No. 4 shall serve for an initial term of office of two years and until their respective successors are duly elected and qualified. The councilmen elected to Post No. 1 and Post No. 3 shall be elected for an initial term of office of one year and until their successors are duly elected and qualified. Thereafter the term of office for the mayor and all members of the council shall be for two years and until their respec tive successors are duly elected and qualified. Any person qualifying for election to membership on the council shall specify at the time he qualifies the post for which he seeks election and shall seek elec tion only to the post so specified. A majority vote shall be required for the election of the mayor and each member of the council. In the event that a candidate for any particular office does not receive a majority vote a runoff election shall be held under the same provisions and in the same manner as a special election is called and conducted under Section 10."

Section 3. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwisebecomes law, it shall be the duty of the governing authority of the City of Shiloh 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 gover ning 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 Harris County. The ballot shall have written or printed thereon the words:

"YES ( ) Shall the Act changing the corporate limits of the City of Shiloh and changing the terms of office of
NO ( ) the mayor and councilmen and providing for a ma jority vote therefor be approved?' '

All persons desiring to vote in favor of the Act shall vote "Yes",, and those 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 Shiloh. It shall be the duty of the governingauthority to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern special elec tions, 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 their further duty to certify the result thereof to the Secretary of State.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Phillips of the 38th moved that the House agree to the Senate substitute.

THURSDAY, MARCH 11, 1971

2877

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1022 was agreed to.

HB 1033. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Taylor County on a salary basis in lieu of a fee basis of compensation, so as to change the compensation of the sheriff and the deputy sheriff; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 1033 as follows:
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. This Act shall become effective July 1,1971."

Mr. Black of the 45th 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 1033 was agreed to.

HB 1034. By Messrs. Edwards and Black of the 45th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Taylor County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 1034 as follows:
By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

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"Section 6. This Act shall become effective July 1,1971."

Mr. Black of the 45th 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 1034 was agreed to.

HB 1035. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 1035 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 July 1, 1971."

Mr. Black of the 45th 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 1035 was agreed to.

HB 1036. By Messrs. Edwards and Black of the 45th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The following Senate amendment was read:

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2879

The Senate Committee on County and Urban Affairs moves to amend HB 1036 as follows:

By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

"Section 6. This Act shall become effective July 1, 1971."

Mr. Black of the 45th 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 1036 was agreed to.

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 Resolutions of the Senate, to-wit:

SR 144. By Senators Rowan of the 8th, Kidd of the 25th, McGill of the 24th and others:
A Resolution designating the new occupational therapy facility at Central State Hospital as the "Wilson Bryant Wilkes Building;" and for other purposes.

SR 149. By Senator Walling of the 42nd: A Resolution creating the Atlanta Area Chattahoochee River Joint Study Committee; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 797. By Messrs. Westlake, Davis and Floyd of the 75th, Larsen of the 113th, Noble of the 73rd and others: A Bill to amend Code Section 61-302, relating to summons served on the defendants in proceedings against tenants holding over, as amended, so as to change the provisions relative to service of summons; and for other purposes.

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JOURNAL OF THE HOUSE,

The Speaker announced the House recessed until 2:15 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 adopted, by substitute, by the requisite constitutional ma jority the following Resolution of the House, to-wit:

HR 169-492. By Messrs. Lane of the 101st, Rainey of the 47th, Savage of the 104th and 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 qualifying for a homestead exemption of $4,000; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 360. By Messrs. Smith of the 3rd and Brown of the 32nd: A Bill to provide for the authentication and admissibility of medical records or copies thereof for use as evidence; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 93. By Senators Chapman of the 32nd, Henderson of the 33rd and others: A Resolution creating the Georgia Jail Standards Study Commission; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Joint Georgia Jail Standards Study Committee; and for other purposes.

THURSDAY, MARCH 11, 1971

2881

WHEREAS, some jails in Georgia do not provide round the clock supervision of prisoners, and, in the event of fire or other catastrophe at night or when any said jail is unattended, many or all of the prisoners therein could perish before help arrived; and

WHEREAS, in at least one other jail in Georgia, sexual relations were permitted to take place among prisoners; and

WHEREAS, reports of beatings of prisoners, starvation and other acts which constitute cruel and unusual punishment have been heard; and

WHEREAS, it is time for the General Assembly to be made aware of some of the goings on in many of Georgia's jails, and it is also time that something was done to remedy these failings.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Georgia Jail Standards Study Committee, to be composed of five mem bers of the Senate, to be chosen by the President thereof, and five mem bers of the House of Representatives, to be chosen by the Speaker. The Chairman of the Committee shall be elected by the Committee.

In addition, the legislative members shall appoint advisors from the following: University of Georgia Institute of Government, Georgia Committee of the National Council on Crime and Delinquency, Georgia State University Criminal Justice Program, State Planning Board, Association of County Commissioners, Georgia Municipal Association, Emory Law School, and the District Attorneys Association.

The Committee is authorized to do all things it deems to be neces sary to investigate and study the jails of Georgia for the purpose of discovering the failings thereof, to be corrected by appropriate legisla tion. To further its knowledge, the Commission may consult with experts and persons with practical knowledge of the subjects being pursued.

The Committee is authorized to visit jails and prisons in other States, upon approval of either presiding officer of the two Houses of the General Assembly.

The legislative and nonlegislative advisors of the Committee shall receive the expenses and allowances authorized to legislative members of interim study committees, but for no longer than twenty days, unless an extension is obtained from the presiding officers of both Houses.

The Committee shall prepare a report of its findings and shall submit same to the Secretary of the Senate 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.

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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. M. Alien Atherton Bell
Bennett, Tom Berry Black Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Egan Evans Farrar Floyd, L. R. Fraser Gary Gaynor Geisinger

Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, G. Housley Howard 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. 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 Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Patter son 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. Savage Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow
Stephens Strickland

Sweat Toles Triplett Tripp

THURSDAY, MARCH 11, 1971

2883

Turner Westlake Wheeler, Bobby Wheeler, J. A.

Whitmire Williams Wilson Wood

Voting in the negative was Mr. Sherman.

Those not voting were Messrs.:

Alexander, W. H. Barfield Battle Bennett, J. T. Blackshear Bohannon Bond Bostick Bowen Brown, B. D. Carter Collier Collins, M. Cook Dailey Daugherty

Dean, J. E. Dorminy Drury Edwards Ezzard Felton Floyd, J. H. Gignilliat Hamilton Hill, B. L. Hood Horton Isenberg Johnson Lewis Matthews, D. R.

Merritt Murphy Oxford Pickard Salem Scarborough Shepherd Sorrells Thomason Thompson Townsend Vaughn Wamble Ware Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 147, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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

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.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a charter for the City of Newton, approved August 20, 1906 (Ga. Laws 1906, p. 940), as amended, particularly by an Act approved March 7, 1955 (Ga. Laws

2884

JOURNAL OP THE HOUSE,
1955, p. 3228), so as to redefine the corporate limits; to change the date of election of the mayor and council of said city; to change the regular meeting place of the mayor and council; to change the regular meeting day of the mayor and council; to provide for filling vacancies; to change the range of compensation for the mayor and council; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a charter for the City of Newton, ap proved August 20, 1906 (Ga. Laws 1906, p. 940), as amended, particular ly by an Act approved March 7, 1955 (Ga. Laws 1955, p. 3228), is hereby amended by striking in its entirety Section 3 and substituting in lieu thereof the following:
"Section 3. The corporate boundaries of the City of Newton shall extend one mile in all directions from the center of the Baker County Courthouse in the form of a circle, except that said boundar ies shall not extend southward beyond the Mitchell County line which is the East bank of the Flint River."
Section 2. Said Act is further amended by striking Section 7 in its entirety and by inserting in lieu thereof a new Section 7, to read as follows:
"Section 7. (a) The municipal general election shall be held on the first Saturday in December of each year. The terms of office of the mayor and councilmen shall be for a period of two years and until their successors are duly elected and qualified. The terms of office of said mayor and councilmen shall commence on the Monday following their election.
(b) The regular meeting place of the mayor and councilmen shall be at City Hall in the City of Newton. The regular meeting time shall be on the first Tuesday in each month at eight o'clock, P.M.
(c) Before undertaking the duties of the office to which they have been elected the newly elected mayor and councilmen-elect shall meet at their regular meeting place in said city and then and there shall severally subscribe, before some person authorized to administer oaths, the following oath: 'I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Newton for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilmen be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter.
(d) In the event a vacancy shall occur in the office of mayor during the first year of a term of office, the councilmen shall elect a successor to serve until the next general election, at which time

THURSDAY, MARCH 11, 1971

2885

a successor shall be elected by the people to serve out the unexpired term of office. In the event a vacancy shall occur in the office of councilman during the first year of a term of office, the mayor and councilmen shall elect a successor to serve until the next general election, at which time a successor shall be elected by the people to serve out the unexpired term of office. Vacancies occurring at any other time shall be filled by the mayor and council selecting a suc cessor to serve out the remaining unexpired term of office and until a successor shall be duly elected and qualified."

Section 3. Said Act is further amended by striking from Section 20 the following:

"However, the salary of the mayor of said city shall not exceed the sum of one hundred dollars per year; the salary or compensa tion of the councilmen of said city shall not exceed the sum of one hundred dollars per year.",

and by inserting in lieu thereof the following:

"The compensation of the mayor and council of the City of Newton shall be fixed by said governing body but shall not be less than twenty-five dollars ($25.00) per month and not more than one hundred dollars ($100.00) per month provided that the mayor shall receive not less than twenty-five dollars ($25.00) above that of the regular council members."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 61st 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 933 was agreed to.

HB 797. By Messrs. Westlake, Davis and Floyd of the 75th, Larsen of the 113th, Noble of the 73rd and others:
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 Senate amendment was read:

2886

JOURNAL OF THE HOUSE,

The Senate Committee on Special Judiciary moves to amend HB 797 as follows:

On Page 3, Line 8, strike the words "Section 4 of this Act." and insert in lieu thereof the following:

"Code Section 61-304."

Mr. Westlake of the 75th 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. M. Alien Atherton Bell Bennett, Tom Black 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, S. Coney, G. D. Coney, J. L. Conger Connell Davis, E. T. Davis, W. ;Dean, Gib

Dean, N. Dent Dixon Egan Evans Floyd, L. R. Fraser Gary Gaynor Geisinger Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, G. 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. Leggett Lewis Logan Longino 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 Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach

THURSDAY, MARCH 11, 1971

2887

Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens

Sweat Toles Townsend Triplett Tripp Turner Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Sherman.

Those not voting were Messrs.:

Alexander, W. H. Barfield Battle Bennett, J. T. Berry Blackshear Bohannon Bond Brown, B. D. Collins, M. Colwell Cook Dailey Daugherty Dean, J. E. Dorminy

Drury Edwards Ezzard Farrar Felton Floyd, J. H. Gignilliat Hamilton Hill, B. L. Hood Horton Howell Isenberg Keyton Lambert Levitas

Matthews, D. R. Murphy Phillips, W. R. Pickard Russell, H. P. Shepherd Sorrells Strickland Thomason Thompson Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 149, nays 1.

The motion prevailed and the Senate amendment to HB 797 was agreed to.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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 of the General Assembly,

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JOURNAL OF THE HOUSE,

so as to change the designation of "Administration Floor Leader of the Senate" to "Majority Leader of the Senate"; and for other purposes.

The following amendments were read and adopted:
Mr. Buck of the 84th moves to amend SB 53 by striking Section 2 in its entirety.
Mr. Buck of the 84th moves to amend SB 53 by striking the follow ing words on lines 12 and 13, page 2:
"And the Administration Floor Leader of the Senate".

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 Battle Bell Bennett, Tom Black Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. 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, Gib Dean, N. Dent Dixon Dorminy Drury Egan Evans Ezaard Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat
Grahl Granade Grantham
Greer

Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Horton Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles 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 Miles Milford Moore Morgan Moyer Mulherin Mullinax

THURSDAY, MARCH 11, 1971

2889

Nessmith Noble Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S. Phillips, L. L. 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. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Vaughn Ware
Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Atherton Barfield Bennett, J. T. Berry Blackshear Bohannon Bond Buck Burruss Collins, M. Colwell Dailey Dean, J. E.

Edwards Farrar Floyd, J. H. Hamilton Hill, B. L. Hill, G. Hood Housley Isenberg Jordan Kreeger Longino Merritt Miller

Murphy Oxford Patten Phillips, W. R. Pickard Pinkston Reaves Smith, V. T. Sorrells Townsend Turner Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 154, nays 0.

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

2890

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Mr. Adams of the 9th moves to amend SB 105 by changing on page 4, line 28 "7 years" to "3 years".

Mr. Adams of the 9th moves to amend Senate Bill 105 as follows:

By striking subsection (g) of the material quoted as Section 24 A3503, beginning on line 14 of page 49, in its entirety, and inserting in lieu thereof the following:

"(g) (1) The name or picture of any child under the jurisdic tion of the court for the first time shall not be made public by any newspaper or radio station except as authorized by order of the court.

(2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm or corpora tion shall be guilty of any offense by making public the name or picture of any such child."

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 Battle Bell
Bennett, Tom Black Bohannon Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chandler

Cheeks Clements Cole Collier Collins, S. Coney, G. D. Coney, J. L. Conger
Connell Cook Davis, E. T. Davis, W. Dean, N.
Dent Dixon Dorminy Evans Farrar Floyd, L. R. Fraser Gary Geisinger Gignilliat

Grahl Granade Grantham Griffin Gunter Ham Harrington Harris
Harrison Hawes Hays Housley Howard
Hudson, Ted Hutchinson Jones, J. R. Jordan King Knight Knowles Kreeger Lane, Dick Lane, W. J.

THURSDAY, MARCH 11, 1971

2891

Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Morgan
Moyer
Mulherin Mullinax

Nessmith Northcutt Nunn Odom Oxford Patterson Pearce Peters Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd

Sherman Sims Smith, . R. Smith, J. R. Smith, V. T. Snow Stephens Sweat Thomason Thompson Toles Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Chappell Larsen, W. W.

Matthews, D. R. Phillips, L. L.

Phillips, W. R.

Those not voting were Messrs.:

Alexander, W. H. Barfield Bennett, J. T. Berry Blackshear Bond Brown, B. D. Buck Carter Collins, M. Colwell Dailey Daugherty Dean, Gib Dean, J. E. Drury Edwards Egan

Ezzard Felton Ployd, J. H. Gaynor Greer Hadaway Hamilton Hill, B. L. Hill, G. Hood Horton Howell Hudson, C. M. Isenberg Jessup Johnson Jones, Herb Keyton

Lambert Longino Mason McCracken McDonald Murphy Noble Patten Phillips, G. S. Pickard Russell, H. P. Sorrells Strickland Townsend Triplett Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 137, nays 5.

2892

JOURNAL OF THE HOUSE,

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

Messrs. Cheeks of the 78th and Smith of the 80th stated that they had inadvertently voted "aye" on the passage of SB 105, as amended, and had intended to vote "nay".

SB 303. By Senator Walling of the 42nd:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Environment Compact"; and for other purposes.

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 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. Buck Burruss Busbee Carter Chance Chappell

Cheeks Clements Cole Collier Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Evans Farrar Ployd, L. R. Fraser Gary Geisinger Gignilliat Grahl Grantham Greer Hadaway Ham Hamilton

Harrison

Hawes

Hays

Hill, B. L.

Hill, G.

Horton

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.

Leggett

Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Maxwell McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Northcutt

THURSDAY, MARCH 11, 1971

2893

Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims

Smith, H. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Ware Westlake Wheeler, J. A. Whitnu're Williams Wilson Wood

Those voting in the negative were Messrs.:

Collins, S.

Harrington

Mauldin

Those not voting were Messrs.:

Barfield Bell Berry Carr Chandler Collins, M. Colwell Coney, G. D. Conger ook Dailey Drury Edwards Egan Ezzard Pelton

Floyd, J. H. Gaynor Granade Griffin Gunter Harris Hood Howell Isenberg Keyton Longino Matthews, D. R. McCracken Milford Murphy Noble

Patten Phillips, G. S. Phillips, W. R. Pickard Ross Rush Russell, H. P. Savage Smith, J. R. Sorrells Townsend Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 145, nays 3.

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

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

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JOURNAL OF THE HOUSE,

HR 169-492. By Messrs. Lane of the 101st, Rainey of the 47th, Savage of the 104th and 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 qualifying for a homestead exemption of $4,000; and for other purposes.

The following Senate substitute was read:
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 of age or over qualifying for a homestead exemption of $4,000.00; to provide that a person 65 years of age or older, after having once received the additional home stead exemption now provided for such persons 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; 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 is hereby amended by striking therefrom the following paragraph:
"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 oc cupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insur ance 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 com missioner 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.

THURSDAY, MARCH 11, 1971

2895

of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. The General Assembly may provide by law for the proper ad ministration of this exemption including penalties necessary there
for. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1968.",

and substituting in lieu thereof the following paragraph:

"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 occu pied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such home stead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability benefits, 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 com missioner 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. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased 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:

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JOURNAL OP THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to provide that federal old-age, survivor or disability benefits
NO ( ) shall not be included in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00 and to provide 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 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?"

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.

Mr. Lane of the 101st 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. M. Alien Atherton Bell Bennett, Tom Black 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, S. Coney, G. D.
Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy
Drury Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger

Grahl Granade Grantham Greer Griffin Gunter Ham Harrington Harris Harrison
Hawes Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan King

THURSDAY, MARCH 11, 1971

2897

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. 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. Pinkston Poole Potts Rianey Reaves Roach Ross

Rush Salem Savage Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow
Sorrells Stephens Strickland Sweat Toles
Triplett Tripp Turner Wamble
Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Sherman.

Those not voting were Messrs.:

Alexander, W. H. Barfield Battle Bennett, J. T. Berry Blackshear Bohannon Bond Brown, B. D. Collins, M. Colwell Dailey Daugherty

Dean, J. B. Edwards Egan Farrar Pelton Gignilliat Hadaway Hamilton Hill, B. L. Hood Horton Isenberg Keyton

On the motion, the ayes were 156, nays 1.

Matthews, D. R. Murphy Pickard Russell, A. B. Russell, H. P. Russell, W. B. Shepherd Thomason Thompson Townsend Vaughn Mr. Speaker

The motion prevailed and the Senate substitute to HR 169-492 was agreed to.

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JOURNAL OF THE HOUSE,

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 provisions relating to fees for examination and certificates; and for other purposes.

The following Senate amendment was read:
Senator Webb of the llth moves to amend HB 527 by striking the figure "$50.00" wherever it appears and substituting in lieu thereof the figure "$45.00".

Mr. King of the 86th 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 Battle Bell Bennett, Tom Black 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, S. Coney, G. D. Coney, J. L.

Conger Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Evans Ezzard Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, G.

Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb 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 Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell

McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce

THURSDAY, MARCH 11, 1971

289

Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Salem
Savage Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow

Sorrells Strickland Sweat Thomason Toles Townsend Triplet* Tripp
Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. Sherman.

Those not voting were Messrs.:

Barfield Bennett, J. T. Berry Blackshear Bohannon
Bond Brown, B. D. Collins, M. Colwell Dailey Daugherty Dean, J. E. Edwards

Egan Farrar Felton Floyd, J. H. Hamilton Hill, B. L.
Hood Isenberg Keyton Knowles Matthews, D. R. McCracken McDaniell

Murphy Phillips, W. R. Pickard Russell, A. B. Russell, H. P. Russell, W. B. Shepherd Stephens Thompson Vaughn Mr. Speaker

On the motion, the ayes were 157, nays 1.

The motion prevailed and the Senate amendment to HB 527 was agreed to.

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 re specting renewal certificates; and for other purposes.

2900

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

The Senate Committee on Health and Welfare moves to amend HB 517 as follows:

By striking the sentence which begins on line 15 and ends on line 21 of page 2, which reads as follows:

"All moneys received by the State Board of Examiners for an nual license renewal fees shall be retained by said Board and used for education, promotion and welfare of the science of chiropractic; said moneys being paid out only for such purposes and upon a ma jority vote of the State Board of Chiropractic Examiners."

Mr. Northcutt of the 21st 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. M. Alien Atherton Bell Bennett, Tom Black Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements ole Collier Collins, S. oney, G. D.

Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, Gib
Dean, N. Dent Dixon Drury Evans Ezzard Floyd, L. B. Fraser Gary Geisinger Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Harrington Harrison
Hawes Hays Hill, G.

Housley Howard Howell 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. Leggett
Levitas Lewis Logan Longino Lowrey Marcus Mason

Matthews, C. Mauldin Maxwell
McCracken McDonald Melton Miles Milford Miller
Moore Morgan
Moyer Mulherin Mullinax
Nessmith Noble Northcutt Nunn Odom
Patterson Patten Pearce

THURSDAY, MARCH 11, 1971

2901

Peters Phillips, G. S.
Ross Rush Russell, A. B.
Salem Savage Scarborough Pinkston
Poole Potts Rainey Reaves Roach Phillips, L. L. Phillips, W. R. Shanahan
Sherman Sims Smith, H. R. Smith, J. R. Snow

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

Those not voting were Messrs.:

Alexander, W. H.
Barfield Battle Bennett, J. T. Berry Blackshear Bohannon Bond
Brown, B. D. Collins, M. Colwell
Dailey Daugherty Dean, J. E.

Dorminy Edwards Egan Farrar Pelton Floyd, J. H. Gaynor Gignilliat
Hamilton Harris Hill, B. L. Hood Horton Isenberg

Keyton Matthews, D. R. McDaniell Merritt Murphy Oxford Pickard Russell, H. P. Russell, W. B. Shepherd Smith, V. T. Triplett Mr. Speaker

On the motion, the ayes were 154, nays 0.

The motion prevailed and the Senate amendment to HB 517 was agreed to.

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.

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JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Senator Bateman of the 27th moves to amend HB 360 as follows:

By striking subsection (a) of Section 2 in its entirety and by inserting in lieu thereof a new subsection (a), which reads as follows:

"(a) Medical records, or reproductions thereof, when duly cer tified by the custodian or custodians thereof, shall by virtue of such certification be deemed duly authenticated, and, if otherwise admis sible, shall be competent evidence in any court or before any ad ministrative agency or body, and shall be prima facie evidence of the truth of all facts recorded therein (but not of opinions or con clusions) ."

Mr. Brown of the 32nd moved that the House disagree to the Senate amend ment.

The motion prevailed and the Senate amendment to HB 360 was disagreed to.

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.

The following Senate amendment was read:
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, approved February 1, 1946 (Ga. Laws 1946, p. 152), as amended, so as to change the provisions relative to the membership of recreation boards; to authorize counties to join with school boards and municipalities in conducting and maintaining a rec reation system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act empowering cities, towns and counties, separate ly or jointly, to provide, maintain and conduct supervised recreation systems, approved February 1, 1946 (Ga. Laws 1946, p. 152), as amended, is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:

THURSDAY, MARCH 11, 1971

2903

"Section 4. That if the governing body of any such county or municipality shall determine that the power to provide, establish, conduct, and maintain a recreation system as aforesaid shall be exercised by a park and recreation board, such governing body shall, by resolution or ordinance, establish in such municipality or county, a recreation board which shall possess all the powers and be subject to all the responsibilities of local authorities under this Act. Such board, when established, shall consist of a minimum of five persons and a maximum of nine persons serving without pay, to be ap pointed by the Mayor or presiding officer of such county or mu nicipality. The terms of office shall be for five years, or until their successors are appointed and qualified, except that the appointing authority, in making initial appointments or in filling vacancies, is hereby authorized and directed to vary the initial terms of members or the terms of persons appointed to fill vacancies in such a manner that thereafter the term of at least one member shall expire an nually. Immediately after their appointment, they shall meet and organize by electing one of their members president and such other officers as may be necessary; vacancies in such boards occurring otherwise than by expiration of term shall be filled by the Mayor or presiding officer of the governing body only for the unexpired term, except as otherwise provided herein."

Section 2. Said Act is further amended by inserting in the last sentence of Section 5 between the word "municipality" and the word "or" the following: ", county" so that when so amended Section 5 shall read as follows:

"Section 6. That any two (2) or more counties, or any two (2) or more municipalities, or any county and municipality, or any county or municipality, or combination thereof, may jointly provide establish, maintain, and conduct a recreation system and acquire property for and establish and maintain playgrounds, recreation centers, parks, and other recreational facilities and activities. Any school board may join with any municipality, county or other school board in conducting and maintaining a recreation system."

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

Mr. Lane of the 101st 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. M. Alien

Atherton Battle Bell Bennett, Tom Black

Blackshear Bostick Bowen Brantley, H. H. Brantley, H. L.

2904
Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Collier Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Evans Farrar Floyd, L. R. Fraser Gary Gignilliat Grahl Granade Grantham Greer Griffin Ham Harrington Harris

JOURNAL OF THE HOUSE,

Harrison Hays Hill, G. Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Jones, Herb Jones, J. R. Jordan King Knight Knowles 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 McDonald Melton Miles Milford Miller Moyer Mulherin Nessmith Northcutt Nunn Odom

Oxford Pearce Peters Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Snow Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Voting in the negative were Messrs. Bohannon and Cole.

Those not voting were Messrs.:

Alexander, W. H. Barfield Bennett, J. T.
Berry Bond Brown, B. D. Buck Collins, M.

Colwell Dailey Daugherty
Drury Edwards
Egan Ezzard Felton

Floyd, J. H. Gaynor Geisinger Gunter Hadaway Hamilton Hawes Hill, B. L.

THURSDAY, MARCH 11, 1971

2905

Hood Horton Housley Howell Isenberg Johnson Keyton Kreeger Levitas Longino Matthews, D. R.

McCracken McDaniell Merritt Moore Morgan Mullinax Murphy Noble Patterson Patten Phillips, G. S.

Phillips, W. R. Pickard Russell, H. P. Smith, J. R. Smith, V. T. Sorrells Thomason Townsend Vaughn Wilson Mr. Speaker

On the motion the ayes were 136, nays 2.

The motion prevailed and the Senate substitute to HB 537 was agreed to.

HB 29. By Mr. Northcutt of the 21st and others:
A Bill to be entitled an Act to create the Georgia State Board of Bar bers; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to create the Georgia State Board of Barbers; to provide for a short title; to declare the purpose of said Act; to define certain terms; to provide for present board members, their successors, appointment of new members, terms, qualifications, oath, compensation and removal; to provide for meetings and quorum; to provide for re stricted attendance sessions and conferences by telephone; to provide for a secretary and the powers and duties thereof; to provide for in spectors, their compensation, qualifications, appointment and responsi bility; to define the powers and duties of said Board; to continue in ef fect existing rules and regulations; to require a license to practice, teach or study barbering or to operate a barber establishment or barber school, and for the display of such licenses; to provide for qualifica tions, examinations and the issuance of licenses to applicants for such licenses; to provide for continuing education of barber teachers; to provide grounds for reprimand of licensees and suspension or revocation of licenses; to provide for renewal, expiration and restoration of licenses; to provide for the setting of fees by the Board; to provide for reciproc ity and temporary licenses; to provide for enforcement of this Act by penalty, injunction and criminal prosecution; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR. GIA:

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Section 1. Short title. This Act shall be known and may be cited as the "Georgia Barber Act".

Section 2. Declaration of purpose. The Georgia Barber Act is en acted for the purpose of safeguarding the public health, safety and welfare by providing for State administrative control, supervision and regulation of the practice of barbering, teaching of barbering, barbers, barber teachers, barber students, barber apprentices, barber establish ments and barber schools. Barbering is hereby declared to be affected with the public interest, and this Act shall be liberally construed so as to accomplish the foregoing purpose.

Section 3. Definitions. In this Act the following terms shall have the respective meanings listed in this Section unless the context clearly requires a different meaning.

(a) "Board" means Georgia State Board of Barbers.

(b) "Barbering" means the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp mas sages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or mechanical appliances, singeing and shampooing the hair or dyeing the hair of any living person for compensation.

(c) "Barber" is any person who practices barbering.

(d) "Barber apprentice" is any person who practices barber ing under the constant and direct supervision of a licensed barber.

(e) "Barber teacher" is any person who, for a fee or other compensation, teaches barbering to any other person.

(f) "Barber school" is any premises, not operated as part of the public school system of this State, where barbering is taught for a fee or other compensation.

(g) "Student" means any person enrolled and pursuing a course of study in a licensed barber school.

(h) "Barber establishment" is the immediate premises upon or within which the practice of barbering is carried on for predomi nately male patrons which must be a permanent location zoned for
business.

(i) "Joint-Secretary" means the Joint-Secretary, State Examing Boards of Georgia.

(j) "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.

THURSDAY, MARCH 11, 1971

2907

(k) "Licensee" means any person holding a license.

(1) "Operate" means to own a controlling interest in or control the management of a barber establishment or barber school.

(m) "Person" shall mean a human person, not a legal entity.

Section 4. Georgia State Board of Barbers created; present mem bers of Board; successors. There is hereby created a Georgia State Board of Barbers. The members serving on the Georgia State Board of Barbers as it existed prior to the effective date of this Act shall con tinue to serve until their resignation or respective terms expire. Their successors shall be appointed as provided by this Act.

Section 5. Members of Board; appointment; terms; quorum; busi ness by telephone; removal; vacancies. The Board shall consist of five members, each of whom shall be appointed by the Governor from a list of three recommendations by the barber associations representing the various barber groups in Georgia and approved by the Secretary of State for a term of three years. A majority (three) of the Board mem bers shall constitute a quorum for all Board business and, with the exception of hearings in contested cases, may conduct business by con ference telephone. The seat of any member who misses two consecutive meetings, except for illness, shall be automatically vacated, and the Governor shall appoint a new member as provided herein for the unexpired term. 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 as provided herein to serve the unexpired term.

Section 6. Members of Board; qualifications. To be eligible for appointment as a member of the Board, a person must:

(a) be at least 25 years of age; and

(b) be a citizen of the United States of America and a resident of the State of Georgia; and

(c) hold a barber or barber teacher license; and
(d) have had at least five years of practical experience in the practice of barbering immediately preceding his appointment; and
(e) not while serving on the Board be a member of or af filiated with any barber school or any business which sells, rents or distributes supplies to barber establishments or barber schools; and

(f) not while serving on the Board be a member of the Georgia State Board of Cosmetology.

Section 7. Members of Board; oath. Appointees to the Board shall

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JOURNAL OF THE HOUSE,

immediately after their appointment take and subscribe to a written oath or affirmation required by law for all public officers.

Section 8. 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 6 days a year, but shall not meet more than 36 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 examina tions and to deliberate in connection with the decision in a contested case. The Joint-Secretary shall be Secretary of the Board, and, in addi tion 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 content of such records, shall be prima facie evidence of all matters required to be kept therein.

Section 9. 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 10. Inspectors; employment; qualifications; supervision of. The Secretary of State shall employ and fix the compensation of four full-time inspectors to aid in the enforcement of this Act. To be eligible for employment as an inspector, a person must:

(a) hold a valid barber or barber teacher license; and

(b) have had at least three years of experience as a barber or barber teacher; and

(c) be at least 21 years of age.

All inspectors shall be under the direct supervision of the Board and the Joint-Secretary, and they shall serve at the pleasure of the Secretary of State.

Section 11. Powers and duties of Board. The Board shall:

(a) prepare or approve all examinations of applicants for licenses; and

(b) determine the qualifications of and license barbers, barber teachers and students, barber apprentices and persons operating barber establishments and barber schools to engage in these re spective activities; and

(c) regulate the practice of barbering, teaching of barbering, barbers, barber teachers and students, barber apprentices and per sons operating barber establishments and barber schools; and

THURSDAY, MARCH 11, 1971

2909

(d) investigate alleged violations of the provisions of this Act and any other law in this State pertaining to barbering and any rules and regulations adopted by the Board. In order to facilitate this duty, any Board member or inspector shall have the power and right to enter and make reasonable inspection of any barber estab lishment or barber school during regular business hours; and

(e) conduct hearings in accordance with the Georgia Admin istrative Procedure Act. In order to facilitate this duty, the Board and the Joint-Secretary shall have the power to subpoena through out the State witnesses, designated documents, papers, books, ac counts, letters, photographs, objects or other tangible things; and

(f) reprimand any person, or suspend, revoke or cancel the li cense of, or refuse to grant, renew or restore a license to any person upon any ground specified in this Act; and

(g) adopt a seal, the imprint of which together with the au thorized signature of either the Joint-Secretary or any other mem ber authorized by the Board shall be effective to evidence its of ficial acts; and

(h) maintain in the office of the Joint-Secretary a register of all persons holding a license, and a record of all inspections made; and

(i) adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this Act and other laws of this State insofar as they relate to barbering, including, but not limited to, rules and regula tions prescribing requirements for sanitation in barber establish ments and barber schools when these rules have been approved by the State Board of Health.

Section 12. Existing rules and regulations not affected. All rules and regulations that have been adopted by the Georgia State Board of Barbers as it existed prior to the effective date of this Act shall con tinue in full force and effect until modified or repealed.
Section 13. Requirement of barber license; exemption or other licensed professions and trades. No person shall practice or teach barber ing, be a student or an apprentice of barbering or operate a barber estab lishment or barber school unless he holds a proper license and continues to comply with the provisions of this Act and all rules and regulations adopted by the Board. Provided, however, that this Act shall not apply to professional and trade activities which are properly conducted under authority of other Georgia licensing laws.
Section 14. Requirements for issuance of license to practice barber ing. A license to practice barbering shall be issued to any person who:
(a) is at least 17 years of age; and
(b) has been a resident of the State of Georgia for at least

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JOURNAL OF THE HOUSE,

six months immediately prior to making application for a license; and
(c) has completed the 12th grade of school instruction or its equivalent; and

(d) has completed a prescribed course of study of at least 1,500 hours in a licensed or approved barber school, and has subsequently served eighteen (18) additional months under the supervision of a barber who has for three (3) years held a Georgia master barber license, or has served as an apprentice in a barber establishment for 5,000 hours under the supervision of a master barber; and

(e) presents a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board; and

(f) satisfactorily passes a written and practical examination prepared or approved by the Board.

Section 15 Requirements for issuance of license to teach barbering; continuing education requirement. A license to teach barbering shall be issued to any person who:

(a) is a high school graduate or its equivalent; and

(b) has held a barber license for at least two consecutive years immediately preceding application for a license to teach barbering; and

(c) has completed a teacher's training course prescribed by the Board in a licensed or approved barber school; and

(d) satisfactorily passes a written and practical examination prepared or approved by the Board.

At least once every two years, every licensed barber teacher shall attend a prescribed course of study and training of not less than two weeks in a barber school approved by the Board.

Section 16. Examinations. The Board shall examine applicants upon

I

the subjects taught in the licensed barber schools at least once every

three months and according to the methods deemed by it to be the most

appropriate to test the applicant's qualifications. Any national standard

ized 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. The Board shall also have the right to estab

lish such norms of achievement as shall be required for a passing grade.

Section 17. Barber establishments; requirement for issuance of license to operate. A license to operate a barber establishment shall be issued, renewed or restored to any person who can show that such estab lishment :

THURSDAY, MARCH 11, 1971

2911

(a) provides and maintains such physical and sanitary facili ties and equipment as may be required by the rules and regulations of the Board; and
(b) is at all times under the constant and direct supervision of a licensed barber who is not less than 18 years of age and has had at least three (3) years of practical experience in the practice or barbering as a master barber; and
(c) does not train more than two apprentices, each of whom shall be under the supervision of a master barber, at any one time; and
(d) does business only at the location shown on the application or license.
Section 18. Barber apprentices; requirements for issuance of li cense. A license to practice barbering as an apprentice shall be issued to any person who shall furnish the board:
(a) a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board; and
(b) evidence that he has been a resident of the State of Georgia for at least six months; and
(c) evidence that he has completed the 12th grade of school instruction or its equivalent; and
(d) evidence that he is practicing and has completed 3,000 hours under the constant and direct supervision of a licensed barber who has had at least three years of practical experience in the practice of barbering.
Provided, however, that a license to practice barbering as an apprentice shall not be renewed more than two times.
Section 19. Barber schools; requirements for issuance of license to operate. A license to operate a barber school shall be issued, renewed or restored to any person who can show that such school:

(a) provides a course of study as prescribed by the Board for basic barbering practice; and

(b) provides a course of study as prescribed by the Board for the training of barber teachers; and

(c) possesses the equipment necessary for the teaching of all courses in the curriculum prescribed by the Board; and

(d) is at all times under the constant and direct supervision of a licensed barber teacher with at least one year of teaching ex perience in a licensed or approved barber school; and

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JOURNAL OF THE HOUSE,

(e) employs only those barber teachers who are licensed by the Board; and

(f) provides at least one barber teacher for each of 20 students enrolled; and

(g) keeps a current and accurate record of each student's progress, establishes grades and holds examinations before issuing diplomas; and

(h) keeps permanently and conspicuously displayed a sign which informs the public that a barber school is being operated on the premises, which sign shall display the words, "Service by Stu dents Only"; and

(i) requires all teachers while on the school premises to confine their work to instruction and research in the field of barbering. In no event shall a teacher or other person be allowed to practice bar bering while on the school premises except for the purpose of dem onstration to students; and

(j) allows no student to render barbering services to a patron of the school until he has completed a prescribed minimum number of hours in theory and practical work; and in no instance allows its students to collect a fee or other compensation for such services.

Provided, however, that nothing in this Section shall affect those students registered in barber schools on the effective date of this Act.

Provided, further, that those persons applying for a license to open a new barber school after the effective date of this Act shall in addition to the above requirements:

(k) have at least 20 bona fide student applications for enroll ment in the basic course of barbering. Such students shall not have been enrolled in a licensed barber school within nine months im mediately preceding application for a license to operate a barber school.

Section 20. Barber schools; requirements for student license; pen alty. A student license shall be issued to all students duly enrolled in licensed barber schools who shall furnish the Board:

(a) a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board; and
(b) evidence that the student has completed the 12th grade of school instruction or its equivalent.
No credit shall be given to any student for any period of time during which he is not licensed by the Board.

THURSDAY, MARCH 11, 1971

2913

Section 21. Reciprocity. The Board may permit person licensed in other states or countries to take an examination to engage in the activities authorized by this Act, provided:

(a) that such persons are properly licensed under the laws of such other states or countries; and

(b) that the requirements for licensing in such other state or country are substantially equal to the requirements for a similar license in this State.

Section 22. Temporary licenses. The Board shall have the au thority to issue temporary licenses to licensed barbers and teachers from other states and countries to teach and demonstrate the art of barbering. Such temporary licenses shall be restricted to prescribed dates and places, but in no instance shall be valid for more than five
days.

Section 23. Expiration and renewal of licenses. All licenses expire annually at such times as may be designated by the Board. All applica tions for renewal of a license shall be filed with the Joint-Secretary prior to the expiration date, accompanied by the annual renewal fee prescribed by the Board. All students and persons who practice barbering shall furnish with their renewal application a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board.

Section 24. 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 pay ment of the prescribed restoration fee. All students and persons who practice barbering shall furnish with their application for restoration of license a certificate of health, personally signed by a licensed physi cian of the healing arts on a form prescribed and furnished by the Board. 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 and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license.

Section 25. Expiration of suspended licenses. A suspended license is subject to expiration and must be renewed or restored as provided in this Act during the term of suspension.

Section 26. Fees. The Board is empowered to establish and charge reasonable fees for the administration of examinations, registration of shops and schools, issuance of all licenses and supplying information to applicants, licensees and the general public. Such fees shall be com mensurate with the cost of fulfilling the duties of the Board as defined by this Act.
Section 27. Display of licenses. Every person holding a license issued by the Board shall display it in a conspicuous place in his school, place of business or employment.

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JOURNAL OF THE HOUSE,

Section 28. Disciplinary sanctions; grounds; restoration. The Board, acting upon its own knowledge or written and verified complaint filled by any person, shall have the power to reprimand, or power to suspend, revoke or cancel the license of, or refuse to grant, renew or restore a license to, any licensee upon proof of any one of the following grounds:

(a) the commission of any false, fradulent or deceitful act or the use of any forged, false or fraudulent document in connection with the license requirements of this Act or the rules and regula tions of the Board; or

(b) failure at any time to comply with the requirements for a license under the provisions of this Act; or

(c) the practice of barbering under a false or assumed name; or

(d) habitual intemperance in the use of alcoholic spirits, nar cotics or stimulants to such an extent as to render the licensee un safe or unfit to practice or teach barbering; or

(e) advertising ability as a barber or barber teacher to an exaggerated degree or in any unethical manner; or

(f) suffering any physical disease or mental disability which ren ders the licensee unfit to practice or teach barbering; or
(g) engaging in any dishonorable or unethical conduct likely to deceive, defraud or harm the public; or
(h) knowingly performing any act which in any way assists an unlicensed person to practice or teach barbering; or
(i) engaging in the practice of barbering on the Sabbath Day; or

(j) violating directly or indirectly, or assisting in or abetting the violation of, any provision of this Act, or any rule or regulation of the Board.

Provided, however, that the Board for good cause shown and under such conditions as it may prescribe, restore a license to any person whose license has been suspended or revoked.

Section 29. Injunctive power. The practice or teaching of barber ing and the operation of barber schools and barber establishments are declared to be activities affecting the public interest and involving the health, 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 dis trict attorney of the circuit where such nuisance exists may bring a peti-

THURSDAY, MARCH 11, 1971

2915

tion 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 provided herein to allege or prove that there is no adequate remedy at law.

Section 30. Violations; penalty. It shall be unlawful for any person to violate any provision of this Act regulating the occupation of barbering, and any person convicted of such violation shall be punished as for a misdemeanor.

Section 31. Severability. In the event any part of this Act should be adjudged invalid or unconstitutional, such adjudication shall not af fect 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 32. Specific repealer. An Act regulating the occupation of bartering and creating the Georgia State Board of Barbers, approved March 11, 1963 (Ga. Laws 1963, p. 56), as amended, by an Act approved April 8, 1965 (Ga. Laws, 1965, p. 603), an Act approved March 10, 1966 (Ga. Laws 1966, p. 312), an Act approved April 11, 1967 (Ga. Laws 1967, p. 474), and an Act approved March 27, 1968 (Ga. Laws 1968, p. 421), is hereby repealed in its entirety.

Section 33. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Northcutt of the 21st 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, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Cheeks Clements Cole 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 Evans Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger

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JOURNAL OF THE HOUSE,

Gignilliat Grahl Granade Grantham Hadaway Ham Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.

Leggett Lewis Logan Longino Lowrey Marcus Mason Matthews, C.
Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Miller Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn
Odom Oxford Patterson Pearce Peters Phillips, L. L. Pinkston Poole

Potts Rainey Reaves Roach Rush Russell, A. B. Russell, W. B.
Salem Scarborough Shanahan Shepherd Smith, H. R. Snow Stephens Strickland Sweat Thomason Thompson Triplett Tripp
Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, John Barfield Bell Berry Brantley, H. H. Buck Chance Chandler Chappell Collier Collins, M. Colwell Conger Dailey Drury Edwards Egan Ezzard Felton

Gaynor Greer Griffin Gunter Hamilton Harrington Hood Howell Isenberg Jones, J. R. Jordan Keyton Larsen, W. W. Le vitas Matthews, D. B. McCracken Milford Moore Murphy

Noble Patten Phillips, G. S.
Phillips, W. R. Pickard Ross Russell, H. P. Savage Sherman
Sims Smith, J. R. Smith, V. T. Sorrells Toles Townsend Turner Vaughn Mr. Speaker

On the motion, the ayes were 139, nays 0.

THURSDAY, MARCH 11, 1971

2917

The motion prevailed and the Senate substitute to HB 29 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 Educa tion; and for other purposes.

The following report of the Committee of Conference was read:

Mr. President and Mr. Speaker:

Your Conference Committee on HB 140 has met and submits the following recommendations:

That the House recede from its position and that the Substitute and amendments to HB 140, as passed by the Senate, be adopted.

FOR THE HOUSE:

FOR THE SENATE:

/s/ Don C. Moore Representative, 6th District

/s/ Stanley E. Smith, Jr. Senator, 18th District

/s/ Robert H. Farrar Representative, 77th District

/s/ Terrell A. Starr Senator, 44th District

/s/ L. L. Phillips Representative, 50th District

/s/ R. Eugene Holley Senator, 22nd District

Mr. Moore of the 6th moved that the report of the Committee of Conference 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. Alien Atherton Battle Bennett, Tom

Black Blackshear Bohannon Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C.

Brown, S. P. Burruss Busbee Carr Chance Chandler Chappell Cheeks

2918
Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Evans Farrar Felton Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harrison Hawes Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup

JOURNAL OF THE HOUSE,

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 Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn Odom Oxford Patterson

Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach 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. Snow Sorrells Stephens Strickland Thomason Toles Triplet* Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. M. Collins, S. Dixon

Floyd, L. R. Hays Larsen, G. K.

Sweat

Those not voting were Messrs.:

Barfield Bell Bennett, J. T. Berry Bond

Bostick Brown, B. D. Buck Carter Colwell

Cook Dailey Dean, J. E.
Drury Edwards

Egan Ezzard Floyd, J. H. Gaynor Harris Hill, B. L. Hood Horton

THURSDAY, MARCH 11, 1971

2919

Isenberg Johnson Matthews, D. R. McCracken Merritt Murphy Noble Patten

Phillips, G. S. Pickard Reaves Ross Shepherd Thompson Townsend Mr. Speaker

On the motion, the ayes were 149, nays 7.

The motion prevailed and the report of the Committee of Conference on HB 140 was adopted.

Messrs. Cole, Turner and Smith of the 3rd stated that they had inadvertently voted "aye" on the motion to adopt the report of the Committee of Conference on HB 140, and had intended to vote "nay".

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

HB 983. By Messrs. Kreeger, Atherton, Wilson, McDaniell and Burruss of the 117th:
A Bill to amend an Act providing for a new charter 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 pur poses.

The President has appointed on the part of the Senate the following Sen ators : Chapman of the 32nd, Stephens of the 36th and Henderson of the 33rd.

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

HB 1018. By Mr. Murphy of the 19th:
A Bill to amend an Act relating to the administration of the taxing1 laws of this State, so as to change the method of making refunds; and for other purposes.

2920

JOURNAL OP THE HOUSE,

The following Resolution of the House was read and adopted:

HR 424. By Messrs. Northcutt and Lee of the 21st and Longino of the 98th:
A RESOLUTION
Commending Squadron 140, Sons of the American Legion; and for other purposes.
WHEREAS, the American Legion National Headquarters has is sued a Charter to Squadron 140, Sons of the American Legion, sponsored by the Waldo Slaton Post 140 of Atlanta, dated January 4, 1971, bearing signatures of National Commander Alfred Chamie and National Ad jutant William Hauck and countersigned by Georgia Commander C. B. Burke and Georgia Adjutant George Osborne, January 14, 1971, with enrollment of 102 members; and
WHEREAS, the S.A.L. is a hereditary, patriotic group composed of sons, grandsons and great grandsons of members of the Legion and/or deceased war veterans; and
WHEREAS, the objectives of the S.A.L. are to practice and to pro mote Americanism, loyalty to our Government, good citizenship, unity, leadership, discipline, reverence for Almighty God, and love for and fidelity to the Flag of the United States and to the Flag of our State; and
WHEREAS, Squadron 140 received congratulatory messages from Senator Talmadge, Congressman Thompson, Governor Carter, Lieutenant Governor Maddox, Secretary of State Fortson, and Past National Com mander Erie Cocke, Jr., also a Charter member of the Squadron; and
WHEREAS, members of the Organizing Committee were Charles Moran, Chairman; Earl Smith; Jack Callaway; George Bright; Al Witte; Charles Kuehnle; and Kenneth Howell; and
WHEREAS, the charter membership of Squadron 140 consists of: Charles A. Moran, Jr., James P. Carow, Jr., Richard Davis Cowan, Lawrence Davis Cowan, James Gregory Cowan, Thomas Alien Cowan, James C. Vocalis, Charles Forsyth Vocalis, Theo C. Vocalis, Warren C. Witte, Kenneth M. Witte, Karl L. Icenogle, Jr., Darryl G. Grim, Edward U. Grim, Jr., Ben T. Huiet, Jr., Ben T. Huiet III, William H. Attridge, Jr., Peter C. Bullard (Colonel USA Retired), Robert L. Bullard III (Major USA Retired), William Leon Higgins, Michael Higgins, Daniel Lee Leidy, Daniel Lee Leidy, Jr., Linton E. Snead, Gordon Nowell Gaar, Fred W. Ajax, Jr., John W. Sills, Jr., Wallace E. Sills, Roy William Weaver III, William Russell Strickland, Jonathan Partee Strickland, Bryan Sloan Strickland, Harry J. Goodman, Jr., Harry J. Goodman III, David M. Goodman, David M. Goodman, Jr., Brent T. Goodman, Craig G. Goodman, Charles Branch Tanksley, Thomas Rowan Tanksley, Jeptha Reid Tanksley, Vincent D. Pfab, Vincent Pfab, Jr., Michael Pfab, Joseph Pfab, Donald D. Pfab, Charles V. Pfab, Michael Fritz Pfab, Hans Joseph

THURSDAY, MARCH 11, 1971

2921

Pfab, Reverend Charles Pfab, Jr., S. M., Michael Cronin, Patrick Cronin, Chris Cronin, Florence L. Breen, Jr., Randall Scott Burkhaulter, Ryan Kent Burkhaulter, Ozzie W. Johnson, Cadet Chris B. Timmers, Cadet Mark P. Timmers, John Davis Barrett, Jr., Thomas Duncan Barrett, Richard Lee Barrett, John Alien Riordan, Alpha Alsbury Fowler III, Joe Hodgson Fowler, Raymond Logan Fowler, Edward Milton Fowler, Michael A. Witte, Henry L. Buck IV, Johathan A. Buck, David L. Buck, Harold Eugene Kilgore, Russell Eugene Kilgore, Michael Kevin Kilgore, Scott Ashley Kilgore, Erie Cocke, Jr. (Past National Com mander, American Legion), James R. Vinson, William Donald Mason, William Scott Mason, Christopher Donald Mason, Michael Wilkins White, Thomas R. Moran, William Edward Freeman, William Park Freeman, Harold Harris Freeman, Edward Patrick Freeman, William Dennis Suit, Henry Harold Waters, Richard Mitchell Waters, William Thurmond Waters, Joseph Charles Waters, Robert Daniel Waters, Gary Clinton Waters, James Leonard Waters, Robert B. S. Humiston, Charles L. Thompson, Douglas L. Howell, David N. Howell, William Joseph Kil gore, Sergeant Charles Alien Weaver, John W. Higgins II, and Robert Higgins.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend hearty con gratulations and best wishes to Squadron 140, Sons of the American Legion.

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 person mentioned herein.

Mr. Geisinger of the 72nd arose to a point of personal privilege and addressed the House.
The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and submits the following supplement to the calendars already adopted this date, March 11, 1971, by adding the following:
SR 47. Richard B. Russell Monument Commission SB 95. Board of Medical Examiners, Members SB 276. Assistant District Attorneys, Qualifications SB 230. Architects, applicants Delete "U.S. Citizen" a SB 280. Clinical Laboratory Schools, License SB 306. Architects, Relating to Qualifications

2922

JOURNAL OF THE HOUSE,

Except as herein amended, the provisions of the calendars heretofore sub mitted shall remain of full force and effect.
Respectfully submitted,
Lambert of 25th,
Vice-Chairman

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

SR 47. By Senators Reynolds of the 48th, Pincher of the 51st and others:
A Resolution creating the Richard Brevard Russell Monument Commis sion; 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. M. Alien Atherton Battle Bell Bennett, 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 Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Davis, E. T. E|avis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury

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 Hawes Hays

Hill, B. L. Hill, G. 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 Longino Lowrey Marcus Mason Matthews, C.

THURSDAY, MARCH 11, 1971

2923

Mauldin Maxwell McCracken McDaniell McDfonald Melton Merritt Miles 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. Pinks ton Poole Potts Rainey Roach Ross

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

Those not voting were Messrs.:

Alexander, W. H. Barfield Bohannon Bowen Brantley, H. H. Cook Dailey Daugherty

Edwards Farrar Gaynor Hood Isenberg Leggett Matthews, D. R. Noble

Pickard Reaves Shanahan Shepherd Strickland Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

2924

JOURNAL OF THE HOUSE,

SB 280. By Senators Chapman of the 32nd, Fincher of the 51st and others:
A Bill to be entitled an Act to prohibit operation of all schools for train ing clinical laboratory personnel unless licensed pursuant to this Act; and for other purposes.

The following Committee amendments were read and adopted:
The Committee on Health and Ecology moves to amend SB 280 as follows:
By striking the introductory sentence of subsection (e) of Section 4 and by inserting in lieu thereof the following new introductory sen tence :
"The license of a school for training clinical laboratory person nel may be denied, revoked, suspended, limited or renewal thereof denied for:".
The Committee on Health and Ecology moves to amend SB 280 by deleting on page 5, line 3 the word "Board" and by inserting in lieu thereof the words "State Board of Health", and by deleting on line 14 the word "or" and by adding at the end of the word "directors" the words "or pathologist".
The Committee on Health and Ecology moves to amend SB 280 on page 5, line 16, after the word "or" delete the words "school di rector" and insert in lieu thereof the word "pathologist".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 276. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act, so as to change the quali fications of persons eligible for appointment as assistant district at torneys in certain judicial circuits; and for other purposes.
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 11, 1971

2925

Those voting in the affirmative were Messrs.

Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee arr 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.
J>ean, N.
Dent
Dorminy
Drury
Egan
Ezzard
Felton
Floyd, L. R.
Fraser
Gary

Gaynor Geisinger Gignilliat Grahl Grantham Greer Gunter Hadaway Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Housley Howard 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. Leggett
Levitas
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDonald
Melton

Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten 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 Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells
Thompson
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Westlake
Whitmire
Williams
Wilson
Wood

2926

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Adams, Marvin Bennett, Tom Berry
Black Blackshear Bohannon Buck Dailey Dixon Edwards Evans Farrar

Floyd, J. H. Granade Griffin Hamilton
Hood Horton Howell Isenberg Longino McDaniell Murphy Pearce Pickard

Roach Russell, W. B. Scarborough Shepherd
Snow Stephens Strickland Sweat Thomason Ware Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 0.

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

SB 95. By Senator Patton of the 40th: A Bill to be entitled an Act to amend Code Section 84-903, so as to change the manner in which the Governor shall make appointments to the Composite State Board of Medical Examiners; and for other purposes.
By unanimous consent, further consideration of SB 95 was postponed until tomorrow morning immediately following the period of unanimous consents.
SB 230. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend Code Section 84-303, relating to the qualifications, age, citizenship and character of applicants for registrations as architects, as amended, so as to delete the requirements that an applicant for examination be a citizen of the United States; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State of Republic moves to amend SB 230 as follows:
By striking the word "seven" as it appears on line 22, page 2 and substituting in lieu thereof the word "eight".
The following amendment was read and adopted:

THURSDAY, MARCH 11, 1971

2927

Mr. Greer of the 95th moves to amend SB 230 by adding to the title after the words "(Ga. Laws 1955, p. 602)" on line 4, page 1 the words "as amended 1963 and 1969" and by striking after the word "section" 011 line 7 of page 2 the remainder of Section 1.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. 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. 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 Daugherty Davis, W. Dean, Gib Dean, N. Dent
Dixon Dorminy Egan Evans Ezzard Parrar Felton Floyd, L. R. Fraser Gei singer Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harrison Hawes Hays Hill, G. Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson

Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Patterson Patten Peters Phillips, G. S. Phillips, L. L.

2928
Pinkston Poole Potts Rainey Reaves Roach Rush Russell, H. P. Salem

JOURNAL OF THE HOUSE,

Savage Scarborough Shanahan Sims Smith, H. R. Smith, V. T. Snow Stephens Strickland

Sweat Toles Tripp Turner Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A.

Those voting in the negative were Messrs.:

Drury Harris Odom

Sherman
Smith, J. R. Whitmire

Williams Wood

Those not voting were Messrs.:

Alien Berry Blackshear Buck Colwell Dailey Davis, E. T. Dean, J. E. Edwards Ployd, J. H. Gary Gaynor Hill, B. L. Hood Howard

Isenberg Jones, Herb King Lee, W. J. (Bill) Levitas Longino Matthews, D. R. McCracken Murphy Noble Northcutt Nunn Oxford Pearce Phillips, W. R.

Pickard Ross Russell, A. B. Russell, W. B. Shepherd Sorrells Thomason Thompson Townsend Triplett Wamble Wilson Mr! Speaker

On the passage of the Bill, as amended, the ayes were 144, nays 8.

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

SB 306. By Senator Tysinger of the 41st: A Bill to be entitled an Act to Amend Code Section 84-303, relating to qualifications of architects, as amended, so as to change the provisions relating to qualifications; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, MARCH 11, 1971

2929

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. 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 Collier Collins, M. Collins, S. Coney, J. L. Conger Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Egan Farrar Floyd, L. E. 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
Jessup Johnson
Jones, Herb Jones, J. R. Jordan Keyton Knight Kreeger
Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Lowrey
Marcus Mason Matthews, D. R. Mauldin
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. Pinkston Poole Potts
Rainey Reaves Ross Rush
Russell, H. P. Russell, W. B. Salem Savage Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Stephens Strickland Thompson Toles Townsend Triplett
Tripp Turner
Ware Westlake
Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

2930

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Bennett, Tom Berry Blackshear Buck Chandler Colwell Coney, G. D. Connell Dailey Dean, J. E. Dent Edwards Evans
Ezzard

Felton Floyd, J. H. Fraser Hill, B. L. Hood Isenberg King Knowles Levitas Logan Longino Matthews, C. Maxwell Murphy
Patten

Phillips, L. L. Phillips, W. B. Pickard Roach Russell, A. B. Scarborough Shepherd Smith, V. T. Sorrells Sweat Thomason Vaughn Wamble Mr. Speaker

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

The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 425. By Messrs. Grantham of the 55th, Hudson of the 48th and Northcutt of the 21st:
A RESOLUTION
Urging the appropriation of funds for the continuation of the milk program in the Child Nutritional Act; and for other purposes.
WHEREAS, the Congress of the United States established in 1967 an Act known as the "Child Nutritional Act" authorizing the expendi ture of one hundred twenty-five million dollars ($125,000,000) per year, or more, for the Special School Milk Program for all school children; and
WHEREAS, the nutritional value to school children of all ages is involved in the teaching of better nutritional habits, not only to the underprivileged but also to all children, to develop better habits not established in the home; and
WHEREAS, the dairy industry, as an important economic factor, both to the nation and to the State of Georgia, contributes greatly to the economy by financial returns, financial investments, taxes and sales.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

THURSDAY, MARCH 11, 1971

2931

REPRESENTATIVES of the 1971 General Assembly of the State of Georgia that this body hereby urges the President, the Congress, and the United States Department of Agriculture to appropriate adequate funds for 1971 for the continuation of the milk program in the Child Nutritional Act.

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 Honorable Richard M. Nixon, Presi dent of the United States; the Honorable Clifford Hardin, United States Secretary of Agriculture; the Honorable Phil Campbell, United States Undersecretary of Agriculture; and to each member of the United States Senate and House of Representatives from the State of Georgia.

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

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.
Mr. Smith of the 39th moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be ap pointed on the part of the 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. Adams of the 100th, Jessup of the 49th and Smith of the 39th.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:
SB 84. By Senator Overby of the 49th: A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, as amended, so as to provide optional retirement benefits for appellate court judges; and for other purposes.
The following amendment was read and adopted:

.2932

JOURNAL OF THE HOUSE,

Mr. Cook of the 95th moves to amend SB 84 as follows:

By striking the word "retires" as it appears in line 26, page 3 of said Act and inserting in lieu thereof the words "is incapacitated".

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. 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 Cheeks Clements
Cole Collier Collins, M.
Collins, S. Colwell
Coney, G. D. Coney, J. L.
Conger Connell

Cook Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dorminy Drury Egan Evans Ezzard Farrar Felton Floyd, J. H. Fraser Gary Gaynor 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 Hutchinson Jessup Johnson Jordan
Keyton King
Knight Knowles Kreeger Lambert
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 Miles Milford
Miller Moore Morgan
Moyer Mulherin Mullinax
Nessmith Northcutt

Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves

THURSDAY, MARCH 11, 1971

2933

Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells

Stephens Strickland Thomason Thompson Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams

Those voting in the negative were Messrs.

Adams, John Bohannon Davis, W. Dean, Gib Dixon Floyd, L. R. Jones, Herb

Jones, J. R. Lane, Dick Lane, W. J. Patterson Rainey Savage Sherman

Toles Wamble Westlake Wilson Wood

Those not voting were Messrs.:

Berry Buck Burruss Dailey Edwards Granade Hood

Isenberg Longino McDaniell Merritt Murphy Noble Pickard

Roach Scarborough Shepherd Sweat Townsend Mr. Speaker

On the passage of the Bill, as amended, the ayes were 156, nays 29.

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

Mr. Rainey of the 47th stated that he had inadvertently voted "nay" but intended to vote "aye" on the passage of SB 84, as amended.

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

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 Pulton; and for other purposes.

2934

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 570 as follows:

By adding at the end of the second paragraph of Section 2.03 of Article 11, the following:

"The three candidates for councilmen in said election who re ceive the highest number of votes shall be elected for terms of of fice of four years each and until their successors are duly elected and qualified.";

and by striking the last three sentences of Section 2.05 of Article 11 and inserting in lieu thereof the following:

"The mayor and three councilmen or mayor pro-tern and three councilmen shall constitute a quorum for the transaction of busi ness at a regular meeting, and the mayor and four councilmen, or the mayor pro-tern and four councilmen, shall constitute a quorum for transaction of business at a special meeting. The city council may, by ordinance, adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The city council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the city council."

The following House amendment to Senate amendment was read and adopted:
Mrs. Hamilton of the 112th and Messrs. Brantley of the 114th, Cook, Felton, Hawes, Greer and Horton of the 95th, Marcus of the 105th, Alexander of the 108th, Bond of the lllth, Townsend of the 115th, Egan of the 116th, Hill of the 97th, Lane of the 101st, Adams of the 100th, Savage of the 104th, Stephens of the 103rd, Daugherty of the 109th and Brown of the 110th move to amend the Senate amendment to HB 570 as follows:
By adding after Section 1.02 of Article I a new Section, to be designated Section 1.02A, to read as follows:
"Section 1.02A. (a) Notwithstanding the foregoing descrip tion of the corporate limits of the City of Roswell, the property described in subsection (b) of this Section shall be excluded from the corporate limits of the City of Roswell.
(b) The property excluded from the corporate limits of the City of Roswell under this Section is: All that tract or parcel of land lying and being in the 1st District, 2nd Section, of Fulton County, Georgia, and being more particularly described as follows:
Beginning at a point where the west land lot line of Land Lot 341 intersects Azalea Drive; running thence south along the west

THURSDAY, MARCH 11, 1971

2935

land lot line of Land Lots 341 and 340, and extension thereof to the south bank of the Chattahoochee River; running east along the south bank of the Chattahoochee River 8,120 feet, plus or minus, to a point on the south bank of the Chattahoochee River at the intersection of a line drawn from the southeastern corner where Vickery Creek enters into the Chattahoochee River to the south bank of the Chattahoochee River; thence north 480', plus or minus, across the Chattahoochee River to the point where Vickery Creek enters the Chattahoochee River, running in a northerly direction along Vickery Creek 399', plus or minus, to its intersection with the northerly side of Riverside Drive; running thence westerly along the northern side of Riverside Drive and extension thereof 170', plus or minus, to its intersection with the western right-of-way line of Roswell Road; running thence in a generally westerly direction and along the northerly right-of-way line of Azalea Drive 8,867 feet, plus or minus, to the intersection of the northerly right-of-way line of Azalea Drive with the western land lot line of Land Lot 341 and the point of beginning."

Mr. Brantley of the 114th moved that the House agree to the Senate amend ment, as amended by the House.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 570 was agreed to,. as amended by 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 Superior Court of Cobb Judicial Circuit; and for other purposes.
The following Senate amendments were read:
The Senate Committee on Special Judiciary moves to amend HB 381 as follows:
By striking on line 20, page 1 the date "1954" and inserting in lieu thereof the date "1945".
The Senate Committee on Special Judiciary moves to amend HB 381 as follows:
By striking the word "three" on line 23 of page 1, and by inserting in lieu thereof the word "four";

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JOURNAL OF THE HOUSE,

By striking from line 30 of page 2 the following:

"either of the three",

and by inserting in lieu thereof the following:

"Any one of the four";

By striking the word "three" on lines 16, 22 and 29 of page 3, and by inserting in lieu thereof the word "four";

By striking the word "three" on line 27 of page 4 and by inserting in lieu thereof the word "four";

and by striking the word "three" on line 6 of page 5 and by inserting in lieu thereof the word "four".

Mr. Howard of the 117th moved that the House disagree to the Senate amendments.
The motion prevailed and the Senate amendments to HB 381 was disagreed to.

HB 330. By Mrs. Hamilton of the 112th, Messrs. Egan of the 116th and others:
A Bill to be entitled an Act to create the City of Atlanta Charter Com mission; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 330 as follows:
By striking subsection (a) of Section 1 in its entirety and substitut ing in lieu thereof a new subsection (a) to read as follows:
"(a) The City of Atlanta Charter Commission is hereby cre ated. The Commission shall be composed of 27 members as follows: (1) The members of the House of Representatives from Districts 95 through 116 shall hold a meeting at the State Capitol, and by a majority vote of their total number, shall elect 6 members of the Commission, three of whom shall be from their own number and the remainder shall be residents and qualified voters of the City of Atlanta. (2) The members of the Senate from Districts 34 through 40 and the members from Districts 42, 43 and 56 shall hold a meet ing at the State Capitol, and by a majority vote of their total num ber, shall elect 6 members of the Commission, three of whom shall be from their own number and the remainder shall be residents and qualified voters of the City of Atlanta. (3) The Mayor of the City

THURSDAY, MARCH 11, 1971

2937

of Atlanta shall appoint 4 members of the Commission, all of whom shall be residents and qualified voters of the City of Atlanta. (4) The two aldermen from each of the nine wards of the City of Atlanta shall jointly appoint one member of the Commission for each ward, and the members so appointed shall be residents and qualified voters of their respective wards. (5) The Board of Edu cation of the City of Atlanta, by a majority vote of their total number, shall elect two members of the Commission who shall be residents and qualified voters of the City of Atlanta. (6) None of the members appointed to the Commission shall be members of the governing authority of the City of Atlanta or Board of Education of the City of Atlanta."

Mrs. Hamilton of the 112th 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 330 was agreed to.

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.

The following Senate amendment was read:
Senator Webb of the llth moves to amend HB 1018 as follows:
By striking the period on line 7, page 2, and inserting in lieu thereof the following:
"and interest thereon at the rate of 6 per cent per annum from the date of payment of same to the State Revenue Commissioner."
Mr. Murphy of the 19th 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 Bennett, J. T. Bennett, Tom

Black Blackshear Bohannon Bond Bostick

2938
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 Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E.
Dean, N.
Dent
Dixon
Dorminy
Drury
Egan
Evans
Ezzard
Parrar
Felton
Floyd, L. R.
Fraser
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Granade Grantham
Griffin
Gunter
Ham

JOURNAL OF THE HOUSE,

Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson 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
Miles
Milford
Miller
Moore
Morgan
Moyer

Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Pinkston Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem 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

THURSDAY, MARCH 11, 1971

2939

Those not voting were Messrs.:

Barfield Bell Berry Buck Colwell Dailey Edwards Floyd, J. H. Greer

Hadaway Howell Isenberg Lambert Longino Merritt Noble Phillips, L. L. Phillips, W. R.

Pickard Ross Savage Scarborough Smith, J. R. Vaughn Mr. Speaker

On the motion, the ayes were 170, nays 0.

The motion prevailed and the Senate amendment to HB 1018 was agreed to.

Mr. Dean of the 76th requested that the following communication appear in the Journal:

STATE OP GEORGIA House of Representatives
Atlanta
Georgia General Assembly House of Representatives Atlanta, Georgia

March 11, 1971

Dear Members:

This comes as an official confirmation from the National Urban League's Southern Region Office that Mr. Whitney H. Young, Executive Director, National Urban League, died early this morning in Nigeria, Africa.

Mr. Young, an outstanding national and international leader will be greatly missed by all Americans.
Sincerely,
is/ James E. Dean Representative, 76th District

JED:jj

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.

2940

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 12, 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. Herbert Kelmer Burden, Pastor Kite Church of God, Kite, Georgia:
Our Heavenly Father, we come before Thee with bowed heads and humble hearts, thanking You for the blessings of another day, and the blessings that Thou has bestowed upon us from day to day. We thank Thee for freedom and for being able to live in a land where we can enjoy it. May these blessings always be with us. We pray for the law makers and the leaders of our land and especially in this State. Give them guidance through Your Spirit that they may do and say what'is right in the sight of God. Help us to always remember that without Christ, we are nothing. Bless us through this day and may You get honor and glory in all that is said and done. We ask these things 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 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 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
Granade Grantham Greer Griffin Gunter
Hadaway Ham Hamilton Harrington
Harris Harrison Hawes Hays 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 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. Mauldin Maxwell McCracken McDaniell

FRIDAY, MARCH 12, 1971

2941

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. H. 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 liad 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.

2942

JOURNAL OF THE HOUSE,

4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, March 12, 1971, and submits the following:

SB 30. SB 47. SB 50. SR 56. SB 95. SB 133. SB 135. SB 164. SB 169. SB 173. SB 175. SB 176. SB 177. SB 178. SB 179. SB 221.

Mines, Health and Safety Requirements. Retirement System, Fail in an Election. State Depositories, Relating to. General Assembly Members, Identification Cards. Board of Medical Examiners, Members P.P. Grants to Counties, Tax Digest Approval. Superior Court Clerks, Change Fees. Employment Agencies, Agent. Motor Vehicles, Identification. Banking Business, Chartered. Banks, Authority to Close. Banks, Purchase of Capital Notes. Insurers, Invest in Obligations Issued. Trust Funds, Invested. Banks, Board of Directors, Change. City Housing Authority, Limit Area.

SB 255. Malt Beverages, Amount Possessed.

SB 289. Public Assistance, Final Decisions (Reconsidered).

SB 310. Criminal Trials, Change of Venue Procedure.

SB 92. Prisoners--Lengthy Appeals; Temp. Transfer (If Reconsidered).

SB 224. County Sheriffs, Salaries, Longevity Increases (If Reconsidered).

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,
Lambert of the 25th,
Vice-Chairman.

FRIDAY, MARCH 12, 1971

2943

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

HB 1100. By Messrs. Thomason and Russell of the 77th:
A Bill to be entitled an Act to amend an Act to declare certain days as public and legal holidays, so as to declare an additional public and legal holiday on each general election date; and for other purposes.
Referred to the Committee on State of Republic.

HB 1101. By Messrs. Wamble of the 69th and Pickard of the 84th:
A Bill to be entitled an Act to amend Code Section 92-3113, relating to the apportionment of corporate income derived from the manufacture, production or sale of tangible personal property, so as to provide an alternative formula for apportioning such income; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1102. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend 88-19 of the Code Title 88 known as the "Georgia Health Code", so as to provide for issuance by the Department of Health of a Certificate of Need before institutions shall be constructed or expanded; to define a Certificate of Need; and for other purposes.
Referred to the Committee on Health and Ecology.

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

HB 1097. By Messrs. Smith, Cole and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Varnell, so as to change the corporate limits of said city; and for other purposes.

HB 1098. By Messrs. Brown, Pinkston, Scarborough and Bennett of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend Code Section 46-406, relating to judgments in garnishment proceedings, so as to require the summons of garnishment to include a paragraph informing the garnishee that failure to answer may result in a default judgment against the employergarnishee; and for other purposes.

HB 1099. By Messrs. Brown, Pinkston, Scarborough and Bennett of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to repeal Code Section 46-805, relating to

2944

JOURNAL OF THE HOUSE,

the assent of certain governmental officials as a prerequisite to judg ment against government employees; and for other purposes.

HR 423-1099. By Messrs. Savage of the 104th, Russell of the 77th, Granade and Floyd of the 75th, Lane of the 101st, Adams of the 100th, Cook of the 95th, Geisinger of the 72nd and others:
A Resolution proposing an amendment to the Constitution so as to provide that salary changes for certain State officers shall take effect at the beginning of the term of office following the term in which the change becomes law; and for other purposes.

The following communication was received and read:
STATE OF GEORGIA Executive Department
Atlanta 30334
March 12, 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 $25,000,000 that will be derived from HB 112 (increase in Motor Fuel Tax), I respectfully request that you accept the figure of $1,189,600,000 as the official revenue estimate for FY 1972.
Sincerely,
/s/ Jimmy Carter Governor

Mr. Sweat of the 65th District, Vice-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 Senate and has instructed me to report same back to the House with the following recommendation:

SB 308. Do Pass.

Respectfully submitted,

Sweat of the 65th,

Vice-Chairman.

FRIDAY, MARCH 12, 1971

2945

Mr. Lambert of the 25th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HR 297. Do Pass.

SR 16. Do Pass.

Respectfully submitted, Lambert of the 25th, Vice-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 Senate and has instructed me to report same back to the House with the following recommendations:
SB 39. Do Pass, as Amended. SB 217. Do Pass. SB 222. Do Pass. SB 267. Do Pass. SB 268. Do Pass. SB 284. Do Pass. SB 315. Do Pass. SB 331. Do Pass. SB 336. Do Pass.
Respectfully submitted, Levitas of the 77th, 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:

2946

JOURNAL OF THE HOUSE,

Secretary of State State Capitol Atlanta 30334

March 12, 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, February 22, 1971, until adjournment of the 1971 Regular Session of the Georgia General Assembly, 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 Received: /s/ Glenn W. Ellard

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 four pages of photographed matter hereto attached contain the names of those persons (numbered 250-280) along with the respective persons, firms, corporations or associations they represent, who have registered in the Docket of Legislative Appearances, as of the close of the 1971 Regular Session of the Georgia General Assembly, 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 12th day of March, 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.
(Seal).

FRIDAY, MARCH 12, 1971

2947

250. Harry L. Wingate, Jr. Southern Peanut Warehousemen's Association Suite One Whitehead Building Albany, Georgia 31705

251. A. B. Carlan Southern Peanut Warehousemen's Association P. 0. Box 72 DeSoto, Georgia 31743

252. Jane Nemetz League of Women Voters of Georgia 125 Clifton Drive Athens, Georgia 30601

253. J. E. Sloan General Motors Corporation 417 Equitable Building Atlanta, Georgia 30303

254. William L. O'Callaghan, Jr. Dr. R. C. Wall 4000 First National Bank Tower Atlanta, Georgia 30303

255. Rosemary R. Griffith SAVE 600 Dalrymple Road Apartment 17E Atlanta, Georgia 30328

256. Horace Sibley Asian Development Bank
2500 Trust Company of Georgia Building Atlanta, Georgia 30303

257. Mrs. Neil Moran League of Women Voters of Georgia 1802 East Clifton Road, N. E. Atlanta, Georgia 30307

258. Barren Thorpe Georgia Wholesale Grocers' Assn. 909 Georgia Power Building Macon, Georgia 31201

259. Conrad Sechler Georgia Consumer Finance Association P. O. Box 87
Tucker, Georgia 30084

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JOURNAL OF THE HOUSE,

260. D. R. Gumming, Jr. American Insurance Association 3100 First National Bank Tower Atlanta, Georgia 30303

261. Ben D. Harris Home Builders Association of Georgia 3050 Acorn Road Augusta, Georgia 30906

262. Ray Willingham Georgia Hotel Motel Assocition 1725 Memorial Drive Waycross, Georgia 31501

263. Edw. P. England Georgia Restaurant Association Rhodes-Haverty Building Atlanta, Georgia 30303

264. John L. Moore, Jr. REGISTERED AGENT 1. Medical Association of Georgia Citizens & Southern National Bank Atlanta, Georgia 30303

265. Steve Fuller Underground Atlanta 44 Alabama Street, S. W. Atlanta, Georgia 30303

266. Louise Alford Atlanta Federation of Teachers 374 Maynard Terrace, S. E. Atlanta, Georgia 30316

267. B. L. Green American Society of Mechanical Engineers
1 Corporate Square Suite 130 Atlanta, Georgia 30329

268. Harold L. Russell Dr. R. C. Wall
4000 First National Bank Tower Atlanta, Georgia 30303

269. Edward H. Kay, Jr. Sears, Roebuck & Co. Tax Department 675 Ponce de Leon Avenue, N. E. Atlanta, Georgia 30308

FRIDAY, MARCH 12, 1971

2949

270. Perry A. Abelman Perry A. Abelman 949 Courtenay Drive, N. E. Atlanta, Georgia 30306
271. LeRoy Moore Home Builders Association of Georgia 407 Montgomery Crossroad Savannah, Georgia 31406
272. Alvin L. Davis Home Builders Association of Georgia 2047 Spier Street Savannah, Georgia 31406
273. William M. Bates Interstate Paper Corporation Bell & Stanton, Inc. 2016 Peachtree Center Building Atlanta, Georgia 30303
274. Roland Stubbs Home Builders Association of Georgia 2914 Poplar Street Doraville, Georgia 30040
275. J. Sam Plowden Georgia Association of Private Employment Agencies 605 Standard Federal Building Atlanta, Georgia 30303
276. Paul D. Hill Stouffer Foods Corporation 4000 First National Bank Building Atlanta, Georgia 30303
277. Carl Gillis, Jr. Adrian Housing Corporation Adrian, Georgia 31002
278. Jeff Goolsby Home Builders Association of Georgia P. O. Box 1843 Albany, Georgia 31702
279. John W. Watts The Sperry and Hutchinson Company 11 Corporate Square Suite 100 Atlanta, Georgia 30309

280. Milton C. Foster Home Builders Association of Georgia 2830 Mabry Road, N.E. Atlanta, Georgia 30319

2950

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:

HE 172. By Mr. Greer of the 95th:
A Bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education . . .", so as to provide that a female teacher or employee may designate her husband as beneficiary; and for other purposes.

HB 176. By Mr. Greer of the 95th:
A Bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County . . .", so as to provide for refund of overpayments of employees' contributions; and for other pur poses.

HB 183. By Mr. Savage of the 104th:
A Bill to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a popu lation of more than 150,000, so as to provide additional pension benefits; and for other purposes.

HB 398. By Mr. Cook of the 95th:
A Bill 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 sus pended for 30 days and other punishment as the judge shall deem ap propriate; and for other purposes.

HB 399. By Mr. Cook of the 95th:
A Bill 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 in fluence 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 582. By Messrs. Hawes of the 95th and Smith of the 3rd:
A Bill to amend Code Chapter 105-11, relating to tortious injuries to health, so as to provide that certain injections, transfusions, transplant-

FRIDAY, MARCH 12, 1971

2951

ings or transfers 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 689. By Mr. Drury of the 66th:
A Bill 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 por tions of certain city streets and alleys; and for other purposes.

HB 747. By Messrs. Longino of the 98th and Greer of the 95th:
A Bill to amend an Act creating and incorporating the City of Fairburn, in the County of Fulton, and granting a charter to that munici pality under that name and style, so as to add certain additional terri tory to the corporate limits of said city; and for other purposes.

HB 764. By Mr. McCracken of the 36th:
A Bill 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. McCracken of the 36th:
A Bill 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 807. By Messrs. Lane of the 101st, Hawes, Cook, Felton, Greer, and Horton of the 95th, Townsend of the 115th and others:
A Bill to amend an Act establishing a new Charter for the City of East Point, relating to corporate limits; and for other purposes.

HB 827. By Messrs. Connell and Dent of the 79th:
A Bill 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.

HB 880. By Messrs. Brown and Melton of the 32nd:
A Bill to amend an Act abolishing the fee system as the mode of com pensation 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.

2952

JOURNAL OF THE HOUSE,

HB 881. By Messrs. Brown and Melton of the 32nd:
A Bill 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.

HB 882. By Messrs. Brown and Melton of the 32nd:
A Bill to amend an Act abolishing the fee system as the mode of com pensation of certain Spalding County officers, so as to fix 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 amend an Act creating the Board of Commissioners of Spald ing 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 allowance provided for; and for other purposes.

HB 890. By Messrs. Smith and Adams of the 39th:
A Bill 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 915. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to amend an Act entitled "An Act to provide certain minimum standards prerequisite to the original incorporation of a municipali ty. . . ", so as to provide for new municipalities under certain con ditions; and for other purposes.

HB 929. By Messrs. Nessmith of the 44th, Russell of the 70th, Whitmire of the llth and others:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales Tax Act", so as to exempt certain machinery and equipment from the provisions of said Act; and for other purposes.

HB 939. By Mr. Ham of the 33rd:
A Bill to amend an Act creating a Board of Commissioners of Butts County, so as to change the provision relative to taking bids for purchases and sales; and for other purposes.

FRIDAY, MARCH 12, 1971

2953

HB 940. By Mr. Ham of the 33rd:
A Bill to create the Butts County Water Authority, and to authorize such Authority to acquire and maintain projects embracing sources of water supply and distribution and sale of water and related facilities to individuals, private concerns, governmental agencies and municipali ties; and for other purposes.

HB 989. By Messrs. Lee of the 21st and Smith of the 80th:
A Bill to amend Code Title 114, relating to workmen's compensation, so as to increase the number of weeks from 10 to 52 where an em ployee is incapacitated, either totally or partially, from work due to a specific member injury; and for other purposes.

HB 1019. By Mr. Murphy of the 19th:
A Bill to amend an Act relating to the tax imposed 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.

HB 1020. By Mr. Murphy of the 19th:
A Bill 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 Law", so as to change the procedure for making certain refunds; and for other purposes.

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

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 West ern and Atlantic Railroad at and adjacent to said tract of land, and for other purposes.

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.

2954

JOURNAL OF THE HOUSE,

HR 353-1043. By Messrs. Smith of the 43rd and Chandler of the 34th:
A Resolution declaring certain property of the State surplus; authoriz ing and empowering the State Properties Control Commission to sell or lease such property; and for other purposes.

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

HB 13. By Mr. Jordan of the 74th:
A Bill 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 for other purposes.

HB 137. By Mr. Ware of the 30th:
A Bill 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 225. By Mr. Thomason of the 77th:
A Bill to provide the procedure that wholesale dealers shall use in paying malt beverage taxes; and for other purposes.

HB 473. By Mr. Egan of the 116th:
A Bill 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.

HB 799. By Messrs. McDaniell of the 117th and Chandler of the 34th:
A Bill 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.

HB 782. By Mr. Busbee of the 61st:
A Bill 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 re quiring the issuance of a certificate or duplicate receipt upon payment of the tax; and for other purposes.

FRIDAY, MARCH 12, 1971

2955

HB 783. By Mr. Busbee of the 61st:
A Bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for the collection of taxes imposed on wine through a revenue reporting system; and for other purposes.

HB 784. By Mr. Busbee of the 61st:
A Bill to amend an Act establishing a continuing capital fund from which loans to counties may be made to aid in defraying the cost of property evaluation; and for purposes.

HB 785. By Mr. Busbee of the 61st:
A Bill 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 876. By Mr. Bray of the 31st:
A Bill 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 955. By Mr. Ham of the 33rd:
A Bill to amend an Act creating a Board of Commissioners of Butts County, so as to provide for a fiscal year for Butts County; to re quire the clerk of the Board of Commissioners to compile an annual budget for Butts County and to present it to the Board of Com missioners of Butts County; and for other purposes.

HB 956. By Messrs. Smith and Adams of the 39th:
A Bill 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 958. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill to amend an Act incorporating the City of Pineora, so as to provide for the appointment of special 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 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.

2956

JOURNAL OF THE HOUSE,

HB 960. By Messrs. Chance, Lane and Nessmith of the 44th:
A Bill 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.

HB 969. By Messrs. Kreeger, Howard, McDaniell, Burruss and Atherton of the 117th:
A Bill 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 to the superior court, and clerk of the court of ordinary; and for other purposes.

HB 970. By Messrs. Kreeger, Howard, McDaniell, Burruss, Housley and Atherton to 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 Atherton of the 117th:
A Bill 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 973. By Messrs. Kreeger, Howard, McDaniell, Burruss, and Atherton of the 117th:
A Bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation of the chairman of the board of commissioners; and for other purposes.

HB 974. By Messrs. Atherton, Wilson, Housley, McDaniell, Kreeger and Burruss of the 117th:
A Bill 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 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.

FRIDAY, MAECH 12, 1971

2957

HB 993. By Messrs. Dean and Mason of the 13th:
A Bill 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.

HB 994. By Messrs. Dean and Mason of the 13th:
A Bill 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.

HB 995. By Messrs. Dean and Mason of the 13th:
A Bill 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 pur poses.

HB 1003. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill 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.

HB 1004. By Messrs. Logan and Matthews of the 16th:
A Bill 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 corporate limits of the city of Athens; and for other purposes.

HB 1005. By Messrs. Leggett and Isenberg of the 67th: A Bill 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.
HB 1007. By Messrs. Milford and Mauldin of the 12th: A Bill 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.
HB 1008. By Messrs. Milford and Mauldin of the 12th: A Bill to amend an Act creating a board of commissioners of Banks County, so as to change the compensation of the chairman of the board of commissioners; and for other purposes.

2958

JOURNAL OF THE HOUSE,

HB 1009. By Messrs. Milford and Mauldin of the 12th:
A Bill to amend an Act abolishing the present method of compensating1 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.

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

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

HR 48-83. By Mrs. Merritt of the 46th: A Resolution compenating Dr. James W. Smith; and for other purposes.

HR 58-135. By Mr. Lewis of the 37th: A Resolution compensating Mr. Buddy Benton; and for other purposes.

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 88-233. By Mr. Rush of the 51st: A Resolution to compensate Tattnall County; 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 120-284. By Mr. Gignilliat of the 89th: A Resolution compensating William N. Jones; 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..

FRIDAY, MARCH 12, 1971

2959

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 and others:
A Resolution compensating the Savannah Transit Authority; 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.

HR 193-658. By Mr. Chandler of the 34th : A Resolution compensating John H. Rawlings; and for other purposes.

HR 237-733. By Mr. Odom of the 61st: A Resolution compensating Mr. Elijah Wright; 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.

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.

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.

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.

2960

JOURNAL OF THE HOUSE,

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

HB 202. By Mr. Busbee of the 61st:
A Bill to amend an Act creating the Department of Public Safety, so as to provide for incentive increases in compensation for certain members of the Department; and for other purposes.

HB 591. By Mr. Felton of the 95th:
A Bill to provide that neither the cross-examination of a witness on the same subject matter nor the introduction or evidence on the same sub ject 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.

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

HB 874. By Mr. Bray of the 31st:
A Bill 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 in come taxes; and for other purposes.

The Senate has disagreed to the House amendment to the following Bill 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 "Administration Floor Leader of the Senate" to "Majority Leader of the Senate"; and for other purposes.

The Senate has passed by requisite constitutional majority the following Bills of the House, to-wit:
HB 28. By Mr. Alexander of the 108th: A Bill to provide a uniform crime reporting system; and for other pur poses.

FRIDAY, MARCH 12, 1971

2961

HB 112. By Mr. Vaughn of the 74th:
A Bill 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 222. By Messrs. Keyton and Russell of the 70th:
A Bill to amend an Act authorizing the authorities of the several munici palities and counties to establish separate or joint planning commis sions, so as to provide the division of land into parcels where no new street is involved; and for other purposes.

HB 287. By Mr. Murphy of the 19th:
A Bill to amend Code Chapters 92-31 and 92-32, relating to the imposi tion 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.

HB 343. By Mr. Vaughn of the 74th:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", as amended, 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", as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 374. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill 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 Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 31. By Mr. Alexander of the 108th:
A Bill 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.

2962

JOURNAL OF THE HOUSE,

HB 113. By Mr. Vaughn of the 74th:
A Bill to amend an Act known as the "Georgia Highway Authority Act", which is entitled an Act to merge the Georgia Rural Roads Authority, known as the "Georgia Rural Roads Authority Act"; and for other purposes.

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

HB 1013. By Messrs. Dorminy of the 48th and Pickard of the 84th:
A Bill to authorize the governing authority of each county and munici pality of each county and municipality to license the operation of selfservice motor fuel dispensing pumps; and for other purposes.

The Senate insists on its amendment to the following Bill of the House, towit:

HB 381. By Messrs. Kreeger, Howard, Housley, Atherton, McDaniell, and Burruss of the 117th: A Bill to add one additional judge of the Superior Court of the Cobb Judicial Circuit; and for other purposes.
The Senate recedes from its amendment to the following Bill of the House, to-wit:
HB 360. By Messrs. Smith of the 3rd and Brown of the 32nd: A Bill to provide for the authentication and admissibility of medical records or copies thereof for use as evidence; 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 762. By Messrs. Keyton and Russell of the 70th, Miles and Cheeks of the 78th and others: A Bill to amend the "Georgia Retailers' and Consumers' 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.

FRIDAY, MARCH 12, 1971

2963

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

HB 735. By Messrs. Smith of the 39th, Adams of the 100th and Jessup of the 49th:
A Bill 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.

The President has appointed on the part of the Senate the following Sen ators: McGill of the 24th, Scott of the 17th and Fincher of the 51st:

The Senate has agreed to the House amendments to the following Bills 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 re lating to the obtaining of title in regard to certain classes of property; and for other purposes.

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; and for other purposes.

SB 15. By Senator Stephens of the 36th:
A Bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, so as to allow credit for prior service; and for other purposes.

SB 16. By Senator Stephens of the 36th:
A Bill to amend the Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the pay ment of pensions to County employees, so as to provide increased pay ments and credit for prior service; 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

2964

JOURNAL OF THE HOUSE,

sentences in cases of felonies not punishable by life imprisonment and other Acts relating to sentences, so as to provide for arguments of counsel in pre-sentence hearings; 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, so as to add a new Section to provide optional retirement benefits for appellate court judges in lieu of any retirement allowances and in lieu of holding of any emeritus office; and for other purposes.

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; and for other purposes.

SB 167. By Senator Ward of the 39th:
A Bill 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 purposes.

SB 274. By Senators Johnson of the 38th, Stephens of the 36th, Coggin of the 35th and others:
A Bill fixing the compensation of the board of commissioners of coun ties having a population in excess of 500,000 and providing that the commissioners shall be authorized to fix the compensation of the chair man and commissioners within certain limitations; and for other pur poses.

SB 298. By Senator Starr of the 44th:
A Bill to amend an Act creating the Board of Commissioners of Clayton County, so as to change the qualifications of the members of said Board; and for other purposes.

SB 317. By Senator Spinks of the 9th:
A Bill to provide for new terms of office of the members of the Tift County Board of Education; and for other purposes.

The Senate has agreed to the House Substitute to the following Bills and Resolutions of the Senate, to-wit:

SR 114. By Senator Reynolds of the 48th: A Resolution relating to architectural and engineering firms doing

FRIDAY, MARCH 12, 1971

2965

business with the State, so as to exempt contracts between architectural and engineering firms and the State Highway Department from the pro visions of said Resolution; to repeal conflicting laws; and for other purposes.

SR 93. By Senators Chapman of the 37th, Henderson of the 33rd, Stephens of the 36th and others:
A Resolution creating the Georgia Jail Standards Study Commission; and for other purposes.

SB 102. By Senator Rowan of the 8th:
A Bill to establish the Georgia Firefighter Standards and Training Council; to provide for its membership; 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 ex cept upon law enforcement or firefighting vehicles, or ambulances; and for other purposes.

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

HB 631. By Mr. Buck of the 84th:
A Bill 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.

HB 372. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill 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 pur poses.

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 39. By Senator Dean of the 6th: A Bill to be entitled an Act to amend an Act, so as to change the corporate limits of the City of Jessup; and for other purposes.

2966

JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 39 as follows:

By striking from the title, beginning on line 1 of page 1, the fol lowing:

"To amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved De cember 15, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 1142), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2688), an Act approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2221), and an Act approved March 4, 1966 (Ga. Laws 1966, p. 3099), so as to change the corporate limits of the City of Jesup; to provide for a referendum; to provide for all matters relative to the foregoing; to provide for the construction of this Act;",

and inserting in lieu thereof the following:

"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 lim its of the City of Jesup or have the area affected removed from the city limits of the City of Jesup; to provide for all procedures neces sary or incident to such advisory referendum; to provide for all matters relative thereto;".

By striking Section 1 of said Act, beginning on line 13 of page 1, in its entirety and inserting in lieu thereof a new Section 1, to read as follows:

"Section 1. At the next city election in the City of Jesup, an ad visory referendum shall be held to determine the desire of those peo ple living within that area of the City of Jesup hereinafter specified as to whether said area should be deannexed from the city limits of the City of Jesup. Only those persons residing within the city lim its of the City of Jesup, but residing outside the following de scribed territory which is within the City of Jesup, shall vote in said election, to-wit:
'Beginning at a point located north 46 degrees 30 minutes west a distance of 5280.0 feet from the point of intersection of the center of Cherry Street and the center of the west main line track (Savannah to Waycross) of the Seaboard Coast Line Railroad (formerly Atlantic Coast Line Railroad) in said city; thence north 43 degrees 30 minutes east a distance of 5280.0 feet; thence south 46 degrees 30 minutes east a distance of 8069.1 feet; thence north 68 degrees 11 minutes east a dis tance of 344.2 feet; thence south 68 degreess 11 minutes east a distance of 749.0 feet; thence south 46 degrees 30 minutes east a distance of 1673.3 feet; thence south 43 degrees 30 minutes west a distance of 6529.0 feet; thence south 13 degrees 30 minutes west a distance of 556.0 feet; thence north 77 degrees

FRIDAY, MARCH 12, 1971

296T

25 minutes west a distance of 280.0 feet; thence south 13 de grees 20 minutes west a distance of 404.0 feet; thence north 77 degrees 25 minutes west a distance of 310.0 feet; thence south 43 degrees 30 minutes west a distance of 1394.0 feet;
thence south 76 degrees 22 minutes east a distance of 354.4 feet; thence south 13 degrees 55 minutes west a distance of 209.8 feet; thence south 76 degrees 23 minutes east a distance of 186.7 feet; thence south 13 degrees 14 minutes west a distance of 1284.4 feet; thence north 74 degrees 59 minutes west a distance of 838.0 feet; thence south 14 degrees 24 min utes west a distance of 1733.5 feet; thence north 76 degrees 20 minutes west a distance of 749.4 feet; thence north 15 degrees
46 minutes east a distance of 466.6 feet; thence north 76 de grees 00 minutes west a distance of 1248.0 feet; thence north 14 degrees 15 minutes east a distance of 614.0 feet; thence south 76 degrees 00 minutes east a distance of 1392.5 feet; thence north 25 degrees 00 minutes east a distance of 661.8 feet; thence north 46 degrees 30 minutes west a distance of 10573.0 feet; thence north 43 degrees 30 minutes east a distance of 176.15 feet; thence north 12 degrees 41 minutes east a distance of 928.8 feet; thence north 85 degrees 42 minutes east a dis tance of 676.1 feet; thence north 43 degrees 30 minutes east a distance of 237.0 feet; thence north 2 degrees 19 minutes west a distance of 587.0 feet; thence east a distance of 400.0 feet; thence north 43 degrees 30 minutes east a distance of 1916.4 feet; thence north 46 degrees 30 minutes west a distance of 1016.0 feet; thence north 11 degrees 53 minutes east a distance of 267.2 feet; thence north 77 degrees 22 minutes west a dis tance of 429.0 feet; thence north 43 degrees 29 minutes east a distance of 456.0 feet; thence south 70 degrees 06 minutes east a distance of 927.7 feet; thence south 15 degrees 39 min utes west a distance of 313.5 feet; thence south 55 degrees 00 minutes west a distance of 99.0 feet; thence south 48 degrees 55 minutes east a distance of 552.4 feet; thence north 43 de grees 30 minutes east a distance of 496.0 feet to the point of beginning.

In addition, all of the following described territory, to-wit:

Commencing at the point where the original southeastern boundary of the City of Jesup intersects with the southeastern edge of Younce Street; thence south 77 degrees, 25 minutes east 213.2 feet to the northwestern edge of the right-of-way of U.S. Highway 301; thence south 26 degrees, 46 minutes west 1,172.0 feet to a point located on the southeastern edge of Cedar Street; thence north 77 degrees, 25 minutes west 160 feet to a point; thence north 13 degrees, 30 minutes east 556 feet to a point; thence north 46 degrees, 25 minutes west 105 feet to a point; thence north 43 degrees, 30 minutes east 619 feet to the point of beginning.' "

By striking Section 2 of said Act, beginning on line 19 of page 3, in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

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JOURNAL OF THE HOUSE,

"Section 2. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the governing authority of the City of Jesup to issue the call for the advisory referendum provided for in Section 1 of this Act. They shall set the date of such advisory referendum for a date during the month of November, 1971. Any person desiring to vote in the advisory referendum pro vided herein shall execute an affidavit stating that he is a reg istered voter of the City of Jesup and a resident of the area which is within the city limts of the City of Jesup and which is outside that area within said city limits which is specified in Section 1 of this Act. The mayor and city commissioners shall cause the date and purpose of the advisory referendum to be published once a week for two weeks immediately preceding the date thereof in the of ficial organ of Wayne County. The ballot shall have written or printed thereon the words:
'YES ( ) Do you feel that future action should be taken to deannex that area which has been annexed to
NO ( ) the city limits of the City of Jesup since January 1, 1966?'
All persons desiring that said area should be deannexed shall vote 'Yes', and those persons desiring that said area should not be deannexed shall vote 'No'. The expense of such election shall be borne by the City of Jesup. It shall be the duty of the mayor and city commissioners to hold and conduct such advisory referendum. They shall hold such advisory referendum under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the mayor and city commissioners to canvass the returns and declare and certify the result of the advisory referendum. It shall be their further duty to certify the result thereof to the Secretary of State."
By striking Section 3 of said Act, beginning on line 30 of page 4, in its entirety.

By renumbering Section 4 of said Act, beginning on line 8 of page 5, as Section 3.

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

SB 217. By Senators Tysinger of the 41st and others:
A Bill to be entitled an Act to prohibit the annexation of unincorporated areas except under certain conditions; and for other purposes.

FRIDAY, MARCH 12, 1971

2969

The report 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 222. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act, so as to provide that the mayor of the City of Colquitt may succeed himself; and for other pur poses.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 267. By Senator Parker of the 31st:
A Bill to be entitled an Act to amend an Act, so as to change the salary of the judge of the State Court of Polk 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.

SB 284. By Senator Abney of the 53rd:
A Bill to be entitled an Act to change the mode of compensating the Clerk of the Superior Court of Dade County from the fee system to an annual salary; and for other purposes.

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

2970

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.

SB 268. By Senator Parker of the 31st: A Bill to be entitled an Act to amend an Act, so as to change the com pensation of the Ordinary of Polk 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,

SB 336. By Senator Spinks of the 9th:
A Bill to be entitled an Act to create a Governmental Study Commission for 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*

SB 315. By Senators Lester of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to amend an Act, so as to change the com pensation of official court reporters 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.

FRIDAY, MARCH 12, 1971

2971

SB 331. By Senator Webb of the llth:
A Bill to be entitled an Act to create a new charter for the City of Donalsonville; and for other purposes.

The report 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. Levitas of the 77th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

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.

The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to SB 92.

Mr. Murphy of the 19th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

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 be paid for from county funds; to pro vide for longevity increases; and for other purposes.

The motion was lost.

The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

2972

JOURNAL 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 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 following Senate amendment was read:
The Senate Committee on Special Judiciary moves to amend HB 31 as follows:
By deleting the word "later"," on Page 2, Line 3, and inserting in lieu thereof the following:
"later. Provided, however, the provisions of this act shall not apply where the defendant has previously applied for a writ of habeas corpus, which has been denied, and the denial thereof af firmed by the Supreme Court of Georgia or where the writ has been granted, but the grant thereof reversed by the Supreme Court of Georgia."

Mr. Alexander of the 108th 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. Alien Atherton Battle Bell Bennett, Tom Berry Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck

Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, S. Coney, J. L. Connell Daugherty Davis, E. T. Dean, J. E. Dean, N.
Dent Dixon Dorminy

Drury Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin
Hadaway Ham Harrington

Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Jessup Johnson Jones, Herb 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. Levitas Lewis Logan Longino

FRIDAY, MARCH 12, 1971

2973

Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt
Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, L. L. Potts

Rainey Ross Rush Russell, A. B. Russell, W. B. Salem
Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T.
Sorrells Sweat Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.;

Alexander, W. M. Conger

Hudson, Ted Knowles

Stephens

Those not voting were Messrs.:

Barfield Bennett, J. T. Black Blackshear Bohannon Brown, S. P. Burruss Carr Collins, M. Colwell Coney, G. D. Cook D alley Davis, W. Dean, Gib

Edwards Egan Pelton Gunter Hamilton Hill, B. L. Hill, G. Isenberg Keyton Leggett Matthews, C. Miller Moore Patterson Phillips, W. R.

Pickard Pinkston Poole Reaves Roach Russell, H. P. Shepherd Smith, J. R. Snow Strickland Thomason Townsend Wheeler, Bobby Wheeler, J. A. Mr. Speaker

2974

JOURNAL OF THE HOUSE,

On the motion, the ayes were 145, nays 5.

The motion prevailed and the Senate amendment to HB 31 was agreed to.

Mr. Carr of the 35th stated that he had been called from the floor of the House when the roll was called on the motion to agree to the Senate amendment to HB 31, and wished to be recorded as voting "aye".

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.

The following Senate amendment was read:
Senator Bateman of the 27th moves to amend HB 734 as follows:
A new sub-section (6) should be added to Section 7A(d) as follows:
"(6) Deposit of Securities.--The Commissioner may allow the deposit of securities acceptable to him in lieu of either the cash deposit or surety bond referred to in this paragraph. The value of securities deposited shall be double the amount of the cash deposit or surety bond required under Section 7A(d) (1) of this Act."

Mr. Lee of the 21st moved that the House agree to the Senate amendment.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton Battle Bell Bennett, Tom Berry Black Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee

Carr Carter Chance Chandler Chappell Cheeks Clements Collier Collins, S. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

Dixon Dorminy Drury Egan Evans Ezzard Parrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Greer Griffin Hadaway

Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup 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 Lewis Logan

FRIDAY, MARCH 12, 1971

2975

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 Odom Oxford Patten Pearce Peters Phillips, G. S. Pinkston Poole

Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sweat Thompson, A. W.
Triplett Tripp Turner
Vaughn Ware Westlake Wheeler, J. A.
Whitmire Williams Wilson
Wood

Voting in the negative was Mr. W. M. Alexander.

Those not voting were Messrs.:

Alien Barfield Bennett, J. T. Blackshear Bohannon Brantley, H. L. Brown, S. P. Burruss Cole
Collins, M.
Colwell
Coney, G. D.
Cook
Dailey
Edwards

Felton Grantham Gunter Hamilton Hill, G. Hood Isenberg Johnson Keyton
Levitas
Moore
Nunn
Patterson
Phillips, L. L.
Phillips, W. B.

Pickard Russell, H. P. Shepherd Snow Sorrells Stephens Strickland Thomason Toles
Townsend
Wamble
Wheeler, Bobby
Mr. Speaker

2976

JOURNAL OP THE HOUSE,

On the motion, the ayes were 151, nays 1.

The motion prevailed and the Senate amendment to HB 734 was agreed to.

HB 918. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to amend an Act, so as to provide for the setting of salaries of the sheriff and certain other county officers of Wayne County; and for other purposes.
The following Senate substitute was read:
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, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, so as to change the salaries of the Sheriff, the Clerk of the Superior Court, and the Chief Deputy Clerk of the Superior Court; 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 placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compen sation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, 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. The Sheriff of Wayne County shall receive a salary of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The Sheriff shall have the au thority to appoint, remove, classify and fix the compensation of such deputies, file clerks, jailers and other personnel as the Sheriff may deem necessary to properly carry out the functions of his office, provided, however, that the number of such personnel and their compensation shall be subject to the approval of the governing authority of Wayne County; provided further, that in the event the governing authority of Wayne County shall create a county police force as authorized by a resolution proposing an amendment to the Constitution of Georgia, ratified November 6, 1962 (Ga. Laws 1962, p. 1117), thereby relieving the Sheriff of Wayne County from law enforcement duties and duties as jailer, then, and in that event the Sheriff shall receive a salary of $6,000.00 per annum.
It shall be the duty of the governing authority of Wayne County to provide or cause to be provided sufficient vehicles, radios, uniforms, office supplies and other equipment as well as the

FRIDAY, MARCH 12, 1971

2977

cost of the operation and maintenance thereof, as may be reason ably necessary to permit the Sheriff of Wayne County to properly carry out the duties of his office."

Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:

"Section 3. The Clerk of the Superior Court of Wayne County shall receive a salary of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The Clerk is hereby authorized to appoint a Chief Deputy, who shall receive
a salary of $7,200.00 per annum, to be paid in equal monthly install ments from the funds of Wayne County. The expenses of the office of the Clerk of the Superior Court, such as desks, paper and other supplies, shall be furnished and paid for from the funds of Wayne County upon approval of the governing authority of Wayne County. No clerical help shall be employed by the Clerk without the ap
proval of the governing authority of Wayne County, and in the event such approval is given, the compensation of such clerical help shall be fixed by the governing authority of Wayne County and
shall be paid in equal monthly installments from the funds of Wayne County."

Section 3. It shall be the duty of the Ordinary of Wayne County to issue the call for an election for the purpose of submitting this Act to the voters of Wayne County for approval or rejection. The Ordinary shall set the date of such election for Tuesday, November 7, 1972. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wayne County. The ballot shall have written or printed thereon the words:

"YES ( ) Shall Section 1 of the Act amending 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
NO ( ) of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, so as to set the salary of the Sheriff at $12,000.00 per year, be approved?"

All persons desiring to vote in favor of the Act shall vote "Yes", and those 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 Wayne County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 4. It shall be the duty of the Ordinary of Wayne County to issue the call for an election for the purpose of submitting this Act to

2978

JOURNAL OP THE HOUSE,

the voters of Wayne County for approval or rejection. The Ordinary shall set the date of such election for Tuesday, November 7, 1972. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wayne County. The ballot shall have written or printed thereon the words:

"YES ( ) Shall Section 2 of the Act amending 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
NO ( ) of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, so as to set the salary of the Clerk of the Superior Court at $12,000.00 per year; and to set the salary of the Chief Deputy Clerk of the Superior Court at $7,200.00 per year, be ap proved?"

All persons desiring to vote in favor of the Act shall vote "Yes", and those 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 Wayne County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Harrison of the 58th 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 918 was agreed to.
HB 991. By Mr. Harrison of the 58th: A Bill to be entitled an Act to amend an Act, so as to increase the size of the Board of Education of Wayne County; and for other purposes.

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 991 as follows:

FRIDAY, MARCH 12, 1971

2979

By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. It shall be the duty of the Ordinary of Wayne County to issue the call for an election for the purpose of submitting this Act to the voters of the Wayne County School District for approval or rejection. The Ordinary shall set the date of such election for the same date as the general primary in 1972. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Wayne County. The ballot shall have written or printed thereon the words:

'YES ( ) Shall the Act increasing the size of the Board of Education of Wayne County and providing that the County School Superintendent shall be appointed by
NO ( ) the Board of Education, and for other purposes be approved?'

All persons desiring to vote in favor of the Act shall vote 'Yes',

and those 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 Wayne County. It shall be the duty of the Ordinary

to hold and conduct such election. He shall hold such election under the

same laws and rules and regulations as govern special elections, except

as otherwise provided herein. It shall be the duty of the Ordinary to

:

canvass the returns and declare and certify the result of the election.

It shall be his further duty to certify the result thereof to the Secre

tary of State."

By renumbering Section 4 as Section 5.

By adding a new Section 4, to read as follows:

"Section 4. If this Act shall be approved in the referendum pro vided for in Section 3 of this Act, the additional member of the Board of Education of Wayne County added by the provisions of this Act shall be elected in a special election which shall be held on the first Tuesday after the first Monday in November of 1972. Said member shall take office on the first day of January following his election and shall serve for a term of office of four years and until his successor is duly elected and qualified."

Mr. Harrison of the 58th 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 991 was agreed to.

2980

JOURNAL OP THE HOUSE,

HB 591. By Mr. Felton of the 95th:
A Bill to be entitled an Act to provide that neither the cross-examination 6f 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.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 38-17, relating to examination, so as 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 con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 38-17, relating to examination, is hereby amended by adding a new Code Section, to be designated as Code Sec tion 38-1713, to read as follows:
"38-1713. 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.

Mr. Felton of the 95th 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
Alexander, W. H. Alien Atherton Battle Bell Bennett, Tom

Berry Black
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. 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 Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl
Granade Grantham
Griffin Gunter Ham Hamilton Harrington
Harris Harrison Hawes Hays Horton

FRIDAY, MARCH 12, 1971

2981

Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson
Jessup Jones, Herb Jones, J. R.
Jordan
Keyton King Knight Knowles Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Lewis Logan Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt
Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith
Noble Northcutt Nunn

Odom
Oxford
Patten Pearce Peters Phillips, L. L.
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, V. T. Sorrells Stephens Strickland Sweat Thompson
Toles Triplett
Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin
Alexander, W. M. Barfield Bennett, J. T. Blackshear Bohannon

Brown, S. P. Buck Colwell Coney, G. D. Dailey Egan

Farrar Greer Hadaway Hill, B. L. Hill, G. Hood

2982
Isenberg Johnson Kreeger Lane, W. J. Leggett Levitas McCracken

JOURNAL OF THE HOUSE,

Moore
Murphy Patterson Phillips, G. S. Phillips, W. R. Pickard Russell, W. B.

Smith, J. R.
Snow Thomason Townsend Vaughn Mr. Speaker

On the motion, the ayes were 157, nays 0.

The motion prevailed and the Senate substitute to HB 591 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

SB 289. By Senators Holloway of the 12th, Gillis of the 20th and Kidd of the 25th:
A Bill to be entitled an Act to amend the Georgia Public Assistance Act of 1965, so as to provide that hearings and judicial review of final decisions by the Department of Family and Children Services shall be conducted with the applicable provisions of the Georgia Administrative Procedure Act; and for other purposes.

The following substitute, offered by Mr. Adams of the 100th, was read and adopted:
A BILL
To be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion, approved March 10, 1971 (Act No. 12 of the 1971 General As sembly) , so as to provide a procedure whereby employees of the Legis lative Branch of Government may be granted Merit System status; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 10, 1971 (Act No. 12 of the 1971 General Assembly), is hereby amended by adding between Section 1 and Section 2 a new Section, to be numbered Section 1 A, and to read as follows:

FRIDAY, MARCH 12, 1971

2983-

"Section 1A. Any other provisions of this Act to the contrary notwithstanding, an employee of the Legislative Branch of Govern ment may become a covered employee in the manner as provided for hereinafter. As relates to employees in the office of the Lieu tenant Governor and employees of the Senate, its officers and its committees, the Lieutenant Governor shall act. As relates to em ployees in the office of the Speaker of the House of Representatives and employees of the House, its officers and its committees, the Speaker of the House shall act. As relates to employees in the office of the Secretary of the Senate, the Secretary of the Senate shall act. As relates to employees in the office of the Clerk of the House of Representatives, the Clerk of the House shall act. As relates to employees in the office of Legislative Counsel, the Legislative Counsel shall act. As relates to employees in the office of the Legislative Budget Analyst, the Legislative Budget Analyst shall act. As relates to employees in the office of fiscal officer, the fiscal officer shall act. The above officers or officials shall notify the State Merit System, in writing, the positions, employees or employee which are to become a covered position or covered employee under the provisions of this Act and the effective date thereof. On said date, the provisions of this Act as they relate to such covered em ployees shall apply."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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

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

Those voting in the affirmative were Messrs.:

Adams, 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 Collier Collins, M. Collins, S. Coney, G. D. Conger Connell Cook Daugherty Davis, E. T.

2984
Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Drury Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat 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 Jessup Johnson Jones, Herb Jones, J. R.

JOURNAL OF THE HOUSE,

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 Longino 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, G. S. Phillips, L. L. Phillips, W. R. Pinkston
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, V. T. Snow Sorrells Stephens Sweat Toles Town send Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Barfield Bennett, J. T. Blackshear Colwell Coney, J. L. Dailey Dean, M. Egan Ezzard

Grahl Hill, B. L. Hood Isenberg Leggett Moore Murphy Northcutt Pickard

Rainey Reaves Smith, J. R. Strickland Thomason Thompson Wheeler, Bobby Mr. Speaker

FRIDAY, MARCH 12, 1971

2985

On the passage of the Bill, by substitute, the ayes were 169, nays 0.

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

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

SB 177. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend the Georgia Insurance Code, so as to provide that insurers may invest in obligations issued by the Asian Development Bank; and for other purposes.

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. Barfield Battle Bennett, Tom Berry Black Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Chance Chandler Chappell Cheeks Clements

Collier Collins, M. Coney, G. D. Coney, J. L. Conger Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Evans Ezzard Felton Gaynor Gignilliat Grahl Grantham Greer Griffin Hadaway Harris

Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Keyton King Knight Lambert Larsen Lee, W. S. Longino Lowrey Marcus Mason Mauldin Maxwell McCracken McDaniell

2986
McDonald Melton Merritt Miles Miller Morgan Moyer Mulherin Mullinax Northcutt Nunn Odom Oxford Patten Peters

JOURNAL OF THE HOUSE,

Phillips, G. S. Phillips, L. L. Pinkston Poole Rainey Russell, A. B. Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells

Strickland Sweat Thompson Toles Townsend Triplett Tripp Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Atherton Bennett, J. T. Bostick Burruss Carter Cole Collins, S. Cook Edwards Floyd, L. R.

Geisinger Gunter Ham Knowles Kreeger Lane, W. J. Larsen, G. K. Lewis Matthews, D. R. Nessmith

Patterson Pearce Phillips, W. R. Potts Ross Salem Savage Williams

Those not voting were Messrs.:

Adams, G. D. Alien Bell Blackshear Bowen Colwell Dailey Dean, J. E. Dorminy Egan Farrar Floyd, J. H. Fraser Gary Granade Hamilton

Harrington Harrison Hawes Hill, B. L. Hill, G. Hood Isenberg Jones, Herb Jordan Lane, Dick Lee, W. J. (Bill) Leggett Levitas Logan Matthews, C. Milford

Moore Murphy Noble Pickard Reaves Roach Rush Russell, H. P. Russell, W. B. Shepherd Stephens Thomason Turner Whitmire Wood Mr. Speaker

On the passage of the Bill, the ayes were 119, nays 28.

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

FRIDAY, MARCH 12, 1971

2987

SB 255. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act, so as to make it unlawful 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.

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 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 Collins, S. 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 Evans Farrar Felton Floyd, L. R. Fraser Gary
Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Had away Ham Hamilton Harririgton Harrison Hawes Hays
Hill, G. Horton Housley Hudson, C. M. Hudson, Ted Hutchinson 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 Lowrey Marcus
Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble
Northcutt Odom Oxford Patterson Patten

2988
Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P.

JOURNAL OF THE HOUSE,

Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R.
Smith, V. T. Snow Sorrells Stephens Strickland

Thompson Toles Townsend Triplett Tripp Turner Vaughii Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilson

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Brown, C. Busbee Collier Collins, M. Colwell D alley Daugherty Egan Ezzard Ployd, J. H.

Harris Hill, B. L. Hood Howard Howell Isenberg Lambert Leggett Longino Mason McCracken Melton Moore

Murphy Nunn Pickard Pinkston Smith, J. R. Sweat Thomason Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 178. By Senator Holley of the 22nd:
A Bill to be entitled an Act to provide that trust funds may be lawfully invested by trustees in obligations issued by the Asian Development Bank; and for other purposes.

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, MARCH 12, 1971

2989

Those voting in the affirmative were Messrs.:

Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Bell Bennett, Tom Bohannon Bond Brantley, H. H. Brown, B. D. Brown, S. P. Chance Cheeks Clements Collins, M. Conger Connell Daugherty Dean, J. E. Dent Egan Ezzard Felton Gary Gaynor Gignilliat Grantham Greer

Griffin Hays Horton Housley Howell Hudson, Ted Hutchinson Jones, Herb Keyton Knight Kreeger Lee, W. J. (Bill) Lee, W. S.
Leggett Levitas Longino Lowrey Maxwell McCracken Miles Miller Morgan Mulherin
Mullinax Northcutt Oxford Peters Phillips, G. S.

Phillips, L. L. Pinkston Poole Roach Russell, A. B.
Russell, H. P. Russell, W. B. Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Thomason
Thompson Toles Townsend Triplett Turner Wamble Ware Westlake Whitmire Williams Wilson

Those voting in the negative were Messrs. :

Adams, G. D. Alien Atherton Barfield Bennett, J. T. Black Brantley, H. L. Brown, C. Busbee Cole Collins, S. Coney, G. D.
Coney, J. L.
Cook
Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Drury
Edwards

Evans Floyd, J. H. Floyd, L. R. Geisinger Granade Gunter Ham Harrington Harris Hood Hudson, C. M. Jessup
Jones, J. R.
King
Knowles
Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Lewis

Mason Mauldin McDonald Milford Moore Nessmith Noble Patterson Phillips, W. R. Potts Ross Salem
Savage
Scarborough
Shepherd
Stephens
Sweat
Tripp
Wheeler, J. A.

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Those not voting were Messrs.:

Battle Berry Blackshear Bostick Bowen Bray Buck Burruss Carr Carter Chandler Chappell Collier Colwell Dailey Dixon Dorminy Parrar

Fraser Grahl
Hadaway Hamilton Harrison Hawes Hill, B. L. Hill, G. Howard Isenberg Johnson Jordan Larsen, W. W. Logan Marcus Matthews, C. Matthews, D. R. McDaniell

Melton Merritt Moyer Murphy Nunn Odom
Patten Pearce Pickard Rainey Reaves Rush Smith, V. T. Strickland Vaughn
Wheeler, Bobby Wood Mr. Speaker

On the passage of the Bill, the ayes were 82, nays 69.

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

Mr. Greer 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 SB 178.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 735 has met and submits the following recommendations:

FRIDAY, MARCH 12, 1971

2991

That the House recede from its position and that the Senate amend ment be adopted.
Respectfully submitted,
FOR THE SENATE
/s/ Sam P. McGill Senator, 24th District
/s/ Jack C. Fincher, Sr. Senator, 51st District
/s/ Turner R, Scott Senator, 17th District

FOR THE HOUSE
/s/ G. D. Adams Representative, 100th District
/s/ Ben Jessup Representative, 49th District
/s/ J. R. Smith Representative, 39th District

Mr. Adams of the 100th moved that the report of the Committee of Confer ence 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. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Carr

Carter Chance Chandler
Chappell Cheeks Clements Cole Collier Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dixon

Drury Edwards Ezzard
Farrar Felton Floyd, J. H. Fraser Gaynor Gignilliat Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hays Hill, G. Horton

2992
Housley Howell Hudson, C. M. Hudson, Ted Jessup Johnson Jones, Herb Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken

JOURNAL OF THE HOUSE,

McDaniell Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford
Patterson Patten Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts 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 Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, J. A. Wilson Wood

Those voting in the negative were Messrs.:

Alexander, W. M. Collins, S. Davis, W. Egan Evans

Ployd, L. R. Geisinger Granade Jones, J. R. Jordan

Larsen, G. K. Stephens Westlake

Those not voting were Messrs.:

Barfield Berry Blackshear Brown, C. Buck Burruss Busbee Colwell Dailey Dorminy Gary Grahl

Harrison Hawes Hill, B. L.
Hood Howard Hutchinson Isenberg Lee, W. J. (Bill) Levitas Matthews, D. R. Melton Murphy

On the motion, the ayes were 146, nays 13.

Pearce Phillips, W. R. Pickard Rainey Reaves Roach Stritkland
Townsend Wheeler, Bobby Whitmire Williams Mr. Speaker

FRIDAY, MARCH 12, 1971

2993

The report of the Committee of Conference on HB 735 was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Mr. Howard of the 117th moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be ap pointed on the part of the 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. Howard and Kreeger of the 117th and Roach of the 10th.

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

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.

HB 1002. By Messrs. Townsend af the 115th, Greer of the 95th and others: A Bill to be entitled an Act to create in counties a Judicial Study and

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JOURNAL OF THE HOUSE,
Compensation Commission; to define its duties, authority and power; to define the composition of said commission; and for other purposes.

HB 758. By Messrs. Davis, Westlake, Granade and Ployd of the 75th, Bell and Noble of the 73rd, Geisinger and Collins of the 72nd and others:
A Bill to be entitled an Act to create a County Commission on Efficiency and Economy in Government in each County of this State; and to pro vide for the membership, appointments, powers and duties of such com missions; and for other purposes.
The Senate has adopted, by substitute, by the requisite constitutional ma jority the following Resolution of the House, to-wit:

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 Commis sion; and for other purposes.

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

HB 985. By Messrs. Greer, Felton, Hawes, and Horton of the 95th, Mrs. Hamilton of the 112th and others:
A Bill to fix the salaries of the judges of certain of courts of Fulton County; and for other purposes.

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

HB 1017. By Messrs. Dixon and Sweat of the 65th, Wheeler of the 57th and Grantham of the 55th:
A Bill 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.

HB 1064. By Mr. Colwell of the 5th:
A Bill to amend an Act placing the Sheriff of Towns County on an an nual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.

FRIDAY, MARCH 12, 1971

2995

HB 416. By Mr. Morgan of the 23rd:
A Bill 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 943. By Messrs. Vaughn and Jordan of the 74th and Morgan of the 23rd:
A Bill to provide for a public defender for Rockdale and Newton Coun ties; to provide for the appointment, qualifications and term of office of said public defender; and for other purposes.

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

HB 549. By 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 Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 826. By Messrs. Hawes of the 95th and Melton of the 32nd: A Bill to amend an Act providing for a tax on certain deeds, instru ments, 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 thereby; and for other purposes.
HB 988. By Messrs. Smith of the 43rd and Chandler of the 34th: A Bill 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.
The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference thereon:
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 charter for the City of Marietta, so as to extend the corporate limits of said city;

2996

JOURNAL OP THE HOUSE,

to remove the conflict regarding the compensation of the mayor; and for other purposes.

The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 983 has met and recommends the following:
That the House recede from its position and that the Senate Amend ment to House Bill No. 983 be adopted.
Respectfully submitted: FOR THE SENATE: /s/ Jack Stephens
Senator, 36th District /s/ Jack Henderson
Senator, 33rd District /s/ Cyrus Chapman
Senator, 32nd District
FOR THE HOUSE: /s/ Joe Mack Wilson
Representative, 117th District /s/ Hugh Lee McDaniell
Representative, 117th District /s/ Howard Atherton
Representative, 117th District

Mr. Wilson of the 117th moved that the report of the Committee of Confer ence 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. Alexander, W. M. Collier Dorminy

Floyd, L. R. Granade Housley Lane, Dick

Savage Shanahan Wilson

FRIDAY, MARCH 12, 1971

2997

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bowen Bray Brown, B. D. Brown, C. Burruss Busbee Chance Cheeks Clements Cole Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, J. E. Dent Drury Edwards Egan Evans Farrar Fraser Gary Geisinger Gignilliat Grahl

Grantham Griffin Gunter Hadaway Ham Hamilton Harrington Hawes Hays Hill, G. Horton Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup
Jones, Herb Jones, J. R. Keyton King Knight Kreeger Lambert 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 Melton Merritt Milford Moore Morgan

Moyer Mulherin
Murphy Northcutt Nunn Odom Oxford Patterson Pearce Peters
Phillips, G. S. Potts Rainey Reaves Roach Rush Russell, A. B. Russell, W. B. Salem Scarborough Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat
Thomason Toles Townsend Triplett Trip Turner Vaughn Wamble Westlake Whitmire Williams Wood

Those not voting were Messrs. :

Bell Blackshear Bostick Brantley, H. H. Brantley, H. L. Brown, S. P. Buck Carr

Carter Chandler Chappell Collins, M. Colwell
Dailey Davis, E. T. Dean, Gib

Dean, N. Dixon
Ezzard Felton Floyd, J. H. Gaynor Greer Harris

2998
Harrison Hill, B. L. Hood Howell Isenberg Johnson Jordan Knowles Lane, W. J. Larsen, W. W. Lewis

JOURNAL OP THE HOUSE,

Longino McDonald Miles Miller Mullinax Nessmith Noble Patten Phillips, L. L. Phillips, W. R. Pickard

Pinkston Poole Ross Russell, H. P. Sherman Strickland Thompson Ware Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 11, nays 127.

The report of the Committee of Conference on HB 983 was rejected.

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 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, as amended, so as to change the times which the State Depository shall meet; to place additional duties upon the Board; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 100-1, relating to State Depositories, as amended, particularly by an Act approved March 23, 1960 (Ga. Laws 1960, p. 1144), and an Act approved April 25, 1969 (Ga. Laws 1969, p. 681), so as to change the membership of the State Depository Board; to change the times which the State Depository Board shall meet; to place additional duties upon the Board; to establish a policy for depositing State funds; to change the methods and provisions for determining the amount of bond of State depositories; to change the circumstances under which such bonds are required; to provide that the board shall advise itself of the financial condition of State deposi tories ; to provide for notification to depositories of certain unauthorized signatures and alterations; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

FRIDAY, MARCH 12, 1971

2999

Section 1. Code Chapter 100-1, relating to State Depositories, as amended, particularly by an Act approved March 23, 1960 (Ga. Laws 1960, p. 1144), and an Act approved April 25, 1969 (Ga. Laws 1969, p. 681), is hereby amended by inserting in Code Section 100-101, relating to the State Depository Board, in the first sentence thereto between the word "Banks," and the word "and" the words, "the State Revenue Com missioner" and by striking the last sentence thereof, so that when so amended Code Section 100-101 shall read as follows:

"100-101. State Depository Board; creation, membership; nam ing and appointment of depositories.--A State Depository Board (herein called the Board) is created, consisting of the Governor, the Comptroller General, the State Auditor, the Superintendent of Banks, the State Revenue Commissioner and the State Treasurer, who shall act as administrative officer of the Board, a majority of whom shall constitute a quorum, and the acts of the majority of whom shall be the acts of the Board. The Board in its discretion may from time to time name and appoint as State depositories of State funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation.

Section 2. Said Code Chapter is further amended by inserting be tween Code Sections 100-101 and 100-102 a new Section, to be known as Section 100-101.1, to read as follows:

"Section 100-101.1. (a) The Board shall meet at least once each 30 days. The records and proceedings of the Board shall be available to inspection by each Chairman of the Appropriations Com mittees of the General Assembly, and at the beginning of each quar ter, the Board shall furnish to each such Chairman a list of all State deposits, the amount in each depository, the interest which has accrued during the preceding quarter, and the physical location of the depository.

(b) Compatible with the desirability of placing all State funds on deposit among State depositories and the necessity to maximize the protection of State funds on deposit, the policy to be followed by the Board shall be that there will accrue to the State an advanta geous yield of interest on its funds in excess of those required for current operating expenses, in accordance with sound business man agement practices."

Section 3. Said Chapter is further amended by adding at the end of Code Section 100-104, relating to bonds of depositories, the following sentence:

"The State Depository Board may, in its discretion, waive the requirement of such bond as to demand deposits in a depository.",

so that when so amended said Code Section shall read as follows:

"100-104. Bonds of depositories; recording; amount; evidence.-- Said depositories shall, before entering upon the discharge of their

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JOURNAL OP THE HOUSE,

duties, by their proper officers, execute bonds, with good and suf ficient securities, to be fixed and approved by the Governor. Said bonds shall be conditioned for the faithful performance of all such duties as shall be required of them by law, and for a faithful ac counting for the money or effects that may come into their hands during their continuance in office. Said bonds shall be filed and re corded in the executive office, and copies thereof, certified by one of the Governor's secretaries under the seal of the Executive De partment, shall be received in evidence in lieu of the original in any of the courts; and said bonds shall have the same binding force and effect as the bond required by law to be given by the State Treas urer, and, in case of default, shall be enforced in like manner. In determining the amount of the bond to be given by a depository under this section, the Governor shall so fix the same as to make it not less than the amount of money to be intrusted to said depository, and in no case shall a larger amount of money be deposited in any depository than the amount of the bond, and the Governor may at any time require additional bond, if necessary, to cover fully the amount deposited or intended to be deposited in such bank. The State Depository Board may, in its discretion, waive the require ment of such bond as to demand deposits in a depository."

Section 4. Said Chapter is further amended by adding at the end of Code Section 100-105 the following:
"; but the State Depository Board may, in its discretion, not require that security be given in the case of special deposits and operating funds placed in demand deposit checking accounts.",
so that when so amended, said Code Section shall read as follows:
"100-105. Authority of Depository Board to determine amounts to be deposited.--The State Depository Board shall be authorized to determine, from time to time, in respect to all State funds, whether deposited by the State Treasurer or any other department or agency of the State Government, any and all of the following:
(a) The maximum amount of State money which may be de posited in a particular depository;
(b) The maximum and minimum portion of State funds which may be deposited in a particular depository;
(c) The amount of State funds to be deposited in particular State depositories as time deposits, as hereinafter defined, and the periods of such deposits.
Provided that all State depositories shall give security for State deposits as now required by law; but the State Depository Board may, in its discretion, not require that security be given in the case of special deposits and operating funds placed in demand deposit checking accounts."

FRIDAY, MARCH 12, 1971

3001

Section 5. Said Chapter is further amended by striking in its en tirety Code Section 100-106, relating to the duties of the State Treasurer as an advisor to the State Depository Board, and substituting in lieu thereof the following:

"100-106. State Depository Board to advise itself of financial condition of State depositories.--It shall be the duty of the State Depository Board to keep itself advised from time to time, of the financial condition of the various State depositories, as well as of the financial condition and standing of the securities on the bonds of such depositories, and if at any time the board should become satisfied of the insolvency of any of the depositories, or that the affairs of any of said depositories are in an embarrassed condition, it shall be the duty of the board to direct the treasurer to withdraw the money of the State from such depository. In case the board should be advised of the insolvency of the securities on the bond of any of said depositories, it shall be the treasurer's duty to notify such depository to strengthen said bond, and if at the end of 10 days said bond is not strengthened, it shall be the duty of the board to direct the treasurer to withdraw the money of the State from such depository. In either event, the board may also withdraw designation as a State depository."

Section 6. Said Chapter is further amended by striking in its en tirety Code Section 100-108, relating to bonds and securities required of State depositories, and substituting in lieu thereof the following:

"100-108. State's deposit limited to amount of bond. Securities in lieu of bond.--(a) The Treasurer of this State cannot deposit at any one time or have on deposit at any one time in any of the depositories for a time longer than 10 days a sum of money be longing to the State under a contract with the depository providing for the payment of interest by a depository which has not given a bond to the State in the amount as determined by the State De pository Board. The bond to be given by State depositories, where such bonds are required, whether State or national banks, shall be a surety bond signed by surety company duly qualified and au thorized to transact business within this State in a sum as so re quired. In lieu of such a surety bond, the State depository may de posit with the State Treasurer:

(1) bonds, bills, certificates of indebtedness, notes or other obligations of the United States or of this State; or

(2) bonds, bills, certificates of indebtedness, notes or other obligations of the counties or municipalities of this State; or

(3) bonds of any public Authority created by law, if the statute creating such Authority provides that the bonds of such Authority may be used for this purpose, and such bonds have been duly validated as provided by law, and as to which there has been no default in payment either of principal or interest; or

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(4) industrial revenue bonds or bonds of development Au thorities which have been duly validated as provided by law and as to which there has been no default in payment either of principal or interest.

(b) A State depository may secure deposits made with it in part by a surety bond and in part by a deposit of any or all of the bonds, bills, certificates of indebtedness, notes or other obligations above mentioned or by either method. A State depository may de posit with the State Treasurer bonds, bills, certificates of indebted ness, notes or other obligations of a subsidiary corporation of the United States Government, which are fully guaranteed by the United States Government both as to principal and interest, and the guarantee of the Federal Deposit Insurance Corporation shall be accepted as collateral by the State Treasurer to cover State funds on deposit in State depositories to the extent authorized by the Federal law governing the Federal Deposit Insurance Corpora tion. A State depository may secure deposits made with it in part by surety bond and in part by deposit of any or all of the bonds above mentioned, or by either method. The State Depository Board may, however, determine that such security will be required only in the
case of time deposits under a contract providing for the payment of interest."

Section 7. Said Chapter is further amended by adding at the end thereof a new Code Section to be numbered Code Section 100-115 and to read as follows:

"100-115. The State official or employee of any State depart ment, board, bureau, commission, committee, authority or other State agency to whom a depository bank sends the statement of ac count, paid items and related material shall notify such depository bank of the existence of any unauthorized signature or alteration appearing on any such paid item or related material. Such notifica tion shall be in writing and shall be delivered to the depository bank as soon as the unauthorized signature or alteration is dis covered, but in no event no later than 90 days from the closing date of the annual State audit for the fiscal year during which the unauthorized signature was affixed or during which the altera tion occurred. The notification shall be in lieu of any other obliga tion to discover and to report unauthorized signatures or alterations now or hereafter provided by contract or by law including, but not limited to, the provisions of Code Section 109A-4-406, as amended. The receipt of State funds or funds of any department, authority, board, bureau, commission, committee or other agency of the State by a depository bank at any time after the effective date of this Code Section shall constitute assent to the provisions thereof."

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.

FRIDAY, MARCH 12, 1971

3003

The following amendment was read and adopted:

Mr. Cole of the 3rd moves to amend the Committee substitute to SB 50 by substituting the word "members" for the words "Chairmen of the Appropria tions Committees" on line 24 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. Aadms, 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 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, Gib Dean, J. E. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gei singer Gignilliat Grahl Grantham Greer Griffin Gunter Hadaway

Ham Harrington
Harris Harrison
Hawes Hays Horton Housley Howell
Hudson, C. M. Hudson, Ted Hutchinson Jessup 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 Longino
Lowrey

3004
Marcus Mason Matthews, C. Matthews, D. E. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt

JOURNAL OF THE HOUSE,

Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. 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. Snow Sorrells Stephens Sweat Thomason Thompson
Toles Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wood

Voting in the negative were Messrs. Cole and King.

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Bohannon Burruss Colwell Dailey Dean, N. Granade Hamilton

Hill, B. L. Hill, G. Hood Howard Isenberg Johnson Murphy Oxford Phillips, W. R.

Russell, A. B. Smith, J. R. Smith, V. T. Strickland Townsend Ware Wheeler, Bobby Wilson Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 2.

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

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

HB 1064. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Sheriff of Towns County; and for other purposes.

FRIDAY, MARCH 12, 1971

3005

The following Senate amendment was read:

Senator London of the 50th moves to amend HB 1064 as follows:

By inserting in the title in lieu of "to provide for an effective date," the following:

"to provide for a referendum".

By striking Section 4 in its entirety and by inserting in lieu thereof the following new Section 4:
"Section 4. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the Ordinary of Towns County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Towns County. The bal lot shall have written or printed thereon the words:
'YES ( ) Shall the Act changing the compensation of the NO ( ) sheriff and providing for a deputy sheriff and
providing for the furnishing of a car be ap proved?'
All persons desiring to vote in favor of the Act shall vote 'Yes', and those 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, other wise it shall be void and of no force and effect. The expense of such election shall be borne by Towns County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and de clare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Mr. Colwell of the 5th 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 1064 was agreed to.

HB 416. By Mr. Morgan of the 23rd: A Bill to be entitled an Act to amend an Act, so as to change the pro-

3006

JOURNAL OF THE HOUSE,

visions relative to the election of the members of the Board of Educa tion of Newton County; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 416 as follows:
By inserting in the title on line 6 of page 1, following the word "county;", the following:
"to change the qualifications and terms of office of members;: to provide for a referendum;".
By inserting in Section 2, beginning on line 23 of page 1, following the words " 'from which he qualified',", the following:
"and by striking from Section 3 the following: 'a freeholder',".
By striking from the material quoted in Section 2 as Section 3, on line 1 of page 2, the following:
", a freeholder,".
By renumbering Sections 3, 4 and 5 as Sections 4, 5 and 6 re spectively.
By inserting a new Section, to be known as Section 3, to read as follows:
"Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4, to read as follows:
'Section 4. At the general election conducted in 1972 there shall be elected members of the Board of Education of Newton County from Districts 1, 2 and 3. The members so elected shall serve for an initial term of office of four years and until their respective suc cessors are duly elected and qualified. At the general election to be held in 1974 the members of the Board of Education of Newton County from Districts 5 and 7 shall be elected for an initial term of office of four years and until their respective successors are duly elected and qualified. At the general election in 1976 the members of the Board of Education of Newton County from Districts 4 and 6 shall be elected for an initial term of office of two years and until their respective successors are duly elected and qualified. Fol lowing the initial term of office provided herein, the term of office of all members of the Board of Education shall be four years and until their respective successors are duly elected and qualified. Nothing contained herein shall affect the term of office of any member of the Board of Education of Newton County in office on

FRIDAY, MARCH 12, 1971

3007

July 1, 1971. Successors who are elected to succeed the members of the Board of Education of Newton County in office on July 1, 1971, shall be elected at the general election which is conducted in that year in which the respective terms of office of such members shall expire, and they shall take office on the first day of January following their election.' "

By striking the first two sentences of the material presently num bered as Section 4, which is to be renumbered as Section 5 as hereinabove provided, beginning on line 1 of page 3, and inserting in lieu thereof the following:

"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 becomes law, it shall be the duty of the Ordinary of Newton County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call.",

and by striking from said Section, beginning on line 11 of page 3 the following:

"YES ( ) Shall the Act changing the method of election of members of the Board of Education, so that the mem-
NO ( ) bers from each district will be elected by the qualified electors of the Newton County School District, be approved?",

and by inserting in lieu thereof the following:

"YES ( ) Shall the Act changing the method of election, quali fications, and terms of office of members of the
NO ( ) Board of Education of Newton County be approved?".

Mr. Morgan of the 23rd 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 416 was agreed to.
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; and for other purposes.
The following Senate amendment was read:

3008

JOURNAL OF THE HOUSE,

The Senate Committee on County and Urban Affairs moves to amend HB 943 as follows:

By striking lines 22, 23, 24 and the first word of line 25, "Qualified" of page 1, and substituting in lieu thereof the following:

"The Public Defender shall be appointed for an initial term to serve until July 1, 1973, and until his successor is appointed and qualified, and thereafter the Public Defender shall be appointed for subsequent terms of two years, beginning from the date of his ap pointment, and until his successor is appointed and qualified.".

By adding after the word "indigent" in subsection (b) of Section 3, on page 3, a new sentence to read as follows:

"That the determination of indigency under this section should be made at time of arraignment or prior thereto if requested by said indigent.".

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 943 was agreed to.

HB 549. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act, so as to change the pro visions relative to the election of the members of the Board of Commissioners of Newton County; and for other purposes.
The following Senate amendment was read:
The Sentae Committee on County and Urban Affairs moves to amend HB 549 as follows:
By inserting after the words "compensation of the Commissioners;", on line 6 of page 1, the following:
"to change the terms of the Commissioners; to change the pro visions relative to the duties, powers, authority and meetings of the Chairman and the Board of Commissioners; to provide for calling matters before the Board; to provide for issuance and signing of checks and vouchers; to provide for a budget; to provide for a fiscal year; to provide for the selection and duties of the county attorney; to provide for all matters relative thereto;".

FRIDAY, MARCH 12, 1971

3009

By inserting after line 9 of page 2 the following:

"Section 3. Said Act is further amended by striking the period after the words 'six years, and until their successors are elected and qualified' in the fourth sentence of Section 4 and inserting in lieu thereof the following:

': Provided, however, that all candidates elected after July 1, 1971, as Commissioner from Districts 3 and 5 shall be elected for terms of four years each, and until their successors are elected and qualified.',

so that when so amended Section 4 shall read as follows:

'Section 4. At the General election conducted in 1968, there shall be elected the first members of the Board of Commissioners of Roads and Revenues of Newton County as herein provided. The candidate elected from District 4 shall take office on the first day of January following his election and shall serve for a term of of fice of two years and until his successor is duly elected and quali fied. The candidates elected from Districts 1 and 2 shall take office on the first day of January following their election and shall serve for a term of office for four years and until their successors are duly elected and qualified. The candidates elected from Districts 3 and 5 shall take office on the first day of January following their election and shall serve for a term of office of six years and until their successors are duly elected and qualified: Provided, however, that all candidates elected after July 1, 1971, shall be elected for terms of four years each and until their successors are elected and qualified. Thereafter, members who are elected to succeed the initial members of the Board of Commissioners of Roads and Revenues of Newton County, as provided for herein, shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of six years and until their successors are duly elected and qualified.'

Section 4. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6, to read as follows:

'Section 6. (a) The Board of Commissioners of Newton County shall be the policy making body of Newton County. The Chairman of the Board shall be the administrative officer of the county and unless otherwise prohibited, his acts shall be binding unless four members of the Board shall make their objections known, stating the reasons therefor, at an official meeting of the Board, or if a meeting is not scheduled to be held prior to said action by said Chairman, then four members of the Board shall make their objections known to the Chairman, in writing, stating their objec tions and the reasons therefor, and said action by the Chairman shall be stayed until the next official meeting of the Board.

(b) The Board of Commissioners shall at no time enter into any

3010

JOURNAL OP THE HOUSE,

administrative acts, contact employees or personnel of said county in relation to any duty or work habits of said employee, requesting any service or actions on the part of said employee except through the Chairman, unless as hereinafter set out in Section 7B(4).
(c) The Chairman of the Board of Commissioners shall have power and authority to hire and fire any and all employees; pro vided, however, that salary and wage ranges and number of em ployees in each range shall be set by the Board at their first meeting of each year. It shall be at the discretion of the Chairman as to the amount to be paid within said range. The Chairman shall report to the Board at its regular monthly meetings all positions to be filled in the ensuing month and all suspensions or replacements thereof which took place in the prior month. All said reports shall be spread upon the minutes of the Board.' "
By striking from line 10 of page the following:
"Section 3",
and inserting in lieu thereof the following:
2 "Section 5."
By adding after line 2 of page 3 the following:
"Section 6. Said Act is further amended by adding after Sec tion 7, a new Section, to be numbered Section 7A, to read as fol lows:
'Section 7A. The Chairman and all Board members are hereby authorized to receive not in excess of $25.00 per day for actual and necessary expenses, exclusive of mileage or transportation fares actually expended, when said Chairman and Board members are out of town overnight on county business. All actual and necessary ex penses paid to the Chairman and any Board member shall be paid only upon presentation of an itemized statement of said expenses.'
Section 7. Said Act is further amended by adding a new Section after Section 7A, to be numbered Section 7B, to read as follows:
'Section 7B. (a) The Board of Commissioners shall hold one meeting per month which shall be called the regular monthly meet ing of the Board of Commissioners of Newton County, and the Board shall designate at their first meeting of the year what day of the month said regular meeting shall be held. There shall be such other special or called meetings as may be called by the Chair man during each month, and upon the refusal of the Chairman to call any special or called meeting, requested by a member, then said meeting may be held by said member posting with the Clerk of the County Commissioners his notice, in writing, at least one day in

FRIDAY, MARCH 12, 1971

3011

advance, of said meeting his intention of holding said meeting, the reason for holding said meeting, and same shall have affixed there to the signatures of three (3) members of the Board of Com missioners.

(b) Any matters which any individual member wishes to be brought before the Board shall be submitted to the Chairman in writing on the day previous to the regular meeting day or on the day previous to such called meeting. If the Chairman is out of town or cannot be located or reached, said notice may be given by leaving a written copy of the matter to be brought before the Com mission with the Clerk of the Board of Commissioners.

(c) All matters so requested by the Board shall be entered upon a calendar prepared by the Chairman, along with matters to be brought before the Board by the Chairman in an orderly fashion for the deliberations of the Board.

(d) No person or any employee or official of Newton County shall be called before said Board except by the Chairman. Should the Chairman refuse to call any person before the Board, as re quested by any member of the Board, then upon the vote of four (4) of the Commissioners, the Board may direct to the Clerk to call such person or county employee or official before the Board, all such directions by the Board shall be spread upon the minutes of the Board.

(e) Should the Chairman be absent from any meeting, then the Board shall designate by a majority vote of said Board, that the Clerk call such person, county employee or official before said Board.

(f) The Board shall set all specifications for work to be done in the county, such specifications may be delegated to the Chair man but only by an affirmative vote of three (3) members of the Board. The Board shall make periodic inspections of the county properties and of the work being carried on by the county and the Board shall make report to the first Grand Jury meeting in Newton County each calendar year of the financial condition of Newton County and of the progress of the works being carried on by the County.'

Section 8. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof the following:

'Section 12. (a) The Chairman shall make all purchases for the county or any elected officials thereof, and each purchase shall be made by purchase order, serially numbered with one copy going into the Chairman's file, one copy into the Board's file, one copy to elected official, if for elected official, and one copy for the use of the purchasing agent or other persons so designated by the Chairman to make purchases for the county. All purchase orders shall be kept in numerical order on file by the Board. Said purchase order for any single item, the cost of which exceeds $25.00, shall show the

3012

JOURNAL OF THE HOUSE,

description of the article to be purchased, the specific use to which the article is to be put, and the location where said article or ar ticles are to be used in said county.

(b) The Chairman, before making any purchase which in dividually or in an aggregate is in excess of $500.00, shall have the approval of the majority of the Board and competitive bids shall be taken; however, said bids may be waived by the unanimous consent of the Board with all five (5) Board members and the Chairman signing said purchase order and said purchase order being entered into the minutes of the Board at meeting at time of approval.

(c) The Chairman shall carry out all road work, have com plete control as to the manner and methods which said road proj ects are to be carried out; however, prior to the beginning of con struction on any road or road project, the Chairman shall bring said project to the attention of the Board, giving an estimated cost of its completion, including all labor, materials and subcontract costs which would be encountered therein.
The Board of Commissioners shall designate what road work, building or other works of the county, which shall be taken up by the Chairman. All such instructions shall be entered into the minutes. The Board shall not authorize or set forth any expendi tures which would cost in excess of the amount of funds budgeted. No work shall be instituted without the affirmative vote of three (3) Commissioners, excepting the Chairman.
(d) The Chairman's signature is required on all checks or vouchers issued by Newton County and any voucher issued and/or signed by the Chairman, shall be deemed to be signed with his full knowledge of the intent and purposes for which said check or voucher was issued.

(e) The Chairman shall present to the Board of Commis sioners at their first meeting in each month a financial statement showing to the Commissioners expenditures and income of the previous month.
(f) One of the members of the Board of Commissioners so designated shall sign each voucher or check along with the Chair man of the Board of Commissioners. Said Board shall designate from its membership such member to sign such checks and vouchers. It shall be deemed that any voucher issued and/or signed by said member of the Board had full knowledge and cognizance of what said voucher or check was paid for and purposes for which same is or was to be used. Any check or voucher so signed or issued by said member shall be considered the action of all members of the Board unless objected to, in writing, within sixty (60) days after issu ance.'
Section 9. Said Act is further amended by adding after Section 16, a new Section, to be numbered Section 16A, to read as follows:

'Section 16A. (a) The Board of Commissioners shall pre-

FRIDAY, MARCH 12, 1971

3013

pare a budget for the ensuing fiscal year to begin July 1st of each year and going through June 30th of the following year. The first budget to be prepared and submitted shall be by June 15, 1971, and by the 15th of June of each year thereafter, said budget to be pub lished in the legal organ, wherein the sheriff's advertisements ap pear in Newton County, by the first week in July of each year. Said budget shall set forth all the anticipated revenues for the en suing fiscal year, and all anticipated expenditures for the ensuing fiscal year setting forth in detail all categories where funds are to be received or expended. Said budget shall not exceed the antici pated revenues of Newton County as based upon the tax digest for the current tax year as approved and upon such other monies as were received by Newton County from all other sources during the previous fiscal year.
(b) Notwithstanding any provision of the law to the eontrary, with regard to the budget of any elected official of Newton County, who is required under law to submit a budget for the oper ation of his office to the Board of Commissioners, said Commis sioners shall have the power and authority to determine the amounts which shall represent the final budget of said official and only those amounts so determined by said Board shall be paid from the funds of the county.'
Section 10. Said Act is further amended by adding after Section 16A, a new Section, to be numbered Section 16B, to read as follows:
'Section 16B. (a) The Chairman shall submit the names of three attorneys for the position of county attorney. The Board shall, by secret ballot, select a county attorney from the three names so submitted. The county attorney so selected, and any mem ber of his firm, shall not hold any elected position while said at torney holds the position of county attorney. Said county attorney, and any member of his firm, shall not serve as attorney for any municipality, political subdivision of the State, or any State or Federal authority while said attorney holds the position of county attorney.
(b) The county attorney shall not transact any legal matters for the county, or give legal advice to any county official, without express authorization of the Chairman except on failure of the Chairman to take action. On the failure of the Chairman to so act, the Board shall, in writing, and by affirmative vote of four (4) members, instruct the Clerk of the Board to request the serv ices of the county attorney.
(c) The Board of Commissioners shall elect a Clerk of the Board.' "
By striking from line 3 of page 3 the following:
"Section 4',

and inserting in lieu thereof the following: "Section 11".

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JOURNAL OP THE HOUSE,

By striking from line 5 of page 3 the following: "Section 5",

and inserting in lieu thereof the following: "Section 12".

Mr. Morgan of the 23rd 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 549 was agreed to.

The Speaker announced the House recessed until 2:00 o'clock, P.M.
AFTERNOON SESSION The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of appointing a Committee of Conference No. 2 thereon:

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 charter 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.

Mr. Burruss of the 117th moved that a Committee of Conference No. 2 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 No. 2 on the part of the House the following members thereof:
Messrs. Burruss, Kreeger and McDaniell of the 117th.

FRIDAY, MARCH 12, 1971

3015-

The following Bill of the House was taken up for the purpose of considering the report of the Committtee of Conference thereon:

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 boards; and for other purposes.

The following report of the Committee of Conference was read:

Mr. President:

Mr. Speaker:

Your Conference Committee on House Bill 437 has met and submits the following report and recommendations:

That the Senate and House recede from their respective positions and that the attached Substitute to House Bill 437 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE:

/s/ Oliver C. Bateman Senator, 27th District

/s/ Homer M. Scarborough, Jr. Representative, 81st District

/s/ Hubert T. Hamilton Senator, 26th District

/s/ Mitch Miller Representative, 83rd District

/s/ Cy Chapman Senator, 32nd District

/s/ Dekle Coney Representative, 82nd District

/s/ B. Evans Representative, 81st District

/s/ Tom Bennett Representative, 81st District

A BILL

To be entitled an Act to amend an Act establishing the board of public education and orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as amended, particularly by an Act ap proved March 21, 1968 (Ga. Laws 1968, p. 2835), and an Act approved April 30, 1969 (Ga. Laws 1969, p. 3999), 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 qualifications for such members; to provide for residency requirements; to limit the number of terms an elected member may serve on the board; to abolish certain terms of office of the present members of the board; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal con flicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act establishing the board of public education and orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2835), and an Act approved April 30, 1969 (Ga. Laws 1969, p. 3999), is hereby amended by striking in its entirety Section 2A and substituting in lieu thereof a new Section 2A to read as follows:

"Section 2A. Notwithstanding the above provisions to the con trary, the board of public education and orphanage for Bibb County shall consist of ten members. The positions on the board shall be numbered as Posts 1 through 10, respectively. Posts 1 through 8 on the board shall be filled by the electors of the Bibb County School District electing candidates to fill such positions as hereinafter pro vided. Post No. 9 shall be filled by a councilman of the City of Macon, to be selected by the City Council of Macon. Post No. 10 shall be filled by a Bibb County Commissioner, to be selected by the Board of Commissioners of Bibb County."

Section 2. Said Act is further amended by striking in its entirety Section 2B and substituting in lieu thereof a new Section 2B to read as follows:

"Section 2B. In the 1972 general election, candidates shall be elected to fill Posts 1, 2, 3 and 4. Candidates elected to the board in said election shall take office on the first day of January follow ing their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. In the 1974 general election, candidates shall be elected to Posts 5, 6, 7 and 8. Candidates elected to said Posts shall take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and quali fied. Thereafter, successors to the initial elected members of the board shall be elected in the general election conducted immediately prior to the expiration of the term of office for which they offer as a candidate, shall take office on the first day of January follow ing their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Mem bers of the board to serve in Posts 9 and 10 shall be appointed by the respective appointing body to take office on January 1, 1973, and such members shall serve on the board at the pleasure of each respective appointive body and only so long as they are a member of the respective appointive body.

Vacancies occurring on the board other than in Posts 9 and 10 shall be filled by the remaining members of the board electing a qualified person to serve out the unexpired term of office in which the vacancies shall occur. All appointments to fill such vacancies shall be subject to the approval of the Bibb County Grand Jury in session at the time of the appointment. Vacancies which occur in Posts 9 and 10 shall be filled by the respective appointing authori ties selecting a successor."

FRIDAY, MARCH 12, 1971

3017

Section 3. Said Act is further amended by striking in its entirety Section 2C and substituting in lieu thereof a new Section 2C to read as follows:

"Section 2C. In order to be eligible to offer for election to the Board, a candidate for Post 1 must reside within the first ward of the City of Macon; a candidate for Post 2 must reside within the second ward of the City of Macon; a candidate for Post 3 must reside within the third ward of the City of Macon; a candidate for Post 5 must reside within the fourth ward of the City of Macon; and a candidate for Post 6 must reside within the fifth ward of the City of Macon. Candidates offering for election for the remain ing Posts may reside anywhere within the Bibb County School Dis trict. Elected members of the board shall be elected thereto by the electors of the Bibb County School District."

Section 4. Said Act is further amended by deleting in its entirety Section 2D and substituting in lieu thereof a new Section 2D to read as follows:

"Section 2D. No person shall be eligible to be elected to the board if he has served three consecutive terms as an elected mem ber of the Board."

Section 5. Said Act is further amended by deleting in their entirety Sections 2E and 2G.

Section 6. The terms of office of the present members of the board shall be abolished effective as hereinafter provided:

Postion 7 and 8
9, 10, 11, 12, 1 and 2 3, 4, 5 and 6

Abolished Effective
At the expiration of the regular terms of such offices in June, 1972
January 1, 1973
January 1, 1975

The Mayor of the City of Macon and the Commissioner of Bibb County who serve on the board by virtue of holding such offices shall cease to serve as members of the board on January 1, 1973.

The present members of the board serving as such upon the effec tive date of this Act shall continue to serve as members of the board until such times as are specified above.

Section 7. It shall be the duty of the Ordinary of Bibb County to issue the call for an election for the purpose of submitting this Act to the electors of the Bibb County School District for approval or re jection. The Ordinary shall set the date of such election for the Tues day following the first Monday in November in 1971. The Ordinary shall cause the date and purpose of the election to be published once

3018

JOURNAL OF THE HOUSE,

a week for two weeks immediately preceding the date thereof, in the official organ of Bibb County. The ballot shall have written or printed thereon the words:

"YES ( ) Shall the Act providing for a ten member board of public education and orphanage for Bibb County and
NO ( ) providing for the election of eight of such members be approved?"

All persons desiring to vote in favor of the Act shall vote "Yes", and those 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 elec tion shall be borne by Bibb County. It shall be the duty of the Or dinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elec tions, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 8. The provisions of Section 1 of this Act shall become ef fective on January 1, 1973. The remaining provisions shall become effective upon the approval of this Act 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. Miller of the 83rd moved that the report of the Committee of Confer ence be adopted.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the report of the Committee of Conference on HB 437 was adopted.

Mr. Gaynor of the 88th moved that the following Bill of the House be with drawn from the General Calendar and recommitted to the Committee on Banks and Banking for further study:

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 on its capital notes or debentures and to prohibit pur-

FRIDAY, MARCH 12, 1971

3019

chases by banks of its capital notes or debentures; and for other purposes.

The motion prevailed and SB 176 was withdrawn from the General Calendar and recommitted to the Committee on Banks and Banking for further study.
By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on Ways and Means and referred to the Committee on Rules:
SR 115. By Senator Holloway of the 12th:
A Resolution directing the State Revenue Commissioner to conduct a study and to submit a report to the next regular session of the General Assembly on minimum certification standards for tax assessing of ficials; and for other purposes.
The following Bills of the House were taken up for the purpose of con sidering Senate amendments and substitute thereto:
HB 758. By Messrs. Davis, Westlake, Granade and Floyd of the 75th, Bell and Noble of the 73rd and others:
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; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to create a County Commission on Efficiency and Economy in Government in each county of this State having a population of not less than 400,000 and not more than 600,000 according to the 1970 United States Decennial Census, or any future such census; to provide for the membership, appointments, powers and duties of such Commission; to provide that such Commission shall study the existing governments of the county and all cities located therein to determine whether such governmental units may function more economically and efficiently by consolidation; to provide that the Commission shall have the power to draft a proposed charter for a consolidated government and such other proposed legislation as they shall deem necessary or desirable; to provide for the employment of experts in the field of public admin istration, attorneys, and other technical assistants; to declare that the study of efficiency and economy in such governments is a public purpose for which public funds can be expended and to authorize the levying of a tax therefor as a necessary cost of administration of the county government; to provide for all procedures and matters incidental and necessary to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

3020

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. There is hereby created in and for each county of this State having a population of not less than 400,000 and not more than 600,000 according to the 1970 United States Decennial Census or any future such census, a public body and politic to be known as The Com mission on Efficiency and Economy in Government of such county, which shall consist of seventeen (17) members to be appointed as fol lows :
(a) One member shall be appointed by the Senator of the 41st Senatorial District and the Representatives of the 72nd and 73rd House Districts; one member by the Senator of the 42nd Senatorial District and the Representatives of the 77th House District; one member by the Senator of the 43rd Senatorial District and the Representatives of the 75th House District; one member by the Senator of the 55th Senatorial District and the Representatives of the 74th House District; and one member by the Representatives of the 76th House District.

(b) One member by each member of the Board of Commis sioners of DeKalb County.

(c) One member to be appointed by the President of the De Kalb Municipal Association.

(d) One member to be appointed by the Foreman of the DeKalb County Grand Jury sitting on the effective date of this Act.

(e) One member to be appointed by the President of the League of Women Voters of DeKalb County.

(f) One member to be appointed by the President of the DeKalb County Chamber of Commerce.

(g) One member to be appointed by the President of the De Kalb County P.T.A. Council.

All members so appointed shall be residents of DeKalb County.

Section 2. It shall be the function and duty of such Commission to conduct such studies as it deems necessary into the structures, functions and operations of such county and all local governments operating with in such county, including each municipal government, the county, po litical subdivisions, public agencies, offices, officers, boards and bu reaus within the county, to determine if it would promote efficiency and economy in government or otherwise be desirable to consolidate, eliminate restrict, reorganize, rearrange taxable districts, or otherwise change any or all such governments, functions, offices, officers, boards or bureaus.

Section 3. It shall be the duty of the Commission to draft charters,

FRIDAY, MARCH 12, 1971

3021

charter amendments or other model legislation that will accomplish the purposes set forth in such recommendations as the Commission may make, regardless of whatever conclusions shall be determined by such Commission.

Section 4. The Commission is authorized to make such investiga tions, conduct hearings, employ such clerical assistants, legal assis tants, experts and persons, firms or corporations having special knowl edge in the field of public administration or other areas of such study as may be necessary to carry out the purposes of this Act, provided that all such expenditures shall be within such budgeted and appropri ated amounts as shall be approved and made by the governing authority of such county for the purposes enumerated in this Act. All public of ficials, upon request, shall make available to the Commission all neces sary and pertinent information and assistance dealing with their re spective offices and duties as may be requested by such commission.

Section 5. The members of the Commission shall not receive com pensation for their services.

Section 6. The purposes described in this Act are hereby declared to be public purposes for which public funds may be expended, and any such county is hereby authorized to exercise the power of taxation for such public purposes as a part of the necessary cost of administration of the government of such county. All funds necessary for the purposes of this Act, including the reimbursement of expenses, shall be paid from
county funds.

Section 7. All of the functions, powers and duties of the Commis sion described in this Act shall be completed by the time of the general election of 1972, at which time the Commission shall stand abolished.

Section 8. The Commission shall file a copy of its reports, find ings and recommendations, together with drafts of any proposed char ter amendment or other proposed legislation, with the governing au thority of the county, the clerk of the governing authority of each mu nicipality in the county affected by any report or recommendation of the Commission, any officer affected thereby, each member of the Gen eral Assembly of Georgia from such county, any board of education affected by such proposed legislation or report or recommendation, and by the clerk of the superior court, who shall file the same as a part of his public records.

Section 9. 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 declared 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.

3022

JOURNAL OP THE HOUSE,

Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Davis of the 75th moved that the House disagree to the Senate substi tute.
The motion prevailed and the Senate substitute to HB 758 was disagreed to.
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 purposes.

The following Senate amendment was read:
The Senate Committee on Banking and Finance moves to amend HB 826 as follows:
By adding after the word "Commissioner" on line 32, page 3, the following:
"which contents of said form is not a public record but shall be confidential and not subject to inspection by anyone except au thorized personnel of appropriate tax administrators."
By striking sub-paragraph (b) in Section 3 in its entirety.
Mr. Hawes of the 95th 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. Alien Atherton Battle

Bell Bennett, Tom Black Bohannon Bond Bostick Bowen

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. Colwell Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Bavis W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Evans Floyd, L. R. Eraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Gunter Ham Hamilton Harrington Harrison Hawes Hays Hill, G. Hood Horton Housley

FRIDAY, MARCH 12, 1971

3023

Howell Hudson, C. M. Hudson, Ted Hutchinson 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. Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McCracken 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. Poole Potts Rainey Reaves Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. 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

Those not voting were Messr.:

Alexander, W. M. Barfield Bennett, J. T. Berry Blackshear Brantley, H. H. Buck

Collier Conger Dailey Drury Edwards Egan Ezzard

Farrar Felton Floyd, J. H. Gary Griffin Hadaway Harris

3024
Hill, B. L. Howard Isenberg King Leggett Mason Matthews, D. R.

JOURNAL OF THE HOUSE,

McDaniell Murphy Patten Phillips, W. R. Pickard Pinkston Roach

Russell, W. B. Shanahan Smith, J. R. Townsend Mr. Speaker

On the motion, the ayes were 155, nays 0.

The motion prevailed and the Senate amendment to HB 826 was agreed to.

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.

The following Senate amendment was read:

Senator Bateman of the 27th moves to amend HB 199 by inserting on line 16 of page 3 between the word "safety" and the period, the following:
"and an additional $180.00 per year".

Mr. Busbee of the 61st 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. Alien Atherton Battle Bell Bennett, Tom Berry Black Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Brown, S. P. Burruss Busbee Carr Carter 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 Dorminy Edwards Egan Evans Farrar 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 Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King: Knight Kreeger Lambert

FRIDAY, MARCH 12, 1971

3025

Lane, Dick Lane, W. J. Larsen, G. K, Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Pearce Peters Phillips, G. S.

Phillips, L. L. Pinkston Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Shanahan Sherman Smith, H. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Chappell Knowles

Larsen, W. W. Phillips, W. R.

Shepherd

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T. Blackshear Bohannon Bostick Bowen Buck Chance Dailey Dean, J. E. Drury

Ezzard Felton Hill, B. L. Hood Isenberg Leggett Matthews, D. R. McDaniell Miller Murphy Patterson Patten

Pickard Poole Russell, W. B. Savage Scarborough Sims Smith, J. R. Snow Townsend Ware Mr. Speaker

3026

JOURNAL OF THE HOUSE,

On the motion, the ayes were 155, nays 5.

The motion prevailed and the Senate amendment to HB 199 was agreed to.

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 Senate amendment was read:
The Senate Committee on Highways moves to amend HB 113 as follows:
By inserting between the word "and" and the figure "$100,000,000" on line 8, page 2 the following:
", subject to the limitations provided,";
By inserting between the word "and" the word "not" on line 1, page 13, the following:
", subject to the limitations hereinafter provided,";
By striking the figures "$284,000,000" on line 7, page 13, and in serting in lieu thereof the figures "$384,000,000";
By striking on lines 8 and 9, page 13, the following:
", plus the additional amount provided in Section 9,";
By inserting between the word "and" and the word "not" on line 15, page 13, the following:
", subject to the limitations hereinafter provided,";
By striking lines 30, 31 and 32, page 14, and substituting in lieu thereof the following:
"Section 9. Said Act is further amended by adding between Section 14 and Section 15 of said Act a new Section numbered 14A, to read as follows:
'Section 14A. The amount of bonds authorized to be out standing at any one time for Urban Road Projects shall be de termined as follows:'";

FRIDAY, MARCH 12, 1971

3027

and by inserting on line 21 of page 15 after the word "fuel" the following: ".

Mr. Vaughn of the 74th 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. Alien Atherton Battle Bell Bennett, Tom Berry Black 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. Colwell Coney, G. D. Coney, J. L. Conger Cook Daugherty Davis, E. T. Davis, W.

Dean, Gib Dean, J. E. Dean, N. Dent DSxon Dorminy Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton

Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. 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 Nunn Odorn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L.

3028
Poole Potts Rainey Reaves Ross Rush Russell, H. P. Salem Scarborough Shanahan Shepherd Sims

JOURNAL OF THE HOUSE,

Smith, H. 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 Wilson Wood

Voting in the negative was Mr. P. B. Ham.

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T. Blackshear Brown, B. D. Connell Dailey Drury Edwards Ezzard Farrar Gary

Hadaway Hood Isenberg King Knowles
Lee, W. J. (Bill) Longino Matthews, D. B. Murphy Northcutt Phillips, W. R. Pickard

Pinkston Roach Russell, A. B. Russell, W. B. Savage Sherman Smith, J. R. Sorrells Wamble Mr. Speaker

On the motion, the ayes were 160, nays 1.

The motion prevailed and the Senate amendment to HB 113 was agreed to.

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

SB 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.

The following amendment was read and adopted:
Mr. Savage of the 104th moves to amend SB 95 by adding a new Section 2 to read as follows:

FRIDAY, MARCH 12, 1971

3029

"This Act shall become effective January 1, 1975.";

and by renumbering Section 2 as Section 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 Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bell Bennett, Tom Berry Black Blackshear Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Can-
Chance Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

Egan Evans Ezzard Farrar Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer
Griffin Gunter Hadaway Ham Hamilton Harris Harrison Hawes Hays Hill, B. L. Horton Housley Howard Hudson, C. M. 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. Longino Lowrey Marcus Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S. Pinkston
Poole Potts Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan

3030
Shepherd Sherman Sims Smith, H. R. Smith, V .T. Snow Stephens

JOURNAL OF THE HOUSE,

Sweat Thompson Toles Triplett Tripp Turner Ware

Westlake Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Barfield Bennett, J. T. Bohannon Bostick Bowen Carter

Dixon Drury Harrington Hudson, Ted Knowles Leggett

Mason Phillips, L. L. Phillips, W. R. Sorrells Wamble

Those not voting were Messrs.:

Battle Buck Burruss Chandler Collins, M. Coney, G. D. Dailey Dorminy Edwards Felton Floyd, J. H. Hill, G. Hood

Howell Hutchinson
Isenberg Johnson Jones, Herb Keyton Levitas Lewis Logan Matthews, C. Matthews, D. R. Oxford Patten

Pickard Rainey Reaves Roach Russell, H. P. Smith, J. R. Strickland Thomason Townsend Vaughn Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 139, nays 17.

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

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.

The following Committee amendment was read and adopted:
The Committee on Banks and Banking moves to amend SB 175 as follows:

FRIDAY, MARCH 12, 1971

3031

By striking from the title the phrase
"to provide that any order issued by the Superintendent of Banks may be continued in effect as to any particular bank or banks if in his judgment the circumstances warrant or require such action;";
and by striking the last sentence of subsection (a) of quoted Code Section 14-1812 of Section 1 which reads as follows:
"After the termination of such banking emergency, any such order may be continued in effect as to any particular bank or banks as aforesaid if in the judgment of the Superintendent of Banks circumstances warrant or require.",
in its entirety.

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. 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, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat

Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Kreeger Lambert

3032
Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Marcus Mason Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Morgan

JOURNAL OF THE HOUSE,

Moyer Mulherin
Mullinax Nessmith Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Ross Rush Russell, W. B. Salem Savage Scarborough Shanahan

Shepherd Sherman Sims Smith, H. R.
Snow Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Vaughn Wamble
Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bohannon

Knowles

Phillips, W. R.

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Buck Cole Colwell Dailey Davis, E. T.
Drury Fraser Hadaway Hill, B. L.

Hood Horton Hutchinson Isenberg Le vitas Lowrey Matthews, D. R. McCracken McDonald
Murphy Noble Patten

Pickard Rainey Reaves Roach Russell, A. B. Russell, H. P. Smith, J. R. Smith, V. T. Thompson Townsend Turner Mr. Speaker

On the passage of the Bill, as amended, the ayes were 156, nays 3.

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

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.

FRIDAY, MARCH 12, 1971

3033

The following Committee amendment was read and adopted:

The Committee on Natural Resources moves to amend Senate Bill 30 as follows:

By striking line 21, page 5, "the Director without consulting said advisory committee" and inserting in lieu thereof "the Director after consultation with the said advisory committee.";

By striking on lines 18 and 19, page 8, after the word "Director", the words "and shall have no specific term of office", and inserting in lieu thereof the words "for a period of four years."

And by adding on page 16, line 18, after the words "superior court", the words "of the 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 Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bennett, Tom Black Bond Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Clements
Cole
Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Evans Farrar Floyd, L. R. Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Ham Harrington Plarris Harrison Hawes Hays Horton Housley Howell Hudson, C. M. Hudson, Ted

Hutchinson Jessup Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDonald Melton Merritt Miles Milford Mooi-e Morgan Moyer Mulherin Nessmith

3034
Odom Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Potts Reaves Ross Rush Russell, H. P. Russell, W. B. Salem

JOURNAL OF THE HOUSE,

Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Sweat Thomason Thompson Toles

Townsend Tripp Turner
Vaughn Wamble Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Bohannon Chappell Hood

Larsen, W. W. Phillips, W. R. Poole

Shepherd

Those not voting were Messrs.:

Atherton Barfield Bell Bennett, J. T. Berry Blackshear Bowen Brantley, H. L. Brown, B. D.
Buck
Cook
Dailey
Davis, E. T.
Dean, J. E.
Dorminy
Drury
Edwards
Egan
Ezzard
Felton
Floyd, J. H.

Fraser Gary Gaynor Gunter Hamilton Hill, B. L. Hill, G. Howard Isenberg
Johnson
Jones, Herb
Jones, J. R.
Knight
Knowles
Lambert
Lee, W. J. (Bill)
Leggett
Longino
Matthews, D. R.
McDaniell
Miller

Mullinax Murphy Noble Northcutt Nunn Oxford Patten Pickard Pinkston
Rainey
Roach
Russell, A. B.
Smith, J. R.
Snow
Strickland
Triplett
Ware
Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, as amended, the ayes were 127, nays 7.

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

FRIDAY, MARCH 12, 1971

3035

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.

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

On the adoption of the Resolution, the ayes were 117, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment thereto:
SB 53. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend Code Section 47-107, relating to salaries and expenses of members of the General Assembly; and for other purposes.

Mr. Murphy of the 19th moved that the House insist on its amendment. The motion prevailed and the House insisted on its amendment to SB 53.

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 133. By Senator Holloway of the 12th:
A Bill to be entitled an Act to provide that the State Treasurer shall withhold any grants appropriated to any county until the County Tax Digest for the previous calendar year has been approved by the State Revenue Commissioner; and for other purposes.

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

3036

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 114, nays 0.

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

The following Resolution of the House was taken up for the purpose of con sidering the Senate substitute thereto:

HR 172-521. By Messrs. Davis, Ployd, Westlake and Granade of the 75th and others:
A Resolution creating the DeKalb County Education Study Commission; and for other purposes.

The following Senate substitute was read:
A RESOLUTION
Creating the DeKalb County Education Study Commission; and for other purposes.
WHEREAS, various citizen groups have raised questions concerning education priorities in DeKalb County; and
WHEREAS, a majority of the citizens of DeKalb County favor keeping educational costs within the budget in order to eliminate deficit financing; and
WHEREAS, there are numerous other matters which need to be considered and resolved concerning educational affairs in DeKalb Coun ty.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA there is hereby created the DeKalb County Education Commission to be composed of seventeen (17) appointive members to be appointed as follows: (a) One member shall be appointed by the Senator of the 41st Senatorial District and the Representatives of the 72nd and 73rd House Districts; one member by the Senator of the 42nd Senatorial District and the Representatives of the 77th House District; one member by the Senator of the 43rd Senatorial District and the Representatives of the 75th House District; one member by the Sen ator of the 55th Senatorial District and the Representatives of the 74th House District; and one member by the Representative of the 76th House District, (b) One member appointed by each member of the Board of Education of DeKalb County (c) One member to be appointed by the President of the DeKalb Municipal Association, (d) One member to be appointed by the Foreman of the DeKalb County Grand Jury sitting on the effective date of this Act. (e) One member to be appointed by the President of the League of Women Voters of DeKalb County, (f) One member to be appointed by the President of the DeKalb County Chamber

FRIDAY, MARCH 12, 1971

3037

of Commerce, (g) One member to be appointed by the President of the DeKalb County P.T.A. Council.

Whenever a vacancy on the Commission results from the fact that a member refuses to serve or dies or resigns, the vacancy shall be filled in the same manner as original appointments. A majority of the per sons serving as members of the Commission shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. The Commission shall elect a Chairman, a Vice Chairman and a Secretary from its membership. The Commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly disposition of its business. The Com mission shall keep minutes and records of its meetings. The members of the Commission shall serve without compensation. The organizational meeting of the Commission shall be held within thirty days after the approval of this Resolution by the Governor, upon the written call of the Chairman of the DeKalb Board of Education, at the time and place des ignated in the notice of the meeting. The DeKalb Board of Education, upon application by the Commission, shall provide suitable office space, meeting rooms and clerical and administrative assistance for the Com mission.
The Commission is hereby authorized and directed to conduct a comprehensive study of the following items and make a report of its findings and recommendations to the 1972 session of the General As sembly of Georgia no later than November 1, 1971, at which time the Commission shall stand abolished.

(1) The financial condition of education in the DeKalb School Dis trict and the need for additional sources of revenue.

(2) Programs for exceptional children and ways of improving and expanding such programs so as to reach all such children in the DeKalb School District.
(3) The method of selecting the superintendent.

(4) The method of selecting school board members, including such matters as partisan or non-partisan elections and district or countywide elections.
(5) The salaries of the superintendent and board members.

(6) DeKalb College, DeKalb Area Technical School, the Adult Edu cation program and Fernbank Science Center.

(7) Transportation needs for mentally, physically and emotionally handicapped pupils and other pupils of DeKalb County.

(8) The finanical status of the school lunch program and the im provement of nutritional standards for all students including the de prived.

The Commission shall have the power and authority to conduct

3038

JOURNAL OF THE HOUSE,

public hearings, and in making such a study, the Commission is au thorized to call upon the DeKalb Board of Education, the DeKalb Super intendent of Schools and any other County officers for any aid or assistance which the Commission may deem necessary or proper for it to effectively perform its duties, and to carry out the purposes of this Resolution.

Mr. Davis of the 75th moved that the House disagree to the Senate substitute*

The motion prevailed and the House disagreed to the Senate substitute to HR 172-521.

Mr. Moore of the 6th served notice that at the proper time he would move that the House reconsider its action in passing earlier this day the following Bill of the Senate:
SB 177. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend the Georgia Insurance Code, so as to provide that insurers may invest in obligations issued by the Asian Development Bank; and for other purposes.

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 135. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 24-2727, so as to change certain provisions relating to fees of the clerks of the superior courts; 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.

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

FRIDAY, MARCH 12, 1971

3039

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bell Bennett, Tom Berry Black Bond 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 Colwell Coney, G. D. Coney, J. L. Conger Connell
Cook
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dorminy
Drury
Egan
Evans
Eloyd, L. R.
Eraser
Gary
Gaynor
Geisinger
Grahl
Crrantham

Greer Griffin Gunter Hadaway Ham Hamilton Harrington 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
Longino
Lowrey
Mason
Mauldin
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. Pinkston Poole Potts Rainey Roach Ross Rush Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims
Smith, H. R.
Smith, V. T.
Sorrells
Stephens
Strickland
Sweat
Townsend
Triplett
Turner
Vaughn
Wamble
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Wilson
Wood

3040

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, John Collins, S. Dent Ployd, J. H. Granade

Harris Hood Marcus Moyer

Smith, J. R. Toles Tripp Williams

Those not voting were Messrs.:

Barfield Battle Bennett, J. T. Blackshear Bohannon Bostick Bowen Buck Collins, M. Dailey

Dixon Edwards Ezzard Farrar Felton Gignilliat Logan Matthews, C. Matthews, D. R. Maxwell

Pickard Reaves Russell, A. B. Russell, W. B. Shepherd Snow Thomason Thompson Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 13.

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

Mr. Moore of the 6th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 177. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend the Georgia Insurance Code, so as to provide that insurers may invest in obligations issued by the Asian Development Bank; 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 Adams, Marvin Alien Bennett, Tom Berry Bohannon Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Carter Chappell Cole Collier Collins, S.

Colwell Coney, G. D. Coney, J. L. Cook Davis, E. T. Dean, Gib Dean, N. Dixon Dorminy

Edwards Evans Floyd, L. R. Fraser Gary Gei singer Grahl Granade Grantham Gunter Hadaway Ham Harrington Harris Harrison Hood Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan King

FRIDAY, MARCH 12, 1971

3041

Knowles Lambert Lane, Dick Lane, W, J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Longino Lowrey Marcus Mauldin Maxwell McDonald Melton Milford Moore Morgan Moyer Mullinax Murphy Nessmith Noble Nunn

Odom Patterson Pearce
Peters Phillips, W. R. Pinkston Poole Rainey Roach Russell, H. P. Savage Scarborough Shanahan Shepherd Smith, J. R. Strickland Townsend Tripp Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams

Those voting in the negative were Messrs.:

Alexander, W. H. Atherton Bennett, J. T. Black Bond Brown, B. D. Brown, C. Burruss Chance Cheeks Conger Connell Djaugherty Davis, W. Dent Drury Egan Farrar

Gaynor Gignilliat Greer Griffin Hamilton Hays Horton Housley Howard Kreeger Levitas Logan Matthews, C. McCracken McDaniell Miles Miller Mulherin

Oxford Phillips, G. S. Potts Ross Rush Russell, W. B. Salem Sherman Smith, H. R. Smith, V. T. Sorrells Thomason Triplett Turner Ware Westlake Wilson

Those not voting were Messrs.:

Alexander, W. M. Barfield
Battle Bell Blackshear Buck

Busbee Carr Chandler Clements Collins, M. Dailey

Dean, J. E. Ezzard Felton Floyd, J. H. Hawes Hill, B, L.

3042
Hill, G. Howell Isenberg Keyton Knight Lewis Mason Matthews, D. R.

JOURNAL OF THE HOUSE,

Merritt Northcutt Patten Phillips, L. L. Pickard Reaves Russell, A. B. Sims

Snow Stephens Sweat Thompson Toles Vaughn Wood Mr. Speaker

On the motion, the ayes were 100, nays 53.

The motion prevailed and the House reconsidered its action in giving the requisite constitutional majority to SB 177.

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

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 President has appointed on the part of the Senate the following Sen ators: Chapman of the 32nd, Henderson of the 33rd and Cox of the 21st.

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

HB 721. By Mr. Rush of the 51st:
A Bill authorizing the Georgia Building Authority to provide three park ing spaces for the Governor, three parking spaces for the Lt. Governor and three parking spaces for the Speaker of the House of Representa tives, all free of cost; and for other purposes.

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

FRIDAY, MARCH 12, 1971

3043

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 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.

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

HB 1016. By Mr. Horton of the 95th:
A Bill to validate and declare legal the creation and establishment of housing authorities, all bonds, contracts, agreements, notes, obligations and undertakings of said housing authorities, and all proceedings per formed or done with reference thereto; to declare said housing authori ties corporate and politic; and for other purposes.

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

HB 274. By Messrs. Greer of the 95th, McDaniell of the 117th and Levitas of the 77th:
A Bill 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 pur poses.

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

HB 345. By Messrs. Pelton, Cook, Greer, Hawes and Horton of the 95th, Alex ander of the 108th and others:
A Bill to add four additional judges of the Superior Court for the At lanta Judicial Circuit; and for other purposes.

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

HB 448. By Messrs. Collins of the 62nd, Russell of the 70th, Reaves of the 71st and others:
A Bill to amend an Act entitled "The Uniform Act Regulating Traffic on Highways", so as to repeal Article XVI of said Act relating to the inspection of vehicles; and for other purposes.

3044

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 91. By Mr. Smith of the 43rd and others:
A Bill to be entitled an Act to provide appropriations for the fiscal year beginning July 1, 1971, and ending June 30, 1972; and for other purposes.

The following report of the Committee of Conference was read:
The Conference Committee on HB 91 recommends that both the Senate and House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 91 be adopted.
Respectfully submitted,
FOR THE SENATE:
/s/ Frank E. Coggin Senator, 35th District
/s/ R. Eugene Holley Senator, 22nd District
/s/ Stanley E. Smith, Jr. Senator, 18th District
FOR THE HOUSE:
/s/ James H. Floyd Representative, 7th District
/s/ George D. Busbee Representative, 61st District
/s/ Thomas B. Murphy Representative, 19th District
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 operaton 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 for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

FRIDAY, MARCH 12, 1971

3045

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, and the Governor's amended official revenue estimate of $1,189,600,000.00 for F.Y. 1972. Provided, 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 ap propriated 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 Bud get Report, except as otherwise specified in this Act, is deemed to be the appropriation as referred to in Code Sections 40-402, 40-412 and 40-413.

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, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legisla tive Leaders and Marine Fisheries Compact; for equip ment, supplies, repairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renovating and repairing the housing and other facilities for the Legislative Branch, for cost of com piling, publishing and distributing the Acts and Journals of the General Assembly, and the annual report of the State Auditor to the General Assembly and for cost of Legislative Services Committee and the Office of Legis lative Counsel as authorized by law.

Operations
F.Y. 1972 .....................__....._......._......._....__......_..___.....$
F.Y. 1973 .........__.._.__.___..__.....-...-_..__.............._.._.......$
Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the ex penditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby autho rized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legisla tive Branch which may include that no such funds may be expended without prior approval of the Committee.

4,575,000 4,575,000

3046 ; !
,

JOURNAL OF THE HOUSE,

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 he paid for from other appropriations.

B. For election blanks and other election expense, including publishing constitutional amendments.
F.Y. 1972 ......._,,_..................._______..,,.___,,_.__.___..._..$
F-Y. 1973 ..........._.........-........-...........__-....___.__________.$

225,000 225,000

C. For all costs of Georgia Official and Statistical Register.
F.Y. 1972 ____._-,,._,,__,,______,,_______.._.....,,$
F.Y. 1973 ............_-.,,_.._.-_._______........._.........__._$

90,000 90,000

Section 2. Audits, Department of

Operations--Audits F.Y. 1972 _______,,_____,,____,,______________.__..$ F.Y. 1973 ..........-...-.......-.,,..-...-.-.-_..-_.___.____..........__..$

1,186,077 1,186,077

Operations--Tax Ratio Study F.Y. 1972 __________,,__,,,,_._._____-____._$ F.Y. 1973 ........-__-...__-_.__._.___..__,,................_....$

350,000 350,000

Changed Objects: Personal Services __.-..-_....-_.._$ Operating Expenses _.,,...... ..._.-...$

1,232,678 328,399

Provided that from the above amount the sum of $150,000 is committed for the employment of ten Per formance Auditors and related costs to initiate the Per formance Audit Program.

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 established

FRIDAY, MARCH 12, 1971

3047

during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attor neys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.

Operations

F.Y. 1972

.____.-_____________________$

F.Y. 1973 __.._____..-...-....._______...-......_____.....____..,,__$

682,892 682,892

Section 4. Court of Appeals. For the cost of operat ing 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 ,,_____-_.-._____..,,-...-_..___-.-..-.......________....______$

746,559 746,559

Section 5. Superior Courts.

A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense allowances authorized by law, the payment of mileage as authorized by law, 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 ......._.._______......__.__._____-_..._._____________.______...$

2,445,159 2,445,159

Provided, further, that the listed appropriation shall be increased by the amount of $30,000.00 per annum for each judgeship created by lav/ during the 1971 session of the General Assembly.

B. For payment of salaries, contingent expense allowances, and other expenses as may be authorized by law for the District Attorneys, Assistant District

3048

JOURNAL OF THE HOUSE,

Attorneys, and District Attorneys Emeritus. Provided, however, that the listed appropriation shall be increased by the amount of $6,000.00 per annum for each addi tional District Attorney Emeritus position established during the fiscal year.
Office of District Attorneys --
Operations
P.Y. 1972 .._............._...__..___._____.._-._-._$
F.Y. 1973 ..-.-__..,,._-.-..._-_-_-..-..._..._--..---_$

1,403,775 1,403,775

Section 6. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

Operations F.Y. 1972 ____,,_____._____.--------.----_---_$ F.Y. 1973 .........._..._._.._.__.-_____--__--._..$

53,000 53,000

PART III EXECUTIVE BRANCH

Section 7. State Board of Education--Department of Education.
A. Operations F.Y. 1972 .____._,,___________.,,------._$ 412,526,841 F.Y. 1973 ____,,_._-__--_-,,_____$ 412,526,841
Changed Objects: Section 11 Teachers Salaries __..........,,.,,--$ 220,751,922

Section 12 Teachers Salaries ___,,-______..__-$ 37,655,641

Section 20 Teachers Salaries .__.........._-$ 14,270,205

Maintenance, Operation and Sick Leave ,,__.-._._.--__,,__._..-$
Travel .^ ................^....^..^ Transportation .,,.._..._..._...__.__...$ Free Textbooks _,,._______-_________,,__-_$

42,234,196 1,008,702 16,990,607 5,071,058

FRIDAY, MARCH 12, 1971

3049

School Library Books and Non-Consumable Materials ~~$
Isolated Schools --_..___--.,,----$
Mid-Term Adjustment ,,.--__--.__$
Teachers Retirement ._._,,__.._-$
Personal Services __...........-..__$
Operating Expenses ..._.._..___..$
Area Vocational-Technical Schools ___._.__.--___.--_..__$
Education of Handicapped Children _____-_-_---___---__.,,.---$
Capital Outlay _....._......_.._.__...$
Research and Experimentation ....,,--....,,...._...$
High School Program ,,.........._--$
Pernbank Science Center _____.____$
Textbooks and materials-- Summer School Library Supervisory Program _._......_.$
Grants for Tuition for the Multiple Handicapped ._..._,,....$
Grants to Projects for Autistic Children ._.....,,._..._..$
Local Grants for Supplemental Instructors and Aides --_.._.--.$

1,299,766 46,740 923,741
20,984,998 24,701,581 23,702,522
17,099,212
184,000 675,976
700,000 9,542,219
100,000
50,811
145,000
618,000
3,200,000

Provided that none of the State 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 renal diseases.

Provided, however, that $303,022 of the above ap propriation relative to pupil transportation shall be used solely for the purpose of providing an increase of

3050

JOURNAL OF THE HOUSE,

$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 Capital Outlay, $75,000 is designated and committed for the purpose of air conditioning the gymnasiumauditorium in the South Georgia Area Vocational Technical School at Americus, Georgia.

Provided that of the above appropriation relative to Capital Outlay, $500,000 is designated and com mitted for the purpose of funding Capital Outlay proj ects for Facilities for the Vocational Rehabilitation of the Adult Retarded, which shall be used with avail able matching funds to construct Facilities for Voca tional Rehabilitation of the Adult Retarded, to be located in Fulton and DeKalb Counties.
Provided that of the funds appropriated for Re search and Experimentation, the amount designated for Pupil Testing shall provide for a testing program at three different grade levels.
Provided that of such appropriated amount the sum of $118,000 is designated and committed for the purpose of funding the Psycho-Education Center at Brunswick.

Provided that of the above appropriation $80,000 is designated and committed for the purpose of funding Section 8 of H. B. 453 (Ga. Laws 1968, p. 120).

Provided that of the above appropriated amount relative to operating expense, $40,000 is designated and committed for use at the LaGrange Area Sheltered Workshop.

Provided that the amount of $3,200,000 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide assistance in the ele mentary grades in the form of additional certificated and/or non-certificated personnel to assist classroom teachers in providing intensive instruction and train ing in order to enable all students to achieve in the various subject matter areas in accordance with their potential and abilities. Such personnel shall be made available to assist the classroom teachers. Such per sonnel shall be made available to Local School Systems within the limits of funds available by the State De partment of Education on the basis of applications by the Local School Systems and a determination of critical need by the Local School System and the State Department of Education.

FRIDAY, MARCH 12, 1971

B. Construction:

Authority Lease Rental Payments to the Georgia Education Authority (Schools)

F.Y. 1972 ------------

_

F.Y. 1973 ---_---------------------__

3051
437,269 437,269

Grants to School Systems for Authority Lease Rental Payments to the Georgia Education Authority (Schools)

F.Y. 1972 _-_-----------------------_

F.Y. 1973 -----------

-------

24,492,259 24,492,259

Grants Direct to School Systems for Capital Outlay Purposes

F.Y. 1972 ,,--------------------------

F.Y. 1973 __

____----

2,291,613 2,291,613

Provided that from the above appropriation for Grants to School Systems for Authority Lease Rentals to the Georgia Education Authority (Schools) the amount of $2,000,000 for F. Y. 1972 is designated and committed for additional Lease Rentals to said Au thority to permit the issuance of bonds to finance new projects. Provided, that the State Board of Education may approve $405,240 to match Federal funds, if available, for constructing and equipping the Vocational Building at the Georgia School for the Deaf at Cave Spring.

Provided that $100,000 of funds appropriated for Direct Grants to School Systems for Capital Outlay purposes shall be granted by the State Department of Education to the Atkinson County Board of Education to assist the School System in replacing the Willacoochee School. Such funds shall not be made available until the Atkinson County Board of Education has reached maximum bonding capacity.

Section 8. State Board of Regents.
A. Operations F.Y. 1972 ---------------------- F.Y. 1973 ....__----__------------

162,953,003 162,953,003

3052

JOURNAL OP THE HOUSE,

Changed Objects: Teachers' Retirement .........,,._...-_-$ 10,157,650 Personal Services ..........................$ 169,306,687 Operating Expenses ............_____.$ 39,858,170

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 ap plicable to such salary to the Teachers Retirement Sys tem.

Provided that of the above appropriation $97,500.00 is designated and committed for grants for fifteen medi cal students attending Emory University.

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 approval 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 ____.._.__.-----__$

1,000,000 1,000,000

Authority Lease Rentals F.Y. 1972 _._______._..__._$ F.Y. 1973 __._.___.---_------._,,.$

18,198,790 18,198,790

Provided that from appropriated funds, the amounts of $21,037,733 in F. Y. 1972 and $21,037,733 in F. Y. 1973 are designated and committed to guarantee pay ment of lease rental contracts as a first charge on such funds. Provided none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided that from the above appropriations for fiscal year 1972 for Authority Lease Rentals, the amount of $2,000,000 is designated and committed to pay rentals to the Georgia Education Authority (Uni versity) to permit the issuance of new bonds to finance new projects.

FRIDAY, MARCH 12, 1971
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 con tract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.
Provided that in the event the Board of Regents de termines that construction of dormitories or similar income producing projects are necessary to the opera tion of the University System, the Board of Regents may, by transfer from Operating Funds, increase the Authority Lease Rental Appropriation above by an amount no greater than $750,000 and the same shall be specifically appropriated for the purpose of Author ity Lease Rental Agreements with the Georgia Educa tion Authority (University) for construction of such projects. Provided, however, that the amount so trans ferred from Operating Funds to Authority Lease Rentals shall be approved by the Fiscal Affairs Sub committees of the General Assembly and shall be no less than the maximum annual debt service requirement on the bonds issued to finance the construction of said income producing projects.

Section 9. Educational Improvement Council.

Operations F.Y. 1972 F.Y. 1973

Changed Object: Operating Expenses

..$ 33,400

Section 10. Higher Education Assistance Com mittee.

Georgia Higher Education Assistance Corporation
F.Y. 1972 ______,,________
F.Y. 1973 _____________________

Changed Objects: Personal Services ___________ Operating Expenses ._..

181,053 99,325

3053
136,400 136,400 706,258 706,258

3054

JOURNAL OF THE HOUSE,

Georgia Higher Education Assistance Authority
F.Y. 1972 --- ._._____________._-._.---_._.___.________$
F.Y. 1973 ............................................ .^,

235,461 235,461

Changed Object: Operating Expenses _._______.-_.-...$

9,228

Section 11. State Scholarship Commission.

Operations

F.Y. 1972

................................... ^

F.Y. 1973 ...

--- ___-_.-- ----- .____$

1,199,192 1,199,192

Changed Objects: Personal Services -.----...._.....--......$ Operating Expenses _---._-..-------$ Stipends for training _________________...

99,300 45,693 --0--

Provided that of the above appropriated amount relative to scohlarships an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment person nel.

Section 12. Medical Education Board.
Operations F.Y. 1972 -----------------------__--._.._____._.$ F.Y. 1973 ..----_._..._...__.._.____..--..._.-._.._._____----$

Scholarships F.Y. 1972 _.__._____.._._.__._____--------$ F.Y. 1973 ....__.___._._.____.._...._...__.......$

Changed Object: Operating Expenses __..._.____$

21,650

Section 13. Georgia Commission on the Arts. Operations
F.Y. 1972 ____.___.___._.____-__...._.____..$ F.Y. 1973 ......................_______._._.._...._.._...$

21,650 21,650 251,000 251,000
107,292 107,292

FRIDAY, MARCH 12, 1971

3055

Changed Object: Operating Expenses .__,,_--._----____$ 25,125

Section 14. Georgia Historical Commission.

Operations F.Y. 1972 ................................$ F.Y. 1973 .-__-._____.-..__..-...-....._.________.-...___..._....._$

485,000 485,000

Construction: Capital Outlay F.Y. 1972 ...... ...........^ ..........................J^ F.Y. 1973 ._.._....._._.-.__..,,........__._.._._.-._____-...$

Changed Objects: Personal Services ..___....._______....__._...$ Operating Expenses .._----.....--.--._$

379,463 105,537

50,000 50,000

Section 15. Teachers Retirement System.
Operations F.Y. 1972 _.______$ F.Y. 1973 __.-.----_..____..-..-.-..-..-------..--.._....---$

1,500,000 1,500,000

Provided that these funds shall be used to provide a cost of living adjustment to teachers who retired prior to the effective date of the current cost of living plan and the State Budget Bureau shall transfer to the De partment of Education and the Board of Regents such amounts of this appropriation as are required to meet the change in contribution rate as established by the Teachers Retirement System.
Section 16. Public School Employees Retirement System.
Operations
F.Y. 1972 ._..
F.Y. 1973 ..__.

2,451,217 2,451,217

Section 17. Department of Public Health. A. Medical Care Administration--

3056

JOURNAL OF THE HOUSE,

Operations F.Y. 1972 F.Y. 1973

50,343,635 50,343,635

Provided that from the above appropriation the amount of $250,000 in addition to funds in current program operations is specifically committed for the purpose of financing the Family Planning Service Act (Ga. Laws 1966, p. 228), as amended, and this amount together with Federal grant funds made available to Georgia for this purpose shall be used by the State Board of Health to contract with such private groups, social organizations, and State agencies as the Board may deem necessary to aid the Board in carrying out the purposes of the said Act. The Budget Bureau is au thorized to transfer funds included in this provision to other agencies of the State where necessary to facili tate the orderly operation of the Family Planning Ser vice Act.

B. Health Surveillance and Disease Control--Operations
F.Y. 1972 _--_,,-.----$
F.Y. 1973 ___.___.___,,___.____--___$

7,101,895 7,101,895

For the cost of operation, including pre-hospital care, inpatient hospital care, post-hospital care diag nostic services, drugs and field investigation; for the training of staff and early development services for the mentally ill, and the mentally retarded, to be pro vided by the Northwest Georgia Regional Hospital.

C. Community Health Services and Facilities--Grants to Counties
F.Y. 1972 ......................... .^..^.. ...............^
F.Y. 1973 ,,_,,.___-_____._________._$

10,891,700 10,891,700

Provided that from the above appropriated amount, an additional $800,000.00 is designated and committed for grants for the Community Mental Health Program.

Provided that the Department of Public Health shall, in F.Y. 1972, use $700,000 for mental retardation grants to counties (day care centers).

D. Environmental Health--Water Quality Control F.Y. 1972 _________________.,,__._..._...-...___._..___.$ F.Y. 1973 ._._.._.._.-__---,,-----.-.-___..__&

9,587,400 9,587,400

FRIDAY, MARCH 12, 1971

3057

Other Operations P.Y. 1972 ......................... ...^..4 F.Y. 1973 __--.___-,,--_---____-__$

1,905,845 1,905,845

Provided that all State funds appropriated for Water Quality Control grants under this Section 17-D shall be applied in the same manner as Federal grant funds, for projects which are entitled to 30% or 33% Federal matching, but for which no Federal funds are available.

E. Mental Health--Operations, including pre-admission and post discharge services

F.Y. 1972 .............. .^ ......

.....^

F.Y. 1973 ....-.-..._..-__.-..........._..________._._----.-......$

79,859,740 79,859,740

Authority Lease Rentals F.Y. 1972 ._......,,____..__.-._______-_.________...-........____-_.$ F.Y. 1973 __----------..__..$
Capital Outlay F.Y. 1972 ....................................................... ...^ F.Y. 1973 ......-............___...-..____.._.____..._.,,________.___.$

5,610,000 5,610,000
550,000 550,000

Provided that of the above appropriated amount relative to Personal Services $249,000 is designated and committed to provide 58 new positions for Gracewood State School and Hospital; provided further that up to 58 additional positions are hereby authorized for Gracewood State School and Hospital from agency funds in excess of the amounts contemplated in the Governor's Recommendations for fiscal 1972 in the Budget Report, to the extent that such funds become available.
Provided that of the above appropriated amount, $342,000.00 is designated and committed for a Be havior Modification Program at Central State Hospital.

Provided that $150,000.00 of the above appropria tion is designated and committed for the expansion of the alcoholic and drug addiction treatment program at Central State Hospital, including initiation and opera tion of a ward for female patients.
Provided of the above appropriation, $100,000.00 is designated and committed for the expansion of the alcohol treatment program at the Georgia Mental

3058

JOURNAL OF THE HOUSE,

Health Institute, including treatment of alcoholic fe males.

F. General Administration--Operations F.Y. 1972 ____,,.__,,_.__,,,,___.,,_$ F.Y. 1973 _____________.________.$

3,931,735 3,931,735

Provided that for the purpose of receiving Federal matching funds under Titles XVI, 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 aggregate amounts remitted to the transferor institu tion in payment for services to eligible recipients; and shall have authority to use Titles XVI, XVIII and XIX reimbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for 1971-1972 for operating expenses and additional personnel as necessary to meet require ments for payment or reimbursement, subject to prior approval by the State Budget Bureau.

Changed Objects:

Personal Services -...............__._..-_$ 84,923,800

Grants--Benefit Payments ........$ 156,590,000

Operating Expenses ._..__..___-....__...$ 27,188,700

Capital Outlay _...___..._.....................$

550,000

Grants to Counties-- Health Services __._______..__-_......,,.$ 12,783,100

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 Ad ministration appropriation for the entire fiscal year 1972, with the roll growth anticipated in the formula tion of the Governor's recommendation 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 Mental 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 from Capital Outlay shall be expended for renovation of admission wards at Central State Hospital.

FRIDAY, MARCH 12, 1971
Provided that when Titles XVI, XVIII and XIX funds in excess of the amounts shown in the annual operating budgets are received by budget units in this Section, the State Budget Bureau may 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 per sonal 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
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 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 immed iately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal offi cers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.
For general administrative cost of operating the Highway Department, including equipment and com pensation claims.
For lease rental obligations of the Highway Depart ment to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence or hereafter entered into in con-

3059
420,800 420,800

3060

JOURNAL OF THE HOUSE,

nection with new projects approved by the Highway De partment. Provided that in the event that lease rental obligations shall be less than the amount provided 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 High way System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby author ized and directed to give advanced budgetary authoriza tion for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitu tionally appropriated to the State Highway Depart ment.

Operations (including Capital Outlay) F.Y. 1972 _________________________._......._..______$ 156,943,454 F.Y. 1973 .____________________.___________$ 156,943,454

Construction: Authority Lease Rentals F.Y. 1972 .____________________,,,,______$ F.Y. 1973 _______________________.__._.$

21,739,533 21,739,533

Changed Object: Capital Outlay ..._____________$ 170,236,830

B. Grants to counties. For grants to counties for aid in county road construction and maintenance. Grants

FRIDAY, MARCH 12, 1971
shall be distributed and disbursed by the State Treasurer as provided by law.
Grants
F.Y. 1972
F.Y. 1973
C. For grants to counties for aid in county road construction and maintenance.
Grants
F.Y. 1972
F.Y. 1973
The sum appropriated under C. shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.
D. 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
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 accordance with the law and the Constitution, and file the same with the State Treasurer. At the request of

3061 4,817,013.03 4,817,013.03 4,500,000 4,500,000
9,317,000 9,317,000

3062

JOURNAL OF THE HOUSE,

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 determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Provided further that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

E. Airport Development--State Share of Airport Development.

Construction: Capital Outlay P.Y. 1972 ________________________________.________$ P.Y. 1973 ____________________________._____$

976,347 976,347

Section 20. Public Service Commission. Operations
F.Y. 1972 _________________________________..____$ F.Y. 1973 _______________--_-___-_____,,_$

Changed Objects: Personal Services _______._______$ Operating Expenses ________.$

770,909 111,734

Provided, that the number of authorized employees shown in the Budget Report is hereby increased from 60 to 65.

882,643 882,643

Section 21. Commission on Aging. Operations
F.Y. 1972 __._____________.________.______-__-._______$ F.Y. 1973 ________________ _._,,___.,,,,_$

Changed Object: Operating Expenses __________________$

29,956

66,539 66,539

Section 22. Department of Family and Children Services.

FRIDAY, MARCH 12, 1971

3063

Operations F.Y. 1972 ._...__...._._.....___..__________.__.__ .,,-,,-_-___$ F.Y. 1973 ..............................I

86,146,538 86,146,538

Changed Objects:
Grants to counties for administration and services ....$

38,700,000

Grants to individuals for support ... .______.__.............,,__$ 233,654,415

Capital Outlay ._....____.._____..._....,..$
Grants to counties for countyowned detention centers .--__._--$
Operating Expenses ........__._____....$

415,500
1,000,000 5,763,100

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 personal services, the Department of Family and Children Ser vices 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.

Provided, that when Federal funds in excess of the Federal funds anticipated in this Act become available to the Department of Family and Children Services, the State Budget Bureau shall have authority to approve departmental requests to budget such funds for positions and operating expenses to the extent that the State Budget Bureau can substantiate that such approval will not create the need for additional State funds in a subsequent fiscal year, subject to prior approval by the Fiscal Affairs Subcommittees of the Senate and the House of Representatives.

Provided that of the above appropriation $300,000.00 shall be committed for the purpose of reimbursement to Fulton County for the employer share of retirement and social security benefits.

3064

JOURNAL OF THE HOUSE,

Section 23. Workmen's Compensation, State Board of.

Operations F.Y. 1972 ....._...__.,,,,__.._______________.__--$ F.Y. 1973 ,,_______________.-_..___.___-..____...$

Changed Objects: Personal Services ___________.._-$ Operating Expenses ______------_$

689,204 81,640

770,844 770,844

Section 24. Department of Veterans Service-- Veterans Service Board.

Operations F.Y. 1972 ................................. ..^ F.Y. 1973 _________----_.,,-._.. -_-_--$

Changed Objects: Personal Services _______--------__$ Operating Expenses ___________$ Capital Outlay .........................^

1,414,699 229,810 45,156

Provided, that of the above appropriated amount relative to Capital Outlay, $45,156.00 is designated and committed for construction of offices on the east porch of the Georgia War Veterans Nursing Home for use by Field Office personnel.

3,454,014 3,454,014

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. F.Y. 1972 ___________-----____--__------_____$ F.Y. 1973 _____________________________________$

115,000 115,000
362,739 362,739

FRIDAY, MARCH 12, 1971

3065

Section 26. Industry and Trade, Department of.

Operations F.Y. 1972 ,,____.,,___--_____-___.___._--....$ F.Y. 1973 .__,,__-____--____.___-__...___.._.._...$

3,199,459.81 3,199,459.81

Construction: Capital Outlay F.Y. 1972 ._..,,._.___...._.._._._._....._-..-...._.........,,.. F.Y. 1973 _____________________________-._._____

--0-- --0--

Authority Lease Rentals F.Y. 1972 ........,,..............................,,...,,_..._._.___....$ F.Y. 1973 _____._.____,,,,__._..... _..----$

2,000,000 2,000,000

Changed Objects: Operating Expenses _..._.-..._-......$ 1,119,521.00 Advertising ......._...._.._.__...._.-$ 762,432.81

Provided, that of the above amount, $175,000 is designated and committed for the planning and develop ment of world trade and convention center to be desig nated the Georgia Intercontinental Congress Center.

Section 27. Science and Technology Commission.

Operations F.Y. 1972 _,,,,.________________.______$ F.Y. 1973 _.____..-._______........_._....._.._.______._._____....,,.$

Changed Objects: Personal Services ........-__.._.-._...$ Operating Expenses ...___....._...._...$

84,000 21,000

105,000 105,000

Section 28. Agriculture, Department of.

Operations F.Y. 1972 ....__....__.._.._,,.........._..........,,,,_-.___.__...__.$ F.Y. 1973 ..___..................-..._-._..-...----._..............$

8,891,530 8,891,530

3066

JOURNAL OF THE HOUSE,

Construction:

Capital Outlay F.Y. 1972 ..__.._______-__...__.._....___...$ F.Y. 1973 __________,,_______________.__________.__.___,,___$

160,000 160,000

Authority Lease--Rentals F.Y. 1972 ....___.__.............._......____.............__.....$ F.Y. 1973 ....__...................,,............_....._...............$

1,125,000 1,125,000

Fire Ant Eradication Program F.Y. 1972 _.__........_........._...........................___.________$ F.Y. 1973 _ ......_...................._......._.........._..__.....$

1,500,000 1,500,000

Indemnities F.Y. 1972 _._..................._______........____........____......_.$ F.Y. 1973 ..............................................................I

236,600 236,600

Changed Object: Operating Expenses ,,.,,..._...__..._..$ 3,161,240

Provided that from the above appropriation, up to $25,000 may be used for a feasibility study for an agri culture coliseum.
Provided, that from the above appropriated amount for Authority Lease Rentals, $225,000 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 reason able 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 ..........__..........................._.........._...........$

414,100 414,100

FRIDAY, MARCH 12, 1971

Water Resources--Research F.Y. 1972 ._....__,,_._______.__________-_____.___.$ F.Y. 1973 ...____.______--,,____________----- -- --$

Topographic Information F.Y. 1972 ,,,,_,,--__.-________--______,,$ F.Y. 1973 _.....-..-_.___...__,,-__.-_.,,_-_...,,__-_.......$

Changed Objects: Personal Services .._._._._..__._.$ Operating Expenses _.........__.._.$

339,645 519,030

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

Section 31. Altamaha River Basin Development Commission.

Operations F.Y. 1972 ......_......,,......,,__._-.-.-._____...___..........._...$ F.Y. 1973 .._._-...-.....____-___...-............-......___....____...$

Changed Object: Operating Expenses ....___-..____..____$

42,500

Section 32. Georgia Commission for the Develop ment of the Chattahoochee River Basin.
Operations F.Y. 1972 _...._......._.............__............................____$ F.Y. 1973 ,,__-_-_-____._-.__-__,,____,,__________._____,,____________.$

3067 150,000 150,000 35,000 35,000
279,200 279,200 490,000 490,000
43,800 43,800
6,920 6,920

3068

JOURNAL OF THE HOUSE,

Section 33. Public Safety, Department of.

Operations

F.Y. 1972 __,,___________---_-,,.__

,,.,,-_-$

F.Y. 1973 .__.,,_._________._..--___$

17,252,508 17,252,508

Construction: Capital Outlay F.Y. 1972 .__.._.___._.._.__,_._._...._...-..,,._.. F.Y. 1973 ___...._,,__,,......-._..-_...._______-,,...,,..-....._

--0-- --0--

Changed Objects: Personal Services ___,,_,,_--_----.--.$ Operating Expenses ,,-...-_----_.....$

13,017,000 5,544,000

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).

Provided that of the above appropriated amount $30,000.00 is designated and committed solely for the purpose of equipping the Georgia State Patrol station at Statesboro, Georgia.

Section 34. Pharmacy Board.
Operations F.Y. 1972 ,,...-----$ F.Y. 1973 ..............................................................I

239,842 239,842

Section 35. Probation, State Board of.

Operations F.Y. 1972 ._,,____--------.,,,,__-$ F.Y. 1973 -..........-.-.--._-.....------_.....__--.-.-. .--?

2,168,400 2,168,400

Changed Objects: Personal Services ____________-,,_,,___,,__.___.$ 1,865,000 Operating Expenses ..........__.........--..$ 651,209

FRIDAY, MARCH 12, 1971

3069

Section 36. Pardons and Paroles, State Board of.

Operations F.Y. 1972 __..,,......._-.-.......__...-.-,,_.-__.-___._.__..$ F.Y. 1973 .....-___._.__.____----__--____~$

1,360,500 1,360,500

Changed Object: Operating Expenses _._......._,,_-.----$ 222,655

Section 37. Corrections, State Board of.

Operations F.Y. 1972 _.___._..___._.--................_______-..__._.,,.$ F.Y. 1973 --......_...__.____-----__.._._..--._.-_._$

16,789,693 16,789,693

Construction: Capital Outlay F.Y. 1972 _.........._._..___._.___________$ F.Y. 1973 ,,.._.-_,,._.._._-___------_----__-$

440,000 440,000

Authority Lease Rentals F.Y. 1972 _...._........_.....___.._.____..._..___._.$ F.Y. 1973 .....__...._...............__.....___..___.__..__$

1,273,000 1,273,000

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

Section 38. Coordinator of Highway Safety.
Operations F.Y. 1972 ._._._...__.___._.____._.____._$ F.Y. 1973 _..._...__________________...$

Changed Object:



Operating Expenses ~___.___$

60,450

103,450 103,450

3070

JOURNAL OF THE HOUSE,

Section 39. Defense, Department of.

Operations P.Y. 1972 _,,,,_________.___________________ F.Y. 1973 ________________________________

1,134,775 1,134,775

Changed Objects: Personal Services Operating Expenses Capital Outlay ______

917,516 180,799
3,000

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 appro priated shall be expended for the office of emergency planning.

Provided that from the above amount for capital outlay the sum of $3,000 shall be used to pave the en closed vehicle storage area at the Cedartown National Guard Armory

Section 40. Comptroller General.
Operations F.Y. 1972 __........__.._.._..________________._$ F.Y. 1973 _..._________________________._____$

1,837,600 1,837,600

Changed Objects: Personal Services ___.__._______$ Operating Expenses _--__.__.._..$

1,736,017 655,949

Section 41. Banking, Department of.
Operations F.Y. 1972 ______________._____...______.__$ F.Y. 1973 ,,_______.__________.___.$

890,803 890,803

Changed Object: Operating Expenses ______$

183,755

FRIDAY, MARCH 12, 1971

Section 42. Literature Commission.

Operations F.Y. 1972 _________________________________$ F.Y. 1973 _____,,________.._____________________$

Changed Object: Operating Expenses __--_--__--._$

6,800

3071
18,400 18,400

Section 43. Game and Fish Commission.

Operations F.Y. 1972 __._______________________________$ F.Y. 1973 . __.__________._.____________________.__$

5,400,872 5,400,872

Construction: Capital Outlay F.Y. 1972 _____________________________..___$ F.Y. 1973 __.__________...___________________$

682,000 682,000

Changed Objects: Personal Services _____________.____$ Operating Expenses --....___..-___.__$ Capital Outlay _,,____________$

4,046,939 2,681,083
877,000

Provided that of the above amount appropriated for construction, $150,000 shall be used to match Federal
funds for the purpose of constructing a public fishing lake in Chattooga County.

Section 43A. Groveland Lake Development Com mission.
F.Y. 1972 _________________________________$
F.Y. 1973 ___________________.____.____..,,__$

Section 44. Recreation Commission. F.Y. 1972 _______________________.__..____,$ F.Y. 1973 _________________________._________.$

Changed Object: Operating Expenses --_--_._._$

35,578

100,000 100,000
121,385 121,385

3072

JOURNAL OF THE HOUSE,

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 __.__..__.__._______.____.______.._-$

Section 47. North Georgia Mountains Commis sion.

Operations F.Y. 1972 ___________._.__________._____________._._....___$ F.Y. 1973 _______________________ .___._..______.___.___.__$

Construction: Capital Outlay F.Y. 1972 ___..__,,___.___-_______________.___.___-_-____-________._._,,,_____$ F.Y. 1973 __________.._.-____________________..--_-__________.._._.-__$

Changed Objects: Operating Expenses __________________$ Capital Outlay ____.______.______..__..________$

189,872 161,103

Provided that of the above appropriated amount for F.Y. 1972, $86,000 shall be used only to provide mov able equipment and furnishings for 20 cottages con structed under Economic Development Administration project number 04-1-00092P.
Provided that of the above appropriated amount relative to Operating Expense, $39,000 is designated and committed solely for the purpose of contracting with professional firms for interior design, manage ment of construction, and management and operational systems for EDA Project 04-1-00092P.

Provided that of the above appropriated amount relative to Capital Outlay, $8,000 is designated and com mitted solely for the purpose of expanding and re-

--0-- --0--
200,000 200,000
295,697 295,697
161,103 161,103

FRIDAY, MARCH 12, 1971
modeling the present administrative offices, con tingent upon approval of EDA Project 04-1-00092P.
Section 48. Lake Lanier Islands Development Com mission.
Operations P.Y. 1972 ..... .__._..._________......___.._._..___..__._._...._$ F.Y. 1973 ..__..______-..____-___..---......-..$

3073
221,580 221,580

Construction: Capital Outlay F.Y. 1972 ._______-_____._.._.__.______.._.$ F.Y. 1973 .._.....--.__.____....__._.._.._.__...$

839,000 839,000

Changed Objects: Personal Services __...__..___$ Operating Expenses ,,_____.$ Capital Outlay ....._.._______$

129,580 120,500 939,000

Section 49. Parks, Department of.
Operations F.Y. 1972 ........._....._________._.._.......__$ F.Y. 1973 ._.__.___.______.______..____._________.._$

2,479,450 2,479,450

Natural Areas Council F.Y. 1972 ........____..______.._.._..___.-$ F.Y. 1973 .....__.__.._....___________._._.._-$

36,500 36,500

Construction: Capital Outlay F.Y. 1972 ..____...._______________.._........._$ F.Y. 1973 _________.______.__.._........$

924,892 924,892

Authority Lease Rentals F.Y. 1972 __._....___________._____._..$ F.Y. 1973 ....__-_____________._..._...$

2,346,000 2,346,000

3074

JOURNAL OF THE HOUSE,

Changed Objects: Operating Expenses ________$ Capital Outlay ______.___$ Grants for Land Acquisition _.._,,$

1,592,707 940,642 100,000

Provided, that no land shall be purchased for State park purposes without the approval of the State Prop erties Acquisition Commission.

Provided that from the above F.Y. 1972 appropria tion for operations $100,000 is designated and com mitted to provide no more than 25% matching of Fed eral and local funds for land acquisition for Tired Creek Park B.O.R. #10-00060.

Provided that from the above appropriated amount for Authority Lease Rentals, $200,000.00 is desig nated and committed to pay rentals to Jekyll IslandState Parks Authority to permit the issuance of bonds to finance new projects at Jekyll Island.

Provided that of the above appropriated amount relative to Capital Outlay, $96,000 is designated and committed for projects at Coffee County State Park.

Provided that the Parks Department shall be per mitted to budget for renovations and repairs up to $125,000.00 of the park receipts in excess of the amount of such receipts reflected in the Governor's recom mendation in the regular Biennial Budget Report.

Section 50. Soil and Water Conservation Com mittee.

Operations F.Y. 1972 F.Y. 1973

Changed Object: Operating Expenses _

..$ 473,787

Section 51. Forest Research Council.
Operations F.Y. 1972 __._____________. F.Y. 1973 -__._____._______

506,700 506,700
520,200 520,200

FRIDAY, MARCH 12, 1971

3075

Changed Object: Operating Expenses _..__.._....._$

467,635

Section 52. Forestry Commission.

Operations F.Y. 1972 .._._...._._......_.._.__......_.._..__________.___$ F.Y. 1973 ._.......____....._...__......_.._.._..__....___.......__$

7,055,371 7,055,371

Construction: Capital Outlay F.Y. 1972 ___....-_____._..___..._.-__._..___....___...$ F.Y. 1973 _.._._......__.._..____....__._______,,____$

--0-- --0--

Changed Objects: Personal Services ......___._.__.$ Operating Expenses ...__........_.$

7,572,840 2,153,175

Section 53. Mineral Leasing Commission.
Operations F.Y. 1972 _.._........._........._....__._._._._........_....._$ F.Y. 1973 ___...._._._.._..___._.._.._.__.....__._...$
Section 54. Department of Mines, Mining, and Geology, Surface Mined Land Use Board.
Operations F.Y. 1972 ....__._.._..__._____.._.____________$ F.Y. 1973 ...._.._._.._____________.____$

Changed Objects: Personal Services .,,____.___--$ Operating Expenses _____.__$

102,071 58,200

5,000 5,000
160,271 160,271

Section 55. Treasury, State.
Operations F.Y. 1972 ___________________.__..__$ F.Y. 1973 ____________________.___.._$

168,200 168,200

JOURNAL OF THE HOUSE,

Changed Object: Operating Expenses ____._.__..$

23,900

Section 56. Budget Bureau.

Operations F.Y. 1972 ............_..__.,,,,.__.___....__....._...$ F.Y. 1973 .._..._........._........_..._......__.____._....$

579,190 579,190

Changed Objects: Personal Services .._.....__._.___...._.$ Operating Expenses ...__._._..$

477,320 101,870

Section 57. Revenue, Department of.

Operations F.Y. 1972 ............__.._.__.........__..__....___.$ F.Y. 1973 ._.........____._______.._____$

14,331,300 14,431,300

Loans to Counties--Tax Reevaluation F.Y. 1972 _....._....__._______._____-__...$ F.Y. 1973 ............__-___.____.....__-__--$

40,912 40,912

Motor Vehicle Tag Purchases F.Y. 1972 _._....._._.____._.__..____......____-$ F.Y. 1973 ......_......____.._.____._..______$

368,450 368,450

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 purposes 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 ___.__-_..____.___________$

715,000 715,000

Changed Object: Employer Contribution

715,000

FRIDAY, MARCH 12, 1971
Provided that the above amount shall be used to in crease retirement benefits to retired State employees as provided by Act passed at regular 1971 session and the State Budget Bureau shall transfer to each af fected State agency such amount of this appropriation as is required to meet the change in employer contri bution rate for retirement as established by the Em ployees Retirement System.
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 Personal Ad ministration.
Operations
F.Y. 1972 __.________._...__..__...._,,__...__.._$
F.Y. 1973 .,,_...______________.__.__._$ (No direct State General Fund appropriation is required.)

3077
--0-- --0--
--0-- --0--

Section 61. Secretary of State.

Operations F.Y. 1972 .............._________............__-___.__$ F.Y. 1973 ._..__.___._.___________........._..........__________.....$

3,808,490 3,808,490

Special Repairs F.Y. 1972 ._........._..__._._..._...__...._...__..._.._$ F.Y. 1973 _._.._..,,__.__.____...................___...$

100,000 100,000

Construction: Authority Lease Rentals F.Y. 1972 _...___ __.,...___.._......_._..__..$ F.Y. 1973 ._........______........_..._._.._.._._______..._.__$

816,000 815,000

Changed Objects: Personal Services ____.--.....-._$ Operating Expenses ._._.__.._._$

2,560,288 1,248,202

3078

JOURNAL OF THE HOUSE,
Provided that $12,500.00 of the above appropriation for operations is designated and committed for fund ing one additional inspector position for the Joint Examining Boards, with related operating expenses.

Section 62. Library, State.

Operations F.Y. 1972 ___________________________.._____________.$ F.Y. 1973 _____ _________._...._....._...$

Changed Object: Operating Expenses ___--,,____$

6,700

140,162 140,162

Section 63. State Computer Service Center.
Operations F.Y. 1972 _______________________________.._____.$ F.Y. 1973 ____,,__,,,,,,,,_... __,,_,,_________.____.$

400,000 400,000

Section 64. Purchases, Supervisor of.

Operations F.Y. 1972 _________._,,____,,____________________$ F.Y. 1973 _.,,......______..______________.____.___._____$

1,144,504 1,144,504

Changed Objects: Personal Services __._________-__._$ Operating Expenses __-_____________$

636,544 107,960

Section 65. Capitol Square Improvement Com mittee.

Operations

F.Y. 1972

,,__,,_,,,,_,,_-,,_,,__,,,,$

F.Y. 1973 _______________________________________________$

150,000 150,000

Construction: Authority Lease Rentals F.Y. 1972 ,,_.__,,________,,_ __,,.._ -_______,,,,___$ F.Y. 1973 __,,_____________________-_.___________.___.__$

3,112,752.87 3,112,752.87

FRIDAY, MARCH 12, 1971

Section 66. State Properties Control Commission.

Operations F.Y. 1972 _,,.______._._____..-.__________,,____$ F.Y. 1973 __._.__._____.__..__._________._S

Section 67. Air Transportation, Department of.

Operations F.Y. 1972 _,,_________-.-.__._____._._...__._.. F.Y. 1973 ____,,,,--________..________........

Changed Objects: Personal Services _...--__--_._.--..$ Operating Expenses ........._.___.......$

175,756 139,000

Section 68. Executive 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, dues to the Governor's Conferences, the Southern Interstate Nuclear Compact, and the Advisory Com mission Intergovernmental Relations, and other spe cial 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 Gov ernor in his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in

;307950,000 50,000 314,756 314,756
638,200 638,200 25,000
25,000

3080

JOURNAL OF THE HOUSE,

accordance with other provisions of State law and the Constitution.

Emergency Fund F.Y. 1972 .._. F.Y. 1973 _...

2,000,000 2,000,000

Provided, however, that the listed appropriation shall be increased by the amount incurred in order ing the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the en forcement of the law by force or violence, or imminent danger thereof or other grave emergency when avail able funds are not sufficient for such purpose.

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 Depart ment of Law, or any agency of the State in the Exe cutive Branch of the State Government, shall be paid from this fund. No other agency is authorized to ex pend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reim bursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General or Depu ty Assistant Attorneys General assigned by the At torney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Executive Department for the pay ment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys Gen eral authorized to be appointed by the Governor.

Operations F.Y. 1972 F.Y. 1973

1,160,248 1,160,248

Changed Object: Operating Expenses

180,248

FRIDAY, MARCH 12, 1971

3081

Section 71. Bureau of State Planning and Com munity Affairs.

Operations F.Y. 1972 .____..._..._.________________._____$ F.Y. 1973 _____________________________.$

894,085 894,085

Grants:
Area Planning and Development Commissions
F.Y. 1972 _____.______________________..__._____$
F.Y. 1973 _________.___________________$

1,189,031 1,189,031

Provided that only the matching formula in ef fect on July 1, 1970, shall be used to determine the al location of State funds to Area Planning and Develop ment Commissions, except that each Area Planning and Development Commission shall receive in addition thereto a $15,000 non-matching State grant.

Changed Objects: Operating Expenses ________$ Grants to APDC's ___._____.__________$

418,725 1,189,031

Section 72. Grants to Counties and Municipali ties.

Grants to Counties (Act 607, Ga. Laws 1967, p. 888)
F.Y. 1972 __._._______________________$
F.Y. 1973 ___._...__________________$

2,600,000 2,600,000

Grants to Municipalities (Act 609, Ga. Laws 1967, p. 889)
F.Y. 1972 ._______..____-.___________________________..$
F.Y. 1973 _---___-_--___--.,,_______________..___.__$

4,200,000 4,200,000

Provided that the above sums shall be distributed and disbursed to the various counties and municipali ties on a quarterly basis, such payments to be made on the last day of each quarter.
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

3082

JOURNAL OF THE HOUSE,

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.

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 depart ment, agency or institution of the State, and any au thority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year begin ning 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 pro vision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease pay ment constitutes a first charge on all such appropria
tions.

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 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 other wise specified in this Act; provided, however the direc tor of the Budget is authorized to make internal trans fers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currecently having an appropriation, nor which would re quire operating funds or capital outlay funds beyond the current biennium, and provided, further, that no

FRIDAY, MARCH 12, 1971

3083

funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) mem bers of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall ap ply 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 by object class or any department, bureau, board, com mission, 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 Bud get. In those cases in which the aforesaid Budget Re port contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided here inbefore for transfers.

Section 75A. 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 amount following such object classification from the amount provided in the Budget Report submitted to the 1971 General Assembly.

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 Sec tion 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.
TOTAL APPROPRIATIONS
F.Y. 1972 -____.....____......_______________-..$1,224,342,003.71 F.Y. 1973 ______..__.._____._____..___....__$1,224,342,003.71
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.

Mr. Floyd of the 7th moved that the report of the Committee of Conference be adopted.

3084

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 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 Can-
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, 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, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton 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 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. Pinkston Poole Potts Rainey Reaves Roach
Ross Rush 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

FRIDAY, MARCH 12, 1971

3085

Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn

Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative was Mr. J. A. King.

Those not voting were Messrs.:

Barfield Blackshear Buck Collier Dailey

Dean, J. E. Hill, B. L. Hood Isenberg Lane, W. J.

Pickard Russell, A. B. Savage Mr. Speaker

On the motion, the ayes were 180, nays 1.

The report of the Committee of Conference on HB 91 was adopted.

Mr. Lane of the 44th stated that he had been called from the floor of the House when the roll was called on the motion to adopt the report of the Com mittee of Conference on HB 91, and wished to be recorded as voting "aye".

The following Bills of the House were taken up for the purpose of considering the Senate amendment and substitutes thereto:

HB 1016. By Mr. Horton of the 95th: A Bill to be entitled an Act to validate the creation of housing authori ties; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to validate and declare legal all notes and bonds of housing authorities, and all civil proceedings, acts and things heretofore undertaken, performed or done with reference thereto; to

3086

JOURNAL OF THE HOUSE,

provide an effective date; to repeal conflicting civil laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. All civil proceedings, acts and things heretofore under taken, performed or done in or for the authorization, sale, execution or delivery of notes and bonds by housing authorities for the purpose of fi nancing or aiding in the undertaking of a housing or redevelopment project or projects and all notes and bonds heretofore authorized, sold, executed or delivered by housing authorities are hereby validated, rati fied, confirmed, approved and declared legal in all civil respects, not withstanding any defect, omission or irregularity in connection with the authorization, sale, execution or delivery of such notes or bonds or any want of statutory authority.

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Mr. Levitas 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 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 Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib

Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Gunter Hadaway Ham

Hamilton Harrington Harris Harrison Hawes Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Jones, Herb Jones, J. R. Jordan 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

FRIDAY, MARCH 12, 1971

3087

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. PhiFips, L. L. Phillips, W. R.

Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Sorrells Stephens Strickland Sweat Thompson Tripp Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Adams, Marvin Buck Clements Cole Collier Dailey Dean, J. E. Dean, N. Egan Gary Granade

Hays Hill, B. L. Hood Isenberg Johnson Keyton King Longino Lowrey Pickard Pinkston

Russell, H. P. Savage Smith, V. T. Snow Thomason Toles Townsend Triplett Turner Westlake Mr. Speaker

On the motion, the ayes were 162, nays 0.

The motion prevailed and the Senate substitute to HB 1016 was agreed to.

3088

JOURNAL OF THE HOUSE,

HB 985. By Messrs. Greer, Felton and Hawes of the 95th and others:
A Bill to be entitled an Act to fix the salaries of the judges of certain courts of Fulton County; and for other purposes.

The following Senate substitute was read:

A BILL

To be entitled an Act to increase the salaries of the Judges of cer tain courts of Fulton County; to provide the procedures connected there with ; to provide for an effective date; to repeal' conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. In addition to the compensation presently being received by each Judge of the Juvenile Court of Fulton County, the Judge of the Court of Ordinary of Fulton County, each Judge of the Criminal Court of Fulton County and each Judge of the Civil Court of Fulton County, each such Judge shall receive the additional sum of $1,500.00 per annum for their services as such.

Section 2. The additional compensation provided for in Section 1 for said Judges shall be paid from the funds of Fulton County in monthly installments or at such other times as the fiscal authorities of Fulton County shall direct.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Greer of the 95th moved that the House agreed to the Senate substitute.

On the motion, the ayes were 105, nays 0.
The motion prevailed and the Senate substitute to HB 985 was agreed to.
HB 631. By Mr. Buck of the 48th: A Bill to be entitled an Act to authorize counties to establish law li braries; and for other purposes.
The following Senate amendment was read:

FRIDAY, MARCH 12, 1971

3089

The Senate Committee on Special Judiciary moves to amend HB 631 as follows:

By inserting in the title of said Act on line 7 of page 1, following the words "with the foregoing;", the following:

"to ratify certain actions; to provide an effective date;";

By inserting following the words "Superior Court" in Section 2, on line 6 of page 2, the following:

"or other person designated by the board of trustees";

By striking from Section 7 on line 30 of page 3, the following:

"and periodicals", and inserting in lieu thereof the following:

"periodicals, supplies, desks, and equipment";

and by renumbering Section 10, beginning on line 14 of page 4, as Section 12, and by inserting new Sections, to be known as Sections 10 and 11, to read as follows:

"Section 10. All actions, decisions, contracts, and purchases made by any board of trustees of a county law library or other per son charged with the responsibility of operating or maintaining a county law library under any previously enacted law of this State are hereby ratified.

Section 11. This Act shall become effective immediately upon its approval by the Governor or upon its otherwise becoming law with out his approval.

Mr. Busbee of the 61st 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 Alexander, W. H. Alexander, W. M. Battle Bell Bennett, Tom Berry

Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Bray

Brown, B. D. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell

3090
Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, Gib. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harris Harrison Hawes

JOURNAL OF THE HOUSE,

Hill, B. L. Hill, G. Horton Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. 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. Maxwell McDonald Merritt Miles Moore Morgan Moyer Mulherin Mullinax Murphy Noble Northcutt

Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Poole Potts Reaves Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Sorrells Stephens Strickland Sweat Toles Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Adams, Marvin Alien Atherton Barfield Bennett, J. T. Brantley, H. L. Brown, C. Buck Chandler Clements Collier Dailey

Davis, E. T. Egan Floyd, J. H. Hadaway Harrington Hays Hood Housley Howard Howell Jones, Herb Jordan

Keyton King Longino Mauldin McCracken McDaniell Melton Milford Miller Nessmith Phillips, G. S. Pickard

Pinkston Rainey Roach Russell, H. P. Smith, J. R.

FRIDAY, MARCH 12, 1971

3091

Smith, V. T. Snow Thomason Thompson Townsend

Triplett Vaughn Wilson Mr. Speaker

On the motion, the ayes were 145, nays 0.

The motion prevailed and the Senate amendment to HB 631 was agreed to.

HB 345. By Messrs. Felton, Cook, Greer and Hawes of the 95th 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 Senate substitute was read:
A BILL
To be entitled an Act to add one additional judge of the Superior Court for the Atlanta Judicial Circuit; to regulate the manner in which the judges of said Atlanta Circuit shall dispose of the business thereof; to provide for the original appointment of said judge; to provide for sub sequent elections; to authorize the judges of said Atlanta Circuit to formulate, promulgate and enforce and to alter, modify and change rules of practice and procedure in said Circuit; to provide for an effective, date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. One additional judge of the Superior Court of the Atlanta Circuit, as authorized under Paragraph I, Section III, Article VI of the 1945 Constitution of the State of Georgia (Code Section 2-3801), is hereby provided for, and said additional judge shall be appointed by the Governor at any time after this Act becomes law for a term of office continuing through December 31, 1972, and until his successors have been elected and qualified. The successor to such judge shall be elected at the general election in November, 1972, for a term of office beginning January 1, 1973, and continuing through December 31, 1980, and until his successors have been elected and qualified.
Section 2. Future successors shall be elected each eight years at the general election in the same manner as is now or may hereafter be pro vided by law for the election of judges of the Superior Courts of this State. Such successors shall take office on the first day of January immediately following their election for terms of eight years and until their successors are elected and qualified.
Section 3. The qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges,

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JOURNAL OF THE HOUSE,

and his compensation shall be the same as that of each of the present judges of the Superior Court of said Atlanta Circuit and all laws now of force relating to the compensation of judges of the Superior Court of the Atlanta Circuit shall apply to said additional judge; provided, that the salary of said judge or his successors, to be paid out of the State Treas ury, shall not exceed the amount paid from that source to other judges of the Superior Courts of this State. But this proviso shall not affect the additional salary provided for by the amendment to the Constitu tion set out in Acts of the General Assembly for 1920 at pages 20, et seq., and ratified November 2, 1920, or Paragraph I, Section XII of Ar ticle VI of the 1945 Constitution of Georgia (Code Section 2-4701), and any Act of the Legislature or any constitutional provision under or pur suant to which additional salary or compensation should or could be paid a judge of the Superior Court of the Atlanta Circuit is, and shall be applicable to the judge provided for by this Act.
Section 4. The additional judge of the Superior Court of the Atlanta Circuit shall have all the powers, jurisdiction, duties and dignity of the present judges of the Superior Court of the Atlanta Judicial Circuit, and of all other judges of the Superior Courts of this State.

Section 5. The provisions of the Act No. 1, pages 60, et seq., Pub lished Laws for the Session of 1907 of the General Assembly, approved July 23, 1907, contained in Sections 5 to 11 of said Act, both inclusive, are hereby reenacted and continued of force and applied to the conditions which will exist when said Atlanta Judicial Circuit shall have ten judges instead of nine as now existing.

Section 6. The judges of the Superior Court of the Atlanta Circuit, or a majority of them, may adopt, promulgate and enforce such rules of practice and procedure relative to calling cases on the dockets of said court, making up trial calendars thereof, providing for publication of notices as to calendars and assignments of cases, and providing for the dismissal of cases for want or prosecution or failure of counsel by notice under said rules to bring forward to the trial calendar, and for the assignment of appeal and claim cases and special orders and for check ing cases pending other engagements, and providing for holding cases pending sickness of counsel and general rules and regulations for the efficient, prompt and convenient dispatch of the business of said court as in their discretion may be necessary, judicious and proper, and from time to time as may be necessary or proper, may alter, modify and change said rules of practice and procedure in said circuit and rules of practice heretofore adopted or promulgated by the judges in said Circuit.

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Felton of the 95th moved that the House agree to the Senate substitute.

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

FRIDAY, MARCH 12, 1971

3093

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, Tom Berry Black Bond Bos tick Bowen Brantley, H. H. 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 Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser

Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harris Harrison Hawes Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan 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 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, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Sorrells Stephens Strickland Thompson Toles Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

3094

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Bennett, J. T. Blackshear
Bohannon Buck Chandler Clements Dailey Dean, J. E. Dixon Harrington

Hays Hill, B. L. Hood
Keyton King Lane, Dick Longino Moore Pickard Russell, H. P. Savage

Smith, J. R. Smith, V. T. Snow
Sweat Thomason Townsend Triplett Wilson Mr. Speaker

On the motion, the ayes were 164, nays 0.

The motion prevailed and the Senate substitute to HB 345 was agreed to.

HB 448. By Messrs. Collins of the 62nd, Russell of the 70th and others:
A Bill to be entitled an Act to amend an Act, so as to repeal Article XVI of the Uniform Act Regulating Traffic on the Highways; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to change the provisions relating to in spection of certain motor vehicles; to provide for inspections and the issuance of certificates of inspections on trucks and nonpassengercarrying motor vehicles used soley for the purpose of transporting sea sonal farm commodities to or from markets; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The "Uniform Act Regulating Traffic on Highways", ap proved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Seas., p. 556), as amended, is hereby amended by inserting, following section 126G, a new section, to be known as Section 126H, to read as follows:
"Section 126H. Trucks and nonpassenger-carrying motor ve hicles, as defined in Code Section 68-101, used solely for the pur pose of transporting seasonal farm commodities to or from markets during a period not exceeding 90 days, may be operated on the

FRIDAY, MARCH 12, 1971

3095

highways of this State, except on interstate highways, within a 30mile radius of the location at which they are regularly employed, as specified in the certificate hereinafter provided for, after having met the requirements for inspection as specified in this Section and without the necessity of meeting inspection criteria other than those specified in this Section, provided that said vehicle bears an inspec tion certificate and an agricultural transportation use certificate has been issued for such vehicle and is carried or located within said vehicle. County agricultural agents are authorized to issue agri cultural transportation use certificates for any truck or nonpas senger-carrying motor vehicle, as defined in Code Section 68-101. Such certificates shall be issued by the county agricultural agents upon forms furnished by the Director of the Department of Public Safety. Such certificates shall contain the location at which such trucks or nonpassenger-carrying motor vehicles are regularly em
ployed. Such certificates shall be issued only upon the filing of an application therefor. Such certificate shall authorize the operation of such truck or nonpassenger-carrying motor vehicle for a period not exceeding 90 days. Trucks and nonpassenger-carrying motor ve hicles for which an agricultural transportation use certificate has been issued shall be inspected in accordance with the provisions of Section 126, but shall be inspected only for the following:

(1) The brake pedal on such trucks and nonpassenger-car rying motor vehicles, when fully depressed, shall not come to within one inch of the floorboard of said vehicle.

(2) Such trucks and nonpassenger-carrying motor vehicles must meet the requirements relating to turn signals specified in Section 126(a) (3).
(3) In addition, if the truck or nonpassenger-carrying motor vehicle is to be operated at night, it must meet the re quirements of Section 126(a) (2) relating to lights.
Upon the presentation of an agricultural transportation use certificate the truck or nonpassenger-carrying motor vehicle for which such certificate has been issued shall be inspected by the official inspection stations only for those requirements as specified in this Section, but the regular inspection certificate shall be issued for any such vehicle which meets the requirements specified above. Any person operating a truck or nonpassenger-carrying motor ve hicle for which an inspection certificate has not been issued and for which an agricultural transportation use certificate has not been issued or which certificate is not located within said vehicle, or who shall operate such a vehicle during a period other than the period specified in the agricultural transportation use certificate, shall be guilty of operating a vehicle for which a required certificate has not been obtained and shall be punished as provided by the pro visions of this Act."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

3096

JOURNAL OF THE HOUSE,

Mr. Collins of the 62nd 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. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, S. P. Burruss Carr Carter Chance Chandler Chappell Cheeks Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar

Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hill, G. Horton Housley Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan 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 McDonald Merritt Miles Milford Moore

Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Poole 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. Sorrells Stephens Strickland Sweat Toles Townsend Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

FRIDAY, MARCH 12, 1971

3097

Those not voting were Messrs.:

Blackshear Brantley, H. L. Brown, C. Buck Busbee Clements Collier Dailey Davis, E. T. Pelton Hadaway Hays Hill, B. L.

Hood Howard Howell Hudson, C. M. Isenberg Keyton King Knight Levitas Longino Matthews, D. R. McCracken McDaniell

Melton Miller Murphy Phillips, G. S. Pickard Pinkston Russell, A. B. Russell, H. P. Snow Thomason Thompson Vaughn Mr. Speaker

On the motion, the ayes were 156, nays 0. The motion prevailed and the Senate substitute to HB 448 was agreed to.

HB 1002. By Messrs. Townsend of the 115th, Greer of the 95th and others:
A Bill to be entitled an Act to create in certain counties a Judicial Study and Compensation Commission; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to create in counties having populations of 500,000 or more, according to the 1970 United States Decennial Census or any such future census, a Judicial Study and Compensation Commis sion; to define its duties, authority and power; to define the composition of said commission; to provide for the method of appointment of said commission; to provide for the terms of said commission; 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. There is hereby created in all counties having populations of 500,000 or more, according to the 1970 United States Decennial Census or any such future census, a Judicial Study and Compensation Commission.
Section 2. The purpose of said commission shall be to study the judicial structure of any court or courts existing in said counties from which a direct appeal may be taken to the Supreme Court of Georgia or the Court of Appeals of Georgia; to determine the need for the

3098

JOURNAL OF THE HOUSE,

number of judges in any of said court or courts; to study the feasibility and advisability of consolidating any courts in said counties; to study and determine the overlapping jurisdictions of any such courts of said counties; to determine, in any county where there is more than one court, the difference in the salaries paid to any officials whose salaries are set by legislation; to study the feasibility of applying to the business of said courts modern technological and scientific developments; to study, in counties having more than one such court, the distribution of the case loads, the manner and method of record keeping, the method by which cases are assigned to the various judges, the man-hours con sumed in the actual administration of justice, and any and all means and methods by which the quality of justice may be improved and made more efficient and speedier, and a means and method of equalizing the compensation paid to officials engaged in administering justice.

Section 3. The said commission shall be composed of eleven (11) members, which said members shall be selected in the following man ner:
(a) Two members shall be appointed by members of the House of Representatives who represent the counties involved;
(b) Two members shall be appointed by the members of the Senate who represent the counties involved;
(c) One member shall be appointed by the judges of any court or courts of limited jurisdiction in the counties involved, but shall not be a judge of any such court of any said county;

(d) One member shall be appointed by the judges of the superior court of the counties involved, but shall not be a judge of the superior court of any said county;

(e) One member shall be appointed by each regularly organized bar association of any of the counties involved;

(f) One member shall be appointed by the governing authority of the counties involved, but shall not be an official of any said county;

(g) One member shall be appointed by the Planning and Executive Institute;

(h) One member shall be appointed by the Legal Aid Society.

The said commission shall be competent to function when at least seven (7) members have been appointed. Not more than four shall be practicing attorneys.

Section 4. The commission shall meet at a date to be set by the members appointed by the delegation from the Senate and the House of Representatives of the counties involved, at a place designated by them for the purpose of organization and electing the Chairman of said commission. The said commission shall meet upon the call of its Chairman.

FRIDAY, MARCH 12, 1971

3099

Section 5. (a) The findings and recommendations and any reports of the proceedings of the commission shall be filed with each House of the General Assembly by not later than December 31, 1971 and a copy shall be furnished to each member of the House and Senate delega tion of the counties involved, the members of the governing authority of the counties involved, the judges of the courts involved, and the clerk of the superior court of the counties involved.

(b) Any proposed revision or adjustment in the compensation paid to elected officials, or any proposed change in the laws pertaining to the structure of the horizontally structiired courts in any county af fected shall be made available and filed with the governing authority of the county at least ten (10) days prior to the convening of the regular session of the General Assembly.

Section 6. The county shall furnish all clerical assistance to the commission as needed. The members of the commission shall be com pensated in the amount of $25.00 per day for meetings of the com mission actually attended for a maximum of 15 days. The compensation of the members shall be paid from the funds of the counties involved.

Section 7. The recommendations of said commission shall be of an advisory nature. The said commission may issue, from time to time, reports of its recommendations and findings, and so cause the same to be published and made available to the press.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Townsend of the 115th moved that the House agree to the Senate sub stitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1002 was agreed to.

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 Resolu tion of the Senate and has instructed me to report same back to the House with the following recommendation:

SR 115. Do Pass.

Respectfully submitted,

Busbee of the 61st,

Chairman.

3100

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

Your Committee on Rules met and submits the following supplement to the calendar already adopted this date, March 12, 1971, by adding the following:
HR 297 Banking Laws Study Committee, Create SR 16 Creating Consumer Protection Study Committee SR 115 Tax Assessors, Min. Cert. Standards, Submit Rep. SB 132 Education Course, Health and Physical SB 238 Workmen's Compensation, Right of Subrogation SB 308 St. Bd. of Exam. & Plumbing Contractors, Journeyman

Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain of full force and effect.
Respectfully submitted Lambert of the 25th,
Vice-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 788. By Mr. Busbee of the 61st:
A Bill 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.
The Senate has disagreed to the House amendment to the following Bill 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; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 12, 1971

3101

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 221. By Senators Smith of the 34th, Coggin of the 35th and Patton of the 40th:
A Bill to be entitled an Act to amend the Housing Authorities Law, so as to redefine the area of operation of a city housing authority; and for other purposes.

Mr. Phillips of the 50th moved that SB 221 be recommitted to the Committee on State Planning and Community Affairs for further study.

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 Bond Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Carr Chandler Chappell Cheeks Clements Cole Collins, M. Coney, G. D. Connell Cook Daugherty Dean, Gib Dean, J. E.

Dean, N. Dent Drury Egan Evans Ezzard Farrar Felton Fraser Gary Gaynor Gignilliat Grahl Grantham Greer Gunter Hadaway Hamilton Harrington Hawes Hays Hill, B. L. Horton Howard Hudson, C. M. Hutchinson Jessup Johnson Jones, Herb Keyton Kreeger Lambert

Larsen, W. W. Le vitas Lewis
Logan Marcus
Mason Mauldin Maxwell McCracken McDaniell McDonald
Melton Merritt Miles Miller
Moore Moyer Mulherin
Noble Nunn Oxford
Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Rainey Reaves
Ross Rush

3102
Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shepherd Sims

JOURNAL OF THE HOUSE,

Snow Sorrells Stephens Thomason Thompson Toles Townsend

Triplett Tripp Turner Wamble Wheeler, Bobby Whitmire Wood

Those voting in the negative were Messrs.:

Barfield Bennett, J. T. Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Carter Chance Collier Collins, S. Colwell Coney, J. L. Conger Davis, E. T. Davis, W. Dorminy Ployd, J. H. Floyd, L. R.

Geisinger Granade Griffin Harrison Hill, G. Housley Hudson, Ted Isenberg
Jones, J. R. Jordan King Knight Knowles Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett

Longino Lowrey Milford Morgan Mullinax Murphy Nessmith Northcutt Odom Patterson Peters Potts Roach Sherman Smith, H. R. Smith, V. T. Westlake Wilson

Those not voting were Messrs.:

Black Busbee Dailey Dixon Edwards Ham Harris Hood

Howell Matthews, C. Matthews, D. R. Patten Salem Shanahan Smith, J. R. Strickland

Sweat Vaughn Ware Wheeler, J. A Williams Mr. Speaker

On the motion, the ayes were 117, nays 56.

The motion prevailed and SB 221 was recommitted to the Committee on State Planning and Community Affairs for further study.

The following Bills of the House were taken up for the purpose of con sidering the Senate amendments and substitutes thereto:

FRIDAY, MARCH 12, 1971

3103

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 craate a new section of the State Properties Control Code; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Public Utilities and Transportation moves to amend HB 988 as follows:
By inserting in the title in line 14 on page 1 between the word "bodies," and the word "public" the words, "companies engaged in the transportation of gas or energy for consumption by the public,";
By inserting in the title in line 23' on page 1 between the word "Code;" and the word "to" the words, "to provide for the construction of this Act,";
By inserting in line 21 on page 2 between the word "bodies," and the word "public" the words, "companies engaged in the transportaion of gas or energy for consumption by the public,";
By inserting between the word "body," and the word "public" where the same appear at the end of line 5 and the beginning of line 6 on page 4 the words, "company engaged in the transportation of energy or gas for consumption by the public,";
By inserting in line 18 on page 4 between the word "body," and the word "public" the words, "company engaged in the transportation of energy or gas for consumption by the public,";
By adding at the end of subsection (c) of Section 1 the following sentence:
"Any grant of a license shall be subject to approval by the Public Service Commission or other appropriate State regulatory bodies that the proposed use of the property meets all safety and regulatory requirements.";
And by renumbering Section 2 and 3 as Sections 3 and 4 and inserting a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall not be construed, or interpreted, as amending, conflicting with, or superseding any or all of the provisions of Code of Georgia Section 104-205."

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:

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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 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, 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 Drury
Evans
Ezzard
Farrar
Felton
Floyd, L. R.

Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Ham Hamilton Harrington Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, Ted Hutchinson 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 Le vitas Lewis Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McDaniell
McDonald
Melton
Merritt
Miles
Milford

Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Piekard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

FRIDAY, MARCH 12, 1971

3105

Those not voting were Messrs.:

Barfield Bennett, J. T. Colwell Cook Dailey Dixon Dorminy Edwards Egan Floyd, J. H. Greer Gunter

Hadaway Harris Hill, G. Hudson, C. M. Isenberg King Logan Longino Matthews, C. McCracken Moore Murphy

Northcutt Peters Shepherd Smith, J. R. Snow Strickland Sweat Thomason Townsend Mr. Speaker

On the motion, the ayes were 161, nays 0.

The motion prevailed and the Senate amendment to HB 988 was agreed to.

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, so as to include blood banks and tissue banks within the present definition of clinical labora tories; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Health and Welfare moves to amend HB 327 as follows:
By deleting the comma which appears after the word "processing" on line 6 of page 2 and by inserting in lieu thereof the word "or";
And by deleting from line 6 of page 2 the following:
", and administration".

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:

3106

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, Tom Berry Black Blackshear Bohannon Bond Bo stick 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. 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 Evans Ezzard Farrar Felton

Floyd, L. E. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Hadaway Ham Harrington Harrison Hays Hill, B. L. Hood Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, J. B. 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 Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell 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. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Sorrells Stephens Strickland Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

FRIDAY, MARCH 12, 1971

3107

Those not voting were Messrs.:

Barfield Bennett, J. T. Colwell Cook Dailey Dixon Egan Floyd, J. H. Greer Gunter

Hamilton Harris Hawes Hill, G. Howard Isenberg Jones, Herb Logan Longino Matthews, C.

McCracken Moore Phillips, W. R. Pickard Shepherd Smith, J. R. Snow Sweat Townsend Mr. Speaker

On the motion, the ayes were 165, nays 0.

The motion prevailed and the Senate amendment to HB 372 was agreed to.

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; and for other pur poses.
The following Senate substitute was read:
A BILL
To be entitled an Act to provide for parking spaces for the offices of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the Secretary of the Senate; to provide parking spaces for members of the General Assembly; to prohibit certain park ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Four parking spaces shall be provided for each of the offices of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and two spaces for the office of the Secretary of the Senate. The Secretary of State, in conjunction with the Governor, Lieutenant Governor and Speaker, shall designate the twelve spaces by appropriate signs and each of the three officials shall designate the persons who are authorized to park motor vehicles in said spaces. Such spaces shall be provided on the streets bordering the State Capitol Building, except Hunter Street and Washington Street, and it shall not be necessary that ail twelve spaces be on the same street. No parking shall be allowed on Washington Street. No parking shall be allowed on Hunter Street except during the periods beginning ten days before any regular or extraordinary session and ending ten days after ad journment of any regular or extraordinary session of the General As sembly. Only members of the General Assembly are authorized to park their motor vehicles on that portion of Hunter Street bordering the

3108

JOURNAL OF THE HOUSE,

State Capitol Building during the aforesaid period. The Secretary of State shall provide appropriate signs for this purpose. During sessions of the General Assembly, only members of the General Assembly are authorized to park their motor vehicles on the other streets bordering the State Capitol Building, except for the twelve spaces designated above. The Secretary of State shall provide appropriate signs for this purpose. No motor vehicle shall be parked on the streets bordering the State Capitol Building except as provided herein, and any motor vehicle parked in violation of the provisions of this Act shall be impounded and the Governor is hereby authorized to grant jurisdiction to the governing authority of the City of Atlanta to issue citations for illegal parking in any of said parking areas.

Section 2. The Georgia Building Authority shall be authorized to maintain thirty (30) parking spaces on the present upper level parking deck for members of the Legislature during the period of time when the Legislature is not in session. The members of the General Assembly shall pay for these parking spaces such rate as may be determined by the Georgia Building Authority.

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

Mr. Rush of the 51st moved that the House agree to the Senate substitute.

On the motion, 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 Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee

Carr Carter 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. Dean, N. Dent Dorminy

Drury Edwards Egan Evans Parrar 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. Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Jordan 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

FRIDAY, MARCH 12, 1971

3109

Mason Matthews, C. Mauldin Maxwell McDaniell 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.
Pinkston
Poole
Potts

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

Those voting in the negative were Messrs.:

Chance Ezzard King

Savage Sims Turner

Williams

Those not voting were Messrs.:

Alexander, W. M. Atherton Barfield Bennett, J. T. Bowen Burruss Colwell Cook Dailey Dixon Greer

Hamilton Hill, G. Hood Howard Isenberg Jones, Herb Keyton Longino Matthews, D. R. McCracken McDonald

Moyer Phillips, W. R. Pickard Russell, H. P. Shepherd Smith, J. R. Snow Sweat Townsend Mr. Speaker

3110

JOURNAL OF THE HOUSE,

On the motion, the ayes were 156, nays 7.

The motion prevailed and the Senate substitute to HB 721 was agreed to.

HB 202. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act, so as to provide for incentive increases in compensation for certain members of the Depart ment of Public Safety; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating the Department of Public Safety approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide for incentive pay increases for certain mem bers of the Department of Public Safety; to provide the procedure con nected therewith; to change the compensation of the Director of Public Safety; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act creating the Department of Public Safety, ap proved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, is hereby amended by adding at the end of Section 2 of Article II a new para graph, to read as follows:
"Incentive pay increases shall be granted, subject to availa bility of appropriated funds or grants, to those members of the Uniform Division of the Department of Public Safety and those members of the Georgia Bureau of Investigation who have obtained degrees or certificates from an accredited mem ber of the Federation of Regional Accrediting Commissions of Higher Education, to be paid as follows:
(i) Completion of at least one year of degree-creditable college study consisting of the equivalent of 30 semester hours of education ....... $200.00 per year.
(ii) Associate, or two-year degree, or certificate ...... .00 per year.
(iii) Bachelor's or four year degree ..... $800.00 per year"
Section 2. Said Act is further amended by striking the second paragraph of Section 3 of Article I in its entirety and inserting in

FRIDAY, MARCH 12, 1971

3111

lieu thereof a new second paragraph of Section 3 of Article I, to read as follows:

"The Director of Public Safety of Georgia shall serve at the pleasure of the Department of Public Safety and shall receive a salary of $22,500.00 per annum to be paid in equal monthly or semi-monthly installments. He shall also receive the subsistence allowance provided for troopers and officers and reimbursement for expenses incurred for travel, lodging and meals in the same manner as other State employees."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Murphy of the 19th moved that the House agree to the Senate sub stitute.

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. Alien Battle Bell Bennett, Tom Black Blackshear Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brrown, B. D. Brown, C. Busbee Carr Carter Chance Chappell Cheeks Clements 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 Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter

Hadaway Ham Harris Harrison Hawes Hays Hill, B. L. Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Jordan Keyton Knight Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Leggett Lewis Lowrey Marcus Mason

3112
Mauldin Maxwell Melton Miles Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Oxford Patten Phillips, G. S.

JOURNAL OF THE HOUSE,

Phillips, L. L. 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 Sweat Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood

Those voting in the negative were Messrs.:

Atherton Brown, S. P. Collins, S. Coney, G. D. Floyd, L. R. Harrington Hood

Kiney Knowles Larsen, G. K. Lee, W. S. Noble Odom

Patterson Phillips, W. R.
Stephens Vaughn Westlake Williams

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T. Berry Buck Burruss Chandler
Cole
Collier
Collins, M.
Colwell
Cook
Dailey
Dean, Gib Egan

Floyd, J. H. Hamilton Hill, G. Howard Isenberg Jones, Herb Kreeger
Lambert
Larsen, W. W.
Levitas
Logan
Longino
Matthews, C.
Matthews, D. R.
McCracken

McDaniell McDonald Merritt Milford Pearce Peters Pickard
Smith, J. R.
Snow
Strickland
Thomason
Thompson
Townsend
Mr. Speaker

On the motion, the ayes were 132, nays 29.

The motion prevailed and the Senate amendment to HB 202 was agreed to.

FRIDAY, MARCH 12, 1971

3113

HB 569. By Messrs. Battle of the 90th, Greer of the 95th and others:
A Bill to be entitled an Act to provide for the settlement of disputes concerning wages of employees of certain fire departments; and for other purposes.

The following Senate amendments were read:

Senator Garrard of the 37th moves to amend HB 569 as follows: p. 1, line 14, after "Act;" insert:

to provide for municipalities coming under the provisions of this Act;

p. 7, between lines 11 and 12 add a new Section 14 to read as fol lows:

"Section 14. Applicability. Provided however, that before a municipality of 20,000 or more and its firefighters can come under the provisions of this Act the governing authority of the municipali ty must agree by ordinance that the municipality will be so covered; in no case may a city of less than 20,000 come under the provisions of this Act.";

and p. 7, renumber Section 14, 15, and 16, as Section 15, 16 and 17 respectively.

Senator Holloway of 12th moves to amend HB 569 as follows:

By striking the last sentence of subsection (a) of Section 3, which reads as follows:

"It shall also include the members of the fire department at Central Hospital.",

in its entirety.

Senators Jackson of the 16th and Hudgins of the 15th offer the following amendment:

Amend HB 569 by adding after the word "Act;" on line 14, page 1, the following:

"to provide for exceptions;"

and to add a new Section after Section 14 on page 7 to be numbered Section 15 and to read as follows:

"Section 15. Provided, however, that the provisions hereof shall not apply in consolidated city-county governments with a popula tion of 150,000 or more by the census of 1970 or any future census."

3114

JOURNAL OF THE HOUSE,

and to renumber Sections 15 and 16 as Sections 16 and 17.

Mr. Battle of the 90th 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 Battle Bell Bennett, Tom
Berry Black Blackshear Bond 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. Coney, G. D. Coney, J. L. Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Hadaway Hamilton Harrington Hawes Hays Hill, B. L. Horton Housley Howard Howell Hudson, Ted Hutchinson 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. 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 Nessmith Noble Northcutt Nunn Odom Oxford Patterson 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 Sims Smith, H. R.

FRIDAY, MARCH 12, 1971

3115

Smith, V. T. Sorrells Stephens Strickland Thomason Thompson Toles Triplett Tripp Turner

Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Voting in the negative were Messrs. Buck and Sherman.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bohannon Bostick Bowen Collier Colwell Conger Dailey Dixon Floyd, J. H. Ployd, L. R.

Gunter Ham Harris Harrison, Hill, G. Hood Hudson, C. M. Isenberg Lambert Lee, W. J. (Bill) Longino McCracken

Moore Murphy Patten Phillips, W. R. Shepherd Smith, J. R. Snow Sweat Townsend Mr. Speaker

On the motion, the ayes were 159, nays 2.

The motion prevailed and the Senate amendments to HB 569 were agreed to.

His Excellency, Governor Jimmy Carter, appeared upon the floor of the House and briefly addressed the members thereof, expressing his gratitude for what he termed a most productive Session of the General Assembly.

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

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.

3116

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Murphy of the 19th moves to amend SB 47 as follows:

1. By striking from the title the following:

", or the failure of an appointed official to be reappointed;",

and inserting in lieu thereof the following:

", to provide that certain service shall not be applicable toward involuntary separation; to provide for creditable service for full-time State employment; to provide an effective date;".

2. By striking the last sentence of the first paragraph of sub section (25) quoted in Section 1 of said bill and inserting in lieu thereof the following:

"Involuntary separation shall not include the failure in an election of an elected official who becomes a member of the System for the first time on or after July 1, 1971."

3. By renumbering Section 2 as Section 4.

4. By adding a new Section, to be known as Section 2, to read as follows:

"Section 2. Any other provisions of law to the contrary not withstanding, no creditable service of any nature which may be allowed under the provisions of House Bill No. 30 passed at the regular 1971 session shall be used in any manner to qualify a member for benefits under the involuntary separation provisions of the Retirement System Act, as amended. No credit shall be given under Section 1 of said House Bill No. 30 except for full-time State employment."
5. By adding a new 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."

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:

FRIDAY, MARCH 12, 1971

3117

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 Bos tick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Coiling, S. Colwell Coney, G. D. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Fraser Gary

Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Hadaway Ham Harrington Harris Hawes Hays Hill, B. L. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R.
Keyton King Knight Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett 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. Pinkston Poole Potts Rainey 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. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

3118

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Bennett, J. T. Bray Brown, S. P. Collier Collins, M. Coney, J. L. Dailey Dean, N. Floyd, J. H.

Floyd, L. R. Granade Gunter Hamilton Harrison Hill, G. Hood Horton Isenberg Jordan

Lane, Dick Levitas Phillips, W. R. Pickard Roach Savage Snow Townsend Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 165, nays 0.

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

SR 115. By Senator Holloway of the 12th:
A Resolution directing the State Revenue Commissioner to conduct a study and to submit a report to the next regular session of the General Assembly on minimum certification standards for tax assessing officials; 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 Battle Bell Bennett, Tom Berry Black Blackshear Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D.

Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole 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 Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gaynor Geisinger Gignilliat

Grahl Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson 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 Levitas

FRIDAY, MARCH 12, 1971

3119

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. Pinkston Poole

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 Westlake Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs. :

Barfield Bennett, J. T. Bohannon Bray Carter Collier Collins, M. Dailey Dorminy

Egan Floyd, J. H. Gary Granade Harrison Hawes Hill, G. Isenberg Knight

Phillips, W. R. Pickard Potts Rainey Savage Snow Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

3120

JOURNAL OF THE HOUSE,

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.

WHEREAS, a Committee has functioned in the State of Georgia for the past few years to study consumer credit, with particular em phasis on the Uniform Consumer Credit Code recommended by the National Conference of Commissioners on Uniform State Laws; and

WHEREAS, Congress has enacted the Federal Consumer Credit Protection Act, two states have enacted the Consumer Credit Code arid the remaining1 states have either passed or are considering1 passing consumer protection legislation; and

WHEREAS, the members of the General Assembly and the general public need to stay abreast of developments in the field of consumer protection.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created the Consumer Protection Study Committee to be composed of six members of the Senate, to be appointed by the President of the Senate; six members of
the House of Representatives, to be appointed by the Speaker of the House of Representatives; ten members of the general public knowledge able in consumer affairs, to be appointed by the Governor. The Com mittee shall continue to study the various reports and legislation en acted by the Federal Government and the various states relating to consumer protection. 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 Committee shall meet for not more than 15 days during the interim between sessions. The legislative and appointed members of the Com mittee shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or available to the legislative branch of the government. The Com mittee shall make a report of its findings and recommendations to the 1972 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

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

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

FRIDAY, MARCH 12, 1971

3121

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 Bostick Bowen Brantley, H. L. Brown, C. Brown, S. P. Burruss Busbee Carr Carter 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, L. R.
Fraser
Gary

Gaynor Geisinger Gignilliat Grahl Grantham Griffin Gunter Hadaway Ham Harrison Hawes Hays Hood Housley Howard Hudson, C. M. Hudson, Ted Hutchinson 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 Log1 an Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore

Morgan Moyer Mulherin Mullinax Murphy Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole 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. Sorrells Stephens Sweat Thompson Toles Triplett Tripp Turner Wamble Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood

3122

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T. Bond Brantley, H. H. Bray Brown, B. D. Buck Chance Collier Dailey Egan Floyd, J. H.

Granade Greer Hamilton Harrington Harris Hill, B. L. Hill, G. Horton Howell Isenberg Lane, W. J. Longino McCracken

Nessmith Northcutt Pickard Potts Rush Snow Strickland Thomason Townsend Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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

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 following Senate amendment was read: The Senate Committee on Banking and Finance moves to amend
HB 874 as follows: By striking line 21 in its entirety and inserting in lieu thereof the
following: "sections 92-3211 and 92-3305 (a) relating to failure".
Mr. Bray of the 31st moved that the House agree to the Senate amendment.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 12, 1971

3123

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. 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
Ezzard

Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Gunter Hadaway Ham Hamilton Harrington Harris Hays 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.
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 Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. 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

3124
Strickland Thomason Thompson Triplet* Tripp Turner

JOURNAL OF THE HOUSE,

Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A.

Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Brantley, H. H. Buck Dailey Dixon Evans

Floyd, J. H. Harrison Hawes Hill, B. L. Hill, G. Isenberg Nunn Phillips, W. R.

On the motion, the ayes were 172, nays 0.

Pickard Savage Snow Sweat Toles Townsend Mr. Speaker

The motion prevailed and the Senate amendment to HB 874 was agreed to.

HB 1017. By Messrs. Dixon and Sweat of the 65th, Wheeler of the 75th 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.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 1017 as follows:
By adding in the title, immediately preceding the phrase "to repeal conflicting laws", the following:
"to provide for a referendum;";
By renumbering Section 3 as Section 4;
And by adding a new Section 3, to read as follows:
"Section 3. It shall be the duty of the Ordinaries of Brantley, Charlton, Coffee, Bacon, Ware and Pierce Counties to issue the call for an election for the purpose of submitting this Act to the voters of their respective counties for approval or rejection. The Ordi-

FRIDAY, MARCH 12, 1971

3125

naries shall set the date of such election for the same day as the general primary in 1972. The Ordinaries 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 their respective counties. The ballot shall have written or printed there on the words:

'YES ( ) Shall the Act increasing the compensation of the ofNO ( ) ficial court reporter of the Waycross Judicial Circuit
to $8,000.00 per year be approved?'

All persons desiring to vote in favor of the Act shall vote 'Yes', and those persons desiring to vote for rejection of the Act shall vote 'No'. If more than one-half of the votes cast on such question by the electors in each county 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 Brantley, Charlton, Coffee, Bacon, Ware and Pierce Counties. It shall be the duty of the Ordinaries to hold and conduct such election. They shall hold such elec tion under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinaries to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State."

Mr. Dixon of the 65th 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 1017 was agreed to.

HB 788. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 92-1403 and 921405 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.

The following Senate amendment was read:

The Senate Committee on Banking and Finance moves to amend HB 788 as follows:
By striking from the title the following:
"so as to provide for a definition of a sale;";

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JOURNAL OF THE HOUSE,
and by striking in its entirety Section 1, and by renumbering Sections 2 through 12 as Sections 1 through 11, respectively.

Mr. Busbee of the 61st 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 Battle Bell Bennett, Tom Berry Black Blackshear 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 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 Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton 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 Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell 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. Pinkston Poole Potts

Rainey Reaves Roach Boss Rush Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Shepherd

FRIDAY, MARCH 12, 1971

3127

Sherman Sims Smith, H. R, Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Thompson Toles Triplett

Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett, J. T. Bohannon Brantley, H. H. Buck Dailey Ezzard Farrar Gary Granade Hadaway

Hill, G. Hood Howell Isenberg Knowles Levitas Longino Matthews, C. McCracken Murphy Northcutt

Patterson Phillips, W. R. Pickard Russell, W. B. Savage Snow Strickland Thomason Townsend Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 162, nays 0.

The motion prevailed and the Senate amendment to HB 788 was agreed to.

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

SB 308. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to provide the circum stances under which certain persons may be issued a certificate of qualification as a journeyman plumber without the necessity of standing the required examination; and for other purposes.

The following amendment was read and adopted:
Mr. Wood of the llth moves to amend SB 308 as follows:
By adding between the words and symbol "the required examina tion;" and the word "to" on line 6 of page 1 the following:

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JOURNAL OF THE HOUSE,

"to change the provisions relating to the composition of the Board of Examiners;";

By renumbering Section 2 beginning on line 22 of page 1 as Section 3;

and by inserting after Section 1 ending on line 21 of page 1, a new section, to be numbered Section 2, to read as follows:

"Section 2. Said Act is further amended by striking from the first sentence of Section 7 the word 'or' so that when so amended the first sentence of Section 7 shall read as follows:

'The Board of Examiners shall consist of ten licensed master contracting plumbers and four journeymen plumbers and one quali fied fulltime plumbing inspector.' "

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. Alien Atherton Battle Bell 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 Chandler

Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Evans Felton Fraser Gary Gaynor Geisinger Gignilliat

Grahl Grantham
Griffin Gunter Hadaway Ham Harrington Harrison
Hawes Hays Hill, B. L. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson
Jessup Johnson Jones, Herb
Jones, J. B. 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 McCracken McDaniell Melton Merritt Miles Milford Miller Moore

FRIDAY, MARCH 12, 1971

3129

Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odoni Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B.

Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson Triplett Tripp Turner Vaughn Wamble Ware Westlake Wheeler, J. A. Whitmire Williams Wilson Wood

Those voting in the negative were Messrs.:

Collins, S.

Egan

Hood

Those not voting were Messrs.:

Adams, John Barfield Bennett, J. T. Blackshear Brantley, H. H. Chance Collier Coney, J. L. Dailey Drury Edwards Ezzard Farrar

Floyd, J. H. Floyd, L. R. Granade Greer Hamilton Harris Hill, G. Horton Isenberg Levitas Longino McDonald Murphy

Phillips, W. R. Pickard Russell, A. B. Savage Shepherd Stephens Strickland Toles Townsend Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 3.

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

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JOURNAL OF THE HOUSE,

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 administration; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 32-19, relating to physical education and training, so as to provide that the Georgia State Board of Education shall prescribe a course of study in health and physical education in the public school system and to establish standards for its administration; to provide that said course may include in struction in alcohol, smoking and health and drug abuse education; to provide that said course may include a minimum of 30 minutes of instruction per day in kindergarten through grade eight or equivalent education levels; to provide for a separate course in health education and a separate course in physical education by universities and col leges having teacher preparation programs; to provide that such courses shall include general knowledges and attitudes in all critical areas of health and shall include drug abuse, alcohol, smoking and health; to authorize county, city and area boards of education to em ploy supervisors and special teachers of physical education and health education; to provide for the joint employment of such personnel; to authorize boards of education to allow the use of school buildings or school grounds under such rules and regulations as they deem proper; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 32-19, relating to physical education and training, is hereby amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 32-19, to read as follows:
"CODE CHAPTER 32-19 HEALTH AND PHYSICAL EDUCATION
32-1901. State Board of Education to Prescribe Course of Study in Health and Physical Education. The Georgia State Board of Edu cation shall prescribe a course of study in health and physical edu cation for all grades and grade levels in the public school system and shall establish standards for its administration. Said course may include instruction in alcohol, smoking and health and drug abuse education and may occupy periods totaling not less than (30) minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such

FRIDAY, MARCH 12, 1971

3131

courses of study shall be prepared by or approved by the State Superintendent of Schools in cooperation with the State Board of Health and State Board of Education, and such expert advisors as they may choose.

32-1902. Universities and Colleges Required to Teach Separate Courses in Health and Physical Education. Universities and col leges having teacher preparation programs shall require, as a part of teacher preparation requirements, a separate course in health education and a separate course in physical education. The con tent of said course in health education shall include general knowl edges and attitudes in all critical areas of health and shall include drug abuse, alcohol and smoking and health education. The re quired course in physical education shall contain knowledges, atti tudes and understandings of how physical activity shall be inte grated and correlated into the total life style of an individual.

32-1903. City, County and Area Boards Authorized to Employ Supervisors and Special Teachers. County, city and area boards of education may employ supervisors and special teachers of physical education and health education in the same manner as other teachers are employed provided they possess such qualifications as the State Board of Education may prescribe. Boards of education of two or more school districts, may jointly employ a supervisor or special teacher of health or physical education. Boards of education may allow the use of school buildings or school grounds after the regular school hours and during vacations as community centers for the pro motion of play and other healthful forms of recreation, under such rules and regulations as they deem proper."

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

An amendment, offered by Messrs. Hill of the 94th and Brown of the 110th, was read and lost.

The Committee substitute was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Atherton Battle Bell Bennett, Tom

Berry Black Blackshear Bohannon Bostick

3132
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. 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. Floyd, L. R. Gaynor Gignilliat Grahl Grantham Griffin Gunter Hadaway Ham Hamilton

JOURNAL OP THE HOUSE,

Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, Dick 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 Merritt Miles Milford Miller Moore Morgan

Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach 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 Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire Wilson Wood

Those voting in the negative were Messrs.:

Bond Collier Egan Geisinger

Knight Lane, W. J. Lee, W. S. Odom

Phillips, W. R. Ross Westlake Williams

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3133

Those not voting were Messrs.:

Barfield Bennett, J. T. Brantley, H. H. Collins, S. Dailey Dean, J. E. Drury Fraser

Gary Granade Greer Hood Howell Isenberg Melton Peters

Pickard Rush Savage Stephens Strickland Townsend Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 12.

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

SB 164. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act regulating and providing for the supervision of the business of private employment agencies, as amended, so as to redefine the terms "employment agent" or "employment agency"; and for other purposes.
The following committee substitute was read:
A BILL
To be entitled an Act to create the Georgia State Board of Private Employment Agencies; to provide for a short title; to declare the pur pose of said Act; to define certain terms; to provide that it shall be un lawful to open, operate or maintain an employment agency without a li cense; to provide for the appointment, terms, qualifications, oath, com pensation and removal of Board members; to provide for meetings and quorum; to provide for a secretary and the powers and duties thereof; to provide for personnel, their qualifications, appointment and respon sibility; to define the powers and duties of said Board; to require a li cense to operate a private employment agency, and for the display of such licenses; to provide for qualifications, examinations and the issu ance of licenses to applicants for such licenses; to provide for bonds; to provide grounds for reprimand of licensees and suspension or revocation of licenses; to provide for renewal and expiration of licenses; to provide for the setting of fees by the Board; to provide for enforce ment of this Act by penalty, injunction and criminal prosecution; to pro vide exemptions; to provide for all matters relative to the foregoing; to provide for sever ability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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Section 1. Short title. This Act shall be known and may be cited as the "Georgia State Board of Private Employment Agencies Act".

Section 2. Declaration of purpose. The Georgia State Board of Private Employment Agencies Act is enacted for the purpose of safe guarding the public by providing for State administrative control, supervision and regulation of the private employment agency industry. The private employment agency industry is hereby declared to be affected with the public interest, and this Act shall be liberally construed so as to accomplish the foregoing purpose.

Section 3. Definitions. In this Act the following terms shall have the respective meanings listed in this Section unless the context clearly requires a different meaning.

(a) "Board" means Georgia State Board of Private Employment Agencies.

(b) "Employee" means any person performing or seeking to per form work or service of any kind or character for hire.

(c) "Employer" means any person employing or seeking to employ any person for hire.

(d) "Employment Agent" or "Employment Agency" shall mean any person who, for a fee payable in whole or in part by an employee or employer, (1) procures or offers or attempts to procure employees for persons seeking the service of employees, or employment for persons seeking employment; or (2) who, for a fee payable in whole or in part by an employee, in seeking to perform any of the foregoing, gives in formation by any means as to where employees or employment may be obtained, except licensed broadcasters and publishers not primarily con cerned with job placement shall be exempt. A person engaged exclusive ly in the business of providing part-time or temporary personnel or business services to or for others and under their direction shall be deemed not to be engaged in the employment agency business so long as the individuals furnished to perform such services remain for all pur poses the employee of such person.

(e) "Fees" mean anything of value, including any money or valuable consideration, extracted, charged, collected or received, directly or indirectly or paid or promised to be paid for any service or act de scribed or enumerated in subsection (d) hereof.

(f) "Joint-Secretary" means the Joint-Secretary, State Examining Boards of Georgia.

(g) "License" means a valid and current certificate of registration 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 ac tivity prescribed thereon.
(h) "Licensee" means any person holding a license.

FRIDAY, MARCH 12, 1971

3135

Section 4. Licenses. It shall be unlawful for any person, firm or corporation to open, operate or maintain an employment agency in the State of Georgia without a license.

Section 5. Georgia State Board of Private Employment Agencies created; members of Board; appointment; terms; quorum; removal; vacancies. There is hereby created a Georgia State Board of Private Employment Agencies. The Board shall consist of five (5) members to be appointed by the Governor and confirmed by the Senate. The terms of the first members appointed to the Board shall expire as follows: Two members, January 1, 1972; two members, January 1, 1973; and, one member, January 1, 1974. Thereafter all appointments shall be for a term of three years. No more than two (2) members shall have of fices in the area composed of Fulton, DeKalb, Cobb, Clayton and Gwinnett Counties. Four (4) members of the Board members shall constitute a quorum, and a majority vote of the members present shall be necessary for the transaction of Board business. No more than (1) person from any one (1) management group or branch or any one (1) franchise group shall be a member of the Board. The Governor may remove any member of the Board for neglect of duties, incompetency, revocation or suspension of his license or other dishonorable conduct or if he is no longer an employment agency licensee or an officer of a corporate licensee actively engaged in that industry. Vacancies oc curring in the membership of the council for any reason shall be filled by appointment of the Governor for the unexpired term.

Section 6. Members of Board; 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 a resident of the State of Georgia for at least two years immediately preceding his appointment; and
(c) be of good character.

Section 7. Members of Board; oath. Appointees to the Baord shall immediately after their appointment take and subscribe to a written oath or affirmation required by law for all public officers.

Section 8. Members of Board; meetings; secretary of Board; duties; affidavit of official records. The Board shall meet at least once in each calendar quarter of each year and unless a different date therefor is designated by the chairman, the meeting shall be conducted on the first Wednesday of the second month in each calendar quarter. The Board may hold special meetings on five (5) days' notice upon the call of the chairman or any two members of the Board. All meetings of the Board shall be open to the public, except that the Board may hold restricted attendance sessions to prepare, administer and grade examinations and to deliberate in connection with the decision in a contested case. The Joint-Secretary shall be secretary of the Board, and, in addition to his duties as prescribed by Chapter 84-1 of the Code of Georgia, as amended, he shall perform such other administrative duties as may be

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prescribed by the Board. All legal processes 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 in 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 in its.

Section 9. Officers of the Board. The Board shall elect a chair man and such other officers which the Board deems necessary for the proper functioning of its activities at its organizational meeting and at the first meeting conducted by the Board each calendar year. The Board shall promulgate rules and regulations for the operating procedures of the Board.

Section 10. Members of the Board; compensation. The members of the Board shall receive no compensation for their services.

Section 11. Personnel; employment; supervision. The Secretary of State shall employ such personnel as may be necessary to the proper administration and enforcement of the provisions of this Act. All per sonnel shall be under the direct supervision of the Joint-Secretary, act ing on behalf of the Board and shall serve at the pleasure of the Secre tary of State.

Section 12. Powers and duties of Board.

(a) Prepare and approve all examinations of applicants for li censes ; and

(b) Determine the character and qualifications of and license private employment agents or private employment agencies; and

(c) Regulate the private employment agency industry; and

(d) Investigate alleged violations of the provisions of this Act and any other laws of this State pertaining to the private employment agency industry and any rules and regulations adopted by the Board. In order to facilitate this duty, any investigator, on behalf of the Board, shall have the power and right to enter and make reasonable inspection of any private employment agency business during regular business hours; and

(e) Conduct hearings and provide for appeals in accordance with the Georgia Administrative Procedure Act.

(f) Reprimand any person, or suspend, revoke or cancel the license of, or refuse to grant or, renew a license to any person upon any ground specified in this Act; and

(g) Adopt a seal, the imprint of which together with the au thorized signature of either the Joint-Secretary or any other member authorized by the Board shall be effective to evidence its official acts; and

FRIDAY, MARCH 12, 1971

3137

(h) Maintain in the office of the Joint-Secretary a register of all persons holding a license, and a record of all inspections conducted by or on behalf of the Board; and
(i) Adopt such rules and regulations as shall be reasonably neces sary for the enforcement and implementation of the provisions and pur poses of this Act and other laws of this State insofar as they relate to the private employment agency industry.
Section 13. Examinations, (a) Each principal of an employment agency, and if such employment agency is a corporation, each active officer or the manager thereof, and each active partner of a partner ship shall upon the initial licensing of such individual by means of a written examination, reasonably satisfy the Board that he has sufficient knowledge of this Act and the rules and regulations promulgated hereunder, of the laws against discrimination in employment and pertinent labor laws, to reasonably insure that any acts performed by him as a licensee will be in compliance with the applicable laws and rules and regulations. The examination shall be prepared and administered by the Board at least once each calendar month. No employment agency license shall be issued except in compliance with the provisions of this Act except that this subsection shall not apply to the renewal of valid licenses possessed by persons or corporations on the effective date of this Act.
(b) Every application for a license shall be accompanied by a bond in the sum of five thousand dollars ($5,000.00) with a duly licensed and authorized surety company, to be approved by the Board and filed in the office of the Joint-Secretary, and shall be conditioned that the person applying for the license will comply with the provisions of this Act and with the terms of each and every agreement entered into and between said person and any employee or employer, and that the appli cant shall return to the employee or employer all moneys paid out by him, as well as any money or valuable consideration of any kind or nature taken worngfully from or suffered by the employer or em ployee. If, at any time, in the opinion of the Board, any of the sureties shall become irresponsible, the person holding the license shall, upon written notice from the Board, furnish a new bond, subject to the pro visions of this Section. Failure to furnish a new bond within thirty (30) days after such notice, in the discretion of the Board, shall operate as a revocation of such license and such license shall, thereupon, be re turned to the Board, which shall revoke same. No proprietorship, part nership or corporation having branch offices shall be required to file bonds totaling more than twenty thousand dollars ($20,000.00).
(c) No licensed employment agency shall charge a registration fee.
(d) All private employment agencies in making annual applica tion for, or renewal of an application for a license, shall file, in writing, with the Joint-Secretary, the fee charges to employee or employer, or both, as the case may be. Such fees may be changed by filing an amended schedule, showing such charges, at least thirty (30) days before the changes are to become effective. It shall be unlawful for any employment agency to charge, demand, collect or receive a greater fee for any serv ice performed than is specified in the latest schedule filed with the JointSecretary.

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The charge to any employee for accepting employment and not re porting for duty or to any employer for employing an employee and not permitting the employee to report for duty shall not exceed fifty (50) percent of the fee chargeable pursuant to the schedule of fees filed pursuant hereto.

1'

If an employee accepts employment and reports for duty, and there

after such employment is terminated without fault of the employee

within thirty (30) days of the commencement thereof, the gross fee

charged to such employee shall not exceed fifty (50) percent of the

fee chargeable pursuant to the schedule of fees filed pursuant hereto.

(e) Every applicant for a license under this Act shall pay an an nual license fee of one hundred twenty-five dollars ($125.00) upon
issuance or renewal of said license, beginning on July 1, 1971, and an nually thereafter.

Section 14. Expiration and renewal of licenses. All licenses expire annually at such times as may be designated by the Board. All appli cations for renewal of a license shall be filed with the Joint-Secretary prior to the expiration date, accompanied by the annual renewal fee.

Section 15. Expiration of licenses; new license. The holder of an expired license may apply for and obtain a valid license only upon com pliance with all relevant requirements for issuance of a new license.

Section 16. Expiration of suspended licenses. A suspended license is subject to expiration and must be renewed as provided in this Act during the term of suspension.

Section 17. Pees. The Board is empowered to establish and charge reasonable fees for the administration of examinations, 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 by this Act.
Section 18. Display of license. Every person holding a license issued by the Board shall display it in a conspicuous place in his place of busi ness or employment.
Section 19. Disciplinary sanctions; grounds; restoration. The Board, acting upon its own knowledge or written and verified com plaint filed by any person, shall have the power to reprimand, or power to suspend, revoke or cancel the license of, or refuse to grant or renew a license to, any licensee upon proof of any one of the following grounds:
(a) The commission of any false, fraudulent or deceitful act or the use of any forged, false or fraudulent document in connection with the license requirements of this Act or the rules and regulations of the Board; or
(b) Failure at any time to comply with the requirements for a license under the provisions of this Act; or

FRIDAY, MARCH 12, 1971

3139

(c) Knowingly performing any act which in any way assists an unlicensed person to engage in the private employment agency business other than direct employees of the licensee; or
(d) Violating directly or indirectly, or assisting in or abetting the violation of, any provision of this Act, or any rule or regulation of the Board.
Section 20. Injunctive power. The operation of private employ ment agencies are declared to be activities affecting the public interest. Such activities when engaged in by a person who is not licensed are declared to be a public nuisance, harmful to the general public. 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 provided herein to allege or prove that there is no adequate remedy at law;
Section 21. Violations; penalty. It shall be unlawful for any) per son to violate any provision of this Act regulating private employ ment agencies, and any person convicted of such violation shall be punished as for a misdemeanor.
Section 22. Nothing in this Act shall apply to the careers counsel ing or executive guidance business which involves only the rendering of consultation, testing, advice and guidance services relating to the voca tions or careers of individuals and which does not involve the business of procuring or obtaining specific employment for such individuals.
Section 23. Effective date. The provisions of this Act shall not be come effective until the General Assembly appropriates the necessary funds to administer and enforce the provisions of this Act.
Section 24. Specific repealer. An act regulating and providing for the supervision of the business of private employment agencies, ap proved March 17, 1959 (Ga. Laws 1959, p. 283), as amended, by an Act approved March 21, 1970 (Ga. Laws 1970, p. 600),, is hereby repealed in its entirety.
Section 25. Repealer. 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 SB 164 as follows:

;

By striking Section 23 and renumbering the remaining Sections. The following amendment was read:

Mr. Ham of the 33rd moves to amend the Committee substitute to SB 164 by adding at the end of line 12, page 3 the following:

"said fee not to exceed one week's pay for the subject employee".

3140

JOURNAL OF THE HOUSE,

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

Those voing in the affirmative were Messrs.

Alexander, W. H. Barfield Bennett, J. T. Bennett, Tom Blackshear Bray Chappell Cheeks Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Cook Daugherty

Dixon Edwards Evans Hadaway Ham Hamilton Hawes Howell Hudson, C. M. Jones, Herb Keyton Knight Knowles Lowrey Mauldin Melton

Milford Mullinax Northcutt Phillips, W. R. Poole Potts Scarborough Smith, H. R. Smith, V. T. Stephens Sweat Turner Ware Wheeler, Bobby Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bell Berry Black Bohannon Brantley, H. H. Brown, S. P. Buck Burruss Busbee Carr Chance Clements Conger Connell Davis, E. T. Davis, W. Dean, Gib Dorminy Drury Egan Ezzard Farrar Felton Floyd, L. R.

Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Gunter Harrington Harris Harrison Hays Hood Horton Housley Hudson, Ted Hutchinson Jessup Jones, J. R. King Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas

Lewis Longino Marcus
Mason Matthews, D. R. Maxwell
McCracken McDonald
Merritt Miller Moore Morgan Moyer Mulherin Murphy
Noble Nunn Odom Patterson
Patten Pearce
Peters Pinkston Reaves Roach
Ross Rush
Russell, A. B. Russell, H. P. Russell, W. B.

Salem Savage
Shanahan Shepherd Sherman
Sims

FRIDAY, MAKCH 12, 1971

3141

Smith, J. R. Snow
Sorrells Thomason Thompson
Toles

Tripp Vaughn
Wamble Westlake Whitmire
Wood

Those not voting were Messrs.:

Battle Bond Bostick Bowen Brantley, H. L.
Brown, B. D. Brown, C. Carter Chandler
Collins, M. Dailey
Dean, J. E. Dean, N.
Dent

Floyd, J. H. Granade Hill, B. L. Hill, G. Howard
Isenberg Johnson Jordan Kreeger
Larsen, W. W. Logan
Matthews, C. McDaniell

Miles Nessmith Oxford Phillips, G. S. Phillips, L. L.
Pickard Rainey Strickland Townsend
Triplett Williams
Wilson Mr. Speaker

On the adoption of the amendment, the ayes were 47, nays 108.

The amendment was lost.
The Committee substitute, as amended, was adopted.
Mr. Leggett of the 67th moved that SB 164, by substitute, as amended, be placed on the table.
On the motion, the roll call was ordered and the vote was as follows:

Those voing in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Barfield Battle Bennett, J. T. Bennett, Tom Berry Black Blackshear

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Carter Chance Chappell Cheeks Clements

Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dixon

3142
Drury Edwards Evans Ezzard Floyd, L. R. Fraser Gignilliat Grantham Greer Griffin Hadaway Ham Hamilton Harris Harrisbn Hawes Hays Hill, B. L. Horton Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. E. Jordan Keyton

JOURNAL OF THE HOUSE,

King Knight Knowles Lane, W. J. Larsen, G. K. Leggett Lewis Lowrey Mauldin McCracken McDonald Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L.

Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, H. P. Salem Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sweat Thompson Toles Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wood

Those voting in the negative were Messrs.:

Atherton Bell Bohannon Brown, C. Buck
Burruss Busbee Chandler Connell Cook Davis, W. Egan

Farrar Gaynor Geisinger Harrington Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Marcus

Mason Maxwell Melton Odom Russell, A. B. Russell, W. B. Savage Sherman Stephens Wamble Westlake

Those not voting were Messrs.:

Carr Collins, M. Dailey Dent Dorminy Felton Floyd, J. H.

Gary Grahl Granade Gunter Hill, G. Hood Housley

Howard Kreeger Logan Matthews, C. Matthews, D. R. McDaniell Miles

Murphy Pickard Rainey Sorrells

FRIDAY, MARCH 12, 1971

3143

Strickland Thomason Townsend Triplett

Williams Wilson Mr. Speaker

On the motion, the ayes were 128, nays 35.

The motion prevailed and SB 164, by substitute, as amended, was placed on the table.

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

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 the mayor; and for other purposes.
The President has appointed on the part of the Senate the following Senators: Chapman of the 32nd, Holloway of the 12th and Henderson of the 33rd.

The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference No. 2 thereon:

HB 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; and for other purposes.

The following report of the Committee of Conference No. 2 was read:
Mr. President and Mr. Speaker:
Your second Conference Committee on House Bill No. 983 has met and recommends the following:

3144

JOURNAL OF THE HOUSE,

That the Senate recede from its amendments to House Bill No. 983
Respectfully submitted,
FOR THE SENATE:
Is/ Jack Stephens Senator, 36th District
/s/ Jack Henderson Senator, 33rd District
/s/ Cyrus Chapman Senator, 32nd District

FOR THE HOUSE:
/s/ George H. Kreeger Representative, 117th District
/s/ Hugh Lee McDaniell Representative, 117th District
/s/ A. L. Burruss Representative, 117th District

Mr. Kreeger of the 117th moved that the report of the Committee of Con ference No. 2 be adopted.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the report of the Committee of Conference No. 2 on HB 983 was adopted.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

SB 92. By Senators Stephens of the 37th, 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 cer tain prisoners who have been convicted of crimes; and for other pur poses.

The following amendment was read and adopted: Mr. Levitas of the 77th moves to amend SB 92 as follows: By adding to the title immediately before the clause "to repeal

FRIDAY, MARCH 12, 1971

3145

conflicting laws;" the clause "to as to authorize trial judges to provide for the immediate temporary transfer to the Board of Corrections of persons convicted of crimes during the pendency of their appeals when he determines the same is justified;";

By renumbering Sections 4 and 5 as Sections 5 and 6, and by insert ing a new Section 4 to read as follows:

"Section 4. The Above sections notwithstanding, when the trial judge determines that the best interest of the county and the prisoner justifies his immediate transfer to the Board of Corrections, he may order the same without the approval of such convicted person.";

and by striking in renumbered Section 5 the words "as directed" and by adding the following sentences at the end of renumbered Section 5:

"The said regulations may also provide for procedures and regulations governing the handling of such prisoners, including re quiring such work as may lawfully be permissible. No transfers of prisoners under this Act will be permitted until the Board of Corrections has adopted rules and regulations pursuant to this Act."

Mr. Murphy of the 19th moved that the House reconsider its action in adopt ing the Levitas amendment to SB 92.
The motion prevailed and the House reconsidered its action in adopting the Levitas amendment to SB 92.

The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend SB 92 as follows:
By striking in renumbered Section 5 the words "and directed" and by adding the following sentences at the end of renumbered Section 5:
"The regulations may also provide for procedures and regula tions governing the handling of such prisoners, including requiring such work as may lawfully be permissible. No transfers of prisoners under this Act will be permitted until the Board of Corrections has adopted rules and regulations pursuant to 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:

3146

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Battle Bell Berry Black Bond Bostick Bowen Brantley, H. H. 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. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, J. E.
Dean, N.
Dent
Dixon
Dorminy
Edwards
Egan
Evans
Ezzard
Parrar
Felton
Floyd, L. R.
Fraser
Gary
Gaynor

Geisinger Gignilliat Grahl Granade Grantham Greer Ham Harris Harrison Hawes Hays Horton Housley Howard Howell Hutchinson 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) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McCracken
McDaniell
Melton
Merritt
Miles
Milford
Morgan
Moyer
Mulherin

Mullinax Murphy Nes smith Noble Nunn Odom Oxford Patterson 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 Shanahan 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

FRIDAY, MARCH 12, 1971

3147

Those voting in the negative were Messrs.:

Alexander, W. H. Bennett, Tom Bohannon Conger Daugherty

Griffin Hamilton Harrington Hill, B. L. Hudson, C. M.

Hudson, Ted Lane, Dick Moore Ross Scarborough

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Brantley, H. L. Brown, B. D. Buck Collins, M. Dailey

Drury Floyd, J. H. Gunter Hadaway Hill, G. Hood Isenberg Matthews, D. R.

McDonald Miller Northcutt Pickard Savage Shepherd Thomason Mr. Speaker

On the passage of the Bill, as amended, the ayes were 156, nays 15.

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

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 provide for the membership, appointments, powers and duties of such commission; and for other purposes.

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

SR 199. By Senator Holloway of the 12th: A Resolution relative to adjournment; and for other purposes.

3148

JOURNAL OF THE HOUSE,

The Senate has disagreed to the House amendment to the following Bill of the Seriate, to-wit:

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.

The Senate insists on its substitute to the following Resolution of the House, to-wit:

HR 172-521. By Messrs. Davis, Floyd and Westlake of the 75th and others:
A Resolution creating the DeKalb County Education Study Commis sion; and for other purposes.

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

HB 273. By Messrs. Greer of the 95th and others:
A Bill to provide for the certification of factory-built housing and for the establishment of uniform health and safety standards and inspec tion procedures for factory-built housing; and for other purposes.

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

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 factory built housing and for the establishment of uniform health and safety standards and inspection procedures for factory-built housing; and for other purposes.

The following Senate amendments were read:
Senator Holloway of the 12th moves to amend HB 273 by striking from Section 3 (a) (3) the following sentence:
"The Board has the final decision as to whether local require ments are reasonably consistent with these standards."

FRIDAY, MARCH 12, 1971

3149

The Senate Committee on Industry and Labor moves to amend HB 273 as follows:

By inserting in the title immediately preceding the phrase "to repeal conflicting laws",

the following:

"to provide for exceptions;";

By striking subsection (c) of Section 4 in its entirety and inserting in lieu thereof a new subsection (c) of Section 4, to read as follows:

"(c) The Board shall consult with and obtain the advice of an advisory committee on factory-built housing in the drafting and promulgation of rules and regulations to be adopted for the pur poses of this Act. The committee shall consist of eleven members appointed by the Governor, to serve at his pleasure, six of whom shall be appointed from the following professional and technical disciplines: one member from architecture, one from structural engineering, one from building code enforcement, one from me chanical engineering or contracting, one from electrical engineering or contracting, and one from the factory-built housing industry. The remaining five members shall be appointed from the legislative bodies of local governments.";

By renumbering Section 10 as Section 11;

And by adding a new Section 10, to read as follows:

"Section 10. The provisions of this Act shall not apply to fac tory manufactured movable homes as defined in an Act known as 'The Uniform Standards Code for Factory Manufactured Movable Homes Act', approved March 26, 1968 (Ga. Laws 1968, p. 415), as now or hereafter amended, which provides for the establishment of standards of construtcion for factory manufactured movable homes."

Mr. McDaniell of the 117th moved that the House agree to the Senate amendments.

On the motion, the ayes were 166, nays 1.

The motion prevailed and the Senate amendments to HB 273 were agreed to.

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

3150

JOURNAL OF THE HOUSE,

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.

The following Senate amendment was read:
Senator Tysinger of the 41st moves to amend HB 274 by inserting the following on line 17, page 3 after the word "be":
"confirmed by the Senate and shall be";
so that this sentence shall then read:
"All appointments shall be confirmed by the Senate and shall be for a term of four years."

Mr. McDaniell of the 117th moved that the House agree to the Senate amendment.

On the motion, the ayes were 166, nays 1.

The motion prevailed and the Senate amendment to HB 274 was agreed to.

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

HB 758. By Messrs. Davis, Westlake and Floyd of the 75th, Bell and Noble of the 73rd and others:
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 provide for the membership, appointments, powers and duties of such commission; and for other purposes.

The President has appointed on the part of the Senate the following Sen ators : Tysinger of the 41st, Walling of the 32nd and Cleland of the 55th.

The following Bill and Resolution of the House was taken up for the pur pose of considering the Senate's insistence on its position in substituting the

FRIDAY, MARCH 12, 1971

3151

HR 172-521. By Messrs. Davis, Floyd and Westlake of the 75th and others:
A Resolution creating the DeKalb County Education Study Commis sion; and for other purposes.

Mr. Davis of the 75th 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. Davis and Westlake of the 75th and Bell of the 73rd.
HB 758. By Messrs. Davis, Floyd and Westlake of the 75th and others: 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; and for other purposes.

Mr. Davis of the 75th 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. Davis and Westlake of the 75th and Bell of the 73rd.

The following Bill of the Senate was taken up for the purpose of consider ing the Senate's disagreement to the House amendment thereto:

SB 39. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act, so as to change the cor porate limits of the City of Jesup; and for other purposes.

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JOURNAL OP THE HOUSE,

Mr. Harrison of the 58th moved that the House insist on its amendment.

The motion prevailed and the House insisted on its position in amending SB 39.

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

HB 917. By Mr. Harrison of the 58th:
A Bill to be entitled an Act to provide for certain people to vote whether to remain within the city limits of the City of Jesup; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, ap proved December 15, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 1142), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2688), an Act approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2221), and an Act approved March 4, 1966 (Ga. Laws 1966, p. 3099), so as to change the corporate limits of the City of Jesup; to provide for a referendum; to provide for all matters relative to the foregoing; to provide for the construction of this Act; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 1142), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2688), an Act approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2221), and an Act approved March 4, 1966 (Ga. Laws 1966, p. 3099), is hereby amended by striking Section 2 in its entirety and inserting in lieu there of a new Section 2, to read as follows:
"Section 2. (a) The Corporate limits of the City of Jesup shall embrace and include all of the following described territory, to-wit:
Beginning at a point located north 46 degrees 30 minutes west a distance of 5280.0 feet from the point of intersection of

FRIDAY, MARCH 12, 1971

3153

the center of Cherry Street and the center of the west main line track (Savannah to Waycross) of the Seaboard Coast Line Rail road (formerly Atlantic Coast Line Railroad) in said city; thence north 43 degrees 30 minutes east a distance of 5280.0 feet; thence south 46 degrees 30 minutes east a distance of 8069.1 feet; thence north 68 degrees 11 minutes east a distance of 344.2 feet; thence south 68 degrees 11 minutes east a distance of 749.0 feet; thence south 46 degrees 30 minutes east a distance of 1673.3 feet; thence south 43 degrees 30 minutes west a distance of 6529.0 feet; thence south 13 degrees 30 minutes west a distance of 556.0 feet; thence north 77 degrees 25 minutes west a distance of 280.0 feet; thence south 13 degrees 20 minutes west a dis tance of 404.0 feet; thence north 77 degrees 25 minutes west a distance of 310.0 feet; thence south 43 degrees 30 minutes west a distance of 1394.0 feet; thence south 76 degrees 22 minutes east a distance of 354.4 feet; thence south 13 degrees 55 minutes west a distance of 209.8 feet; thence south 76 degrees 23 minutes east a distance of 186.7 feet; thence south 13 degrees 14 minutes west a distance of 1284.4 feet; thence north 74 degrees 59 minutes west a distance of 838.0 feet; thence south 14 degrees 24 minutes west a distance of 1733.5 feet; thence north 76 degrees 20 minutes west a distance of 749.4 feet; thence north 15 degrees 46 minutes east a distance of 466.6 feet; thence north 76 de grees 00 minutes west a distance of 1248.0 feet; thence north 14 degrees 15 minutes east a distance of 614.0 feet; thence south 76 degrees 00 minutes east a distance of 1392.5 feet; thence north 25 degrees 00 minutes east a distance of 661.8 meet; thence north 46 degrees 30 minutes west a distance of 10573.0 feet; thence north 43 degrees 30 minutes east a distance of 176.15 feet; thence north 12 degrees 41 minutes east a distance of 928.8 feet; thence north 85 degrees 42 minutes east a distance of 676.1 feet; thence north 43 degrees 30 minutes east a distance of 237.0 feet; thence north 2 degrees 19 minutes west a distance of 587.0 feet; thence east a distance of 400.0 feet; thence north 43 degrees 30 minutes east a distance of 1916.4 feet; thence north 46 degrees 30 minutes west a distance of 1016.0 feet; thence north 11 degrees 53 minutes east a distance of 267.2 feet; thence north 77 degrees 22 minutes west a distance of 429.0 feet; thence north 43 degrees 29 minutes east a. distance of 456.0 feet; thence south 70 degrees 06 minutes east a distance of 927.7 feet; thence south 15 de grees 39 minutes west a distance of 313.5 feet; thence south 55 degrees 00 minutes west a distance of 99.0 feet; thence south 48 degrees 55 minutes east a distance of 552.4 feet; thence north 43 degrees 30 minutes east a distance of 496.0 feet to the point of beginning.
(b) In addition, the corporate limits of the City of Jesup shall also embrace and include all of the following described territory, to-wit:
Commencing at the point where the original southeastern boundary of the City of Jesup intersects with the southeastern edge of Younce Street; thence south 77 degrees, 25 minutes east 213.2 feet to the northwestern edge of the right-of-way of U.S. Highway 301; thence south 26 degrees, 46 minutes west 1,172.0 feet to a point located on the southeastern edge of Cedar Street; thence north

3154

JOURNAL OF THE HOUSE,

77 degrees, 25 minutes west 160 feet to a point; thence north 13 de grees, 30 minutes east 556 feet to a point; thence north 46 de grees, 25 minutes west 105 feet to a point; thence north 43 degrees, 30 minutes east 619 feet to the point of beginning."

Section 2. Not less than five (5) nor more than ten (10) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and city com missioners of the City of Jesup to issue the call for an election for the purpose of submitting this Act to the voters of the area proposed to be de-annexed from the City of Jesup by the provision of this Act for ap proval or rejection. Any person desiring to vote in the election provided herein shall execute an affidavit stating that he is a registered voter of the City of Jesup and a resident of the area proposed to be de-an nexed. The mayor and city commissioners shall prescribe the form of the affidavit, and they shall have sufficient affidavits printed and available for the voters to execute on the date of the election. The mayor and city commissioners shall set the date of such election for a day not less than thirty (30) nor more than sixty (60) days after the date of the issuance of the call. The mayor and city commissioners shall cause the date and purpose of the election to be published once a week for two weeks im mediately preceding the date thereof in the official organ of Wayne County. The ballot shall have written or printed thereon the words:

"For approval of the Act de-annexing certain territory from the corporate limits of the City of Jesup.

Against approval of the Act de-annexing certain territory from the corporate limits of the City of Jesup."

All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the- Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Jesup. It shall be the duty of the mayor and city commissioners to hold and conduct such election. They 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 mayor and city commissioners to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secre tary of State.

Section 3. It is the intention of the General Assembly to de-annex all of that territory which was annexed into the corporate limits of the city of Jesup under the provisions of an Act amending the charter of the City of Jesup, approved March 4, 1966 (Ga. Laws 1966, p. 3099), so that the corporate limits of said City shall become and are hereby de clared to be the same corporate limits which existed in and for said City prior to the passage of said Act in 1966, provided this Act is ap proved by the voters of the City of Jesup as provided herein.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.

FRIDAY, MARCH 12, 1971

3155

Mr. Harrison of the 58th moved that the House disagree to the Senate substitute.

The motion prevailed and the House disagreed to the Senate substitute to HB 917.

The following proclamation was received and read:
Proclamation
CITY OF ATLANTA
Office of the Mayor
WHEREAS, the current session of the Georgia General Assembly has been particularly progressive and far-sighted in its deliberations; and
WHEREAS, this body has worked untiringly in drafting, debating and deciding upon that legislation which will best benefit the people of the State of Georgia; and
WHEREAS, the citizens of Atlanta greatly appreciate the sincere concern and consideration given to them during this legislative session; and
WHEREAS, it is appropriate that the City's thanks be expressed to the Governor, the Lieutenant Governor, the Speaker of the House and the membership of the State Senate and the House of Representa tives :
NOW, THEREFORE, I, Sam Massell, Mayor of the City of Atlanta, do hereby proclaim March 13, 1971, as
GEORGIA LAWMAKERS DAY
in recognition of the important role the legislators have played in the future of Atlanta.
As a token of our appreciation, we do transmit herewith an in dividual "Key to the City" to the Governor, the Lieutenant Governor, the Speaker of the House and each and every member of the General Assembly, and by this communication, invite them all to come to City Hall for a Coke and congratulations.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Atlanta to be affixed.

(Seal).

/s/ Sam Massell Mayor

3156

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 758. By Messrs. Davis, Westlake and Floyd of the 75th and others:
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; and for other purposes.

The following report of the Committee of Conference was read:
The Conference Committee on HB 758 recommends that both the Senate and the House of Representatives recede from their positions and that HB 758 as it passed the House be adopted with the attached amend ment.
Respectfully submitted,
FOR THE SENATE:
/s/ James W. Tysinger
/s/ Robert H. Walling
FOR THE HOUSE: /s/ Walt Davis
/s/ Bob Bell
/s/ Jim Westlake
The Conference Committee on HB 758 moves to amend HB 758 as follows:
By striking Section 1 in its entirety and substituting in lieu there of a new Section 1 to read as follows:
"Section 1. (a) There is hereby created in and for each county of this State having a population of not less than 400,000 and not more than 600,000 according to the 1970 United States Decennial Census or any future such census, a public body and politic to be known as The Commission on Efficiency and Economy in Govern ment of such county, which shall consist of twenty-two (22) mem bers as hereinafter provided.
(b) One member shall be appointed by each Senator from the 41st, 42nd, 43rd and 55th Senatorial Districts.
(c) Six members shall be appointed by the members of the House of Representatives from the 72nd, 73rd, 74th, 75th, 76th and 77th Districts with three such members being appointed by the Republican members from said districts and the remaining three

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members to be appointed by the Democratic members from said Districts.

(d) One member by each member of the Board of Commission ers of DeKalb County.

(e) Three members shall be elected by the DeKalb County Municipal Association from its membership.

(f) One member shall be elected by the DeKalb Grand Jury Association.

(g) One member to be appointed by the President of the De Kalb County Chamber of Commerce."

Mr. Davis of the 75th moved that the report of the Committee of Conference be adopted.

On the motion, the ayes were 105, nays 0.

The report of the Committee of Conference on HB 758 was adopted.

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

HR 426. By Messrs. King of the 86th, Jones of the 4th, Larsen of the 113th, Davis of the 75th and others:
A RESOLUTION
Relative to a salary increase for the teachers of Georgia; and for other purposes.
WHEREAS, the teachers of the State of Georgia are among the most dedicated public servants; and
WHEREAS, the teachers of Georgia are required to have a college degree and are highly qualified professionals; and
WHEREAS, our teachers, besides teaching, also serve as super visors, chaperones, ticket sellers and in many other capacities during activities at school; and
WHEREAS, the State pays beginning teachers only $5,600.00, and all our teachers deserve a raise; and

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WHEREAS, most of our teachers receive from $5,600.00 to $7,000.00 and even though highly qualified in their field of education, they can never expect to make more than $12,000.00 per annum at the highest pay grade; and
WHEREAS, certain sanitation workers, policemen and other work ers in such fields are paid more than our teachers; and
WHEREAS, our Governor in addressing a joint session of the Senate and House proposed a salary increase of $500.00 for our teachers; and
WHEREAS, each member of this House is indebted to each teacher for what they have done for us and our children; and
WHEREAS, the members of this Body hereby express their sincere appreciation for the dedication, loyalty, patience and understanding of the teachers of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby re solve to look into ways and means of raising money to give our teachers a raise as proposed by our Governor.
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 Honorable Jimmy Carter, Governor of Georgia; to Honorable Jack P. Nix, State School Superintendent; to the President of the Georgia Association of Educators and to the presi dent of each county association of education.

HR 427. By Messrs. Cole of the 3rd, Lane of the 44th, Matthews of the 63rd, Atherton of the 117th and others:
A RESOLUTION
Creating the Joint Study Committee on government owned liquor stores; and for other purposes.
WHEREAS, the responsible control and sale of liquor is of vital concern to all Georgians; and,
WHEREAS, the State and local governments can better control such sale if liquor stores were owned and operated by the government; and,
WHEREAS, there is a need to study the methods by which govern mental units might own and operate all liquor stores in the State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Study

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3159

Committee on government owned liquor stores to be composed of three (3) members of the House who will be appointed by the Speaker of the House and three (3) members of the Senate who will be appointed by the President of the Senate.

BE IT FURTHER RESOLVED that the Committee shall be au thorized to study any and all legal and practical problems and methods of government owned liquor stores; to study which units of government would be best suited to own such stores; to determine the best methods of phasing out privately owned liquor stores; and to study and analyze any other matters connected with the subject of government owned liquor stores.

BE IT FURTHER RESOLVED that each member of said Com mittee shall receive such expenses and allowances as provided by law for members of interim committees for each meeting of the Committee or subcommittees thereof attended by each such member and that the members of the Committee or of subcommittees thereof shall be au thorized to meet for such number of days, not to exceed ten (10) days, as may be necessary for the Committee to fully and effectively carry out its duties and responsibilities. All funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall be autho rized to function until the day the General Assembly convenes in regular session in January 1972, on which date the Committee shall stand abolished. The Committee may be abolished prior to that date upon a motion to that effect being made and duly adopted by a majority vote of said Committee. When its studies and recommendations are completed, the Committee shall issue its final report to the General Assembly.

HR 428. By Mr. Thomason of the 77th:
A RESOLUTION
Creating the Educational Television Study Committee; and for other purposes.
WHEREAS, the Georgia State Department of Education maintains and operates one of the best educational television networks in the United States, known as the Georgia Educational Television Network; and
WHEREAS, the Georgia Educational Television Network provides valuable instructional programs to the children of Georgia enrolled in both public and private schools; and
WHEREAS, the Network obtained a grant from the Corporation for Public Broadcasting which enabled it to televise the proceedings of the 1971 Georgia General Assembly throughout the State; and

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WHEREAS, in addition to the Georgia Educational Television Net work, there exist other educational television facilities under other departments of this State which sometimes results in duplication of programming; and

WHEREAS, many members of the General Assembly have in quired into the practicality and advantages, if any, of a unitary educa tional television network; and

WHEREAS, a decision should be made as to which existing or new department of the State Government should operate the educational television; and

WHEREAS, such a study would be compatible to the Governor of "Georgia's Reorganization of State Government"; and

WHEREAS, the potential of Georgia's educational television fa cilities has not been reached; and

WHEREAS, there is a possibility that public television agencies, such as the Corporation for Public Broadcasting, might establish a re gional facility in Georgia because of the phenomenal success of educa tional television.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Educational Television Study 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 related to educational television in Georgia and shall work closely with the State Director of Planning and Community Affairs. 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 legislative members of the Committee shall receive the allowances authorized for 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 find ings and recommendations to the 1972 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

HR 429. By Mr. Battle of the 90th:
A RESOLUTION
Creating the Water Resources Study Committee; and for other pur poses.
WHEREAS, the water resources of the State of Georgia are un questionably among the State's most valuable assets; and

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3161

WHEREAS, although Georgia has laws and machinery to control water pollution, there is no control or regulation of the withdrawal and use of ground and surface water supplies; and

WHEREAS, the continued indiscriminate withdrawal and use of ground and surface water supplies may ultimately lead to a dangerous depletion of this most valuable asset; and

WHEREAS, it is essential that studies be made at the earliest possible time to determine methods to control and regulate the with drawal and use of ground and surface water supplies to the end that this most valuable asset shall be withdrawn in a reasonable relationship to nature's capacity to replace the ground and surface water supply.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Water Resources Study Committee to be composed of 10 members of the House of Repre sentatives to be appointed by the Speaker thereof. Said Committee shall be authorized to study the laws of other States relative to the regula tion and control of the withdrawal of ground and surface water sup plies and make such other studies as may be relevant to the protection and conservation of Georgia's water resources.

BE IT FURTHER RESOLVED that each member of the Committee shall receive the allowances authorized by law for members of legis lative interim committees but shall not receive same for more than 10 days unless additional days are authorized by the Speaker of the House of Representatives. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise avail able 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 430. By Messrs. Rainey of the 47th, Dorminy of the 48th, Peters of the 2nd, Housley of the 117th and others:
A RESOLUTION
Creating the Chattahoochee River Study Committee; and for other purposes.
WHEREAS the area along the Chattahoochee River from Buford Dam to Peachtree Creek is recognized as a natural recreational and en vironmental resource of major importance to Georgia; and
WHEREAS, the unrestricted development of said area would de stroy its natural beauty and recreational value and would result in a great loss to the present and future generations of Georgians; and

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WHEREAS, commercial and residential developments are already beginning to encroach upon said area, and the pressures of industrial expansion and population growth within said area will accelerate this trend in the immediate future; and

WHEREAS, a legislative committee should be created to study pro posals to establish a procedure for protecting said River, its shorelands and flood plain within said area.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Chattahoochee River Study Committee to be composed of seven members of the House of Representatives to be appointed by the Speaker thereof. Said Com mittee shall be authorized to study all proposals and other matters relevant to establishing a procedure to conserve and protect that area of the Chattahoochee River from Buford Dam to Peachtree Creek and the shorelands and flood plain in connection therewith.

BE IT FURTHER RESOLVED that each member of the Committee 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 Resolution shall come from funds appropriated to 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 431. By Mr. Thomason of the 77th:
A RESOLUTION
Creating the Toll Roads Transportation Study Committee; and for other purposes.
WHEREAS, Article VII, Section III of the Constitution of Georgia does not permit the State to contract any debt except to supply such temporary deficit as may exist in the treasury in any year for necessary delay in collecting taxes of that year, to repeal invasion, suppress in surrection and defend the State in time of war, or to pay the existing public debt; and
WHEREAS, a Resolution was introduced in the 1971 Session of the General Assembly that proposes to amend the Constitution of Georgia to provide that the State may incur guaranteed revenue debt by guaranteeing the payment of revenue obligations issued by an in strumentality of the State or any political subdivision or subdivisions if the instrumentality is a public corporation or authority and such revenue obligations are issued for toll bridges, toll roads, or any other land public transportation facilities or systems; and

FRIDAY, MARCH 12, 1971

3163

WHEREAS, numerous other states have found the use of toll bridges, toll roads, and other land public transportation facilities or sys tems for financing such projects to place heavy burdens upon the people in areas where the said facilities and projects were poorly planned and coordinated and

WHEREAS, the people of the State of Georgia are already burdened by much taxation, both State and Federal, for land transportation fa cilities and systems; and

WHEREAS, this is an area which needs considerable research and study before this type of transportation financing should be authorized by the people of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Toll Roads Transportation Study Committee, to be composed of five members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, The Committee shall conduct a thorough study of the laws of other states relative to transportation financing in the State of Georgia. The Committee shall be authorized to make such inquiries, hold such hearings, and make such 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, per form 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 purpose of this Resolution shall come from funds appropriated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1971 Session of the General Assembly of Georgia at which time the Committee shall stand abolished.

HR 432. By Messrs. Brantley of the 114th, Marcus of the 105th, Hawes of the 95th, Lane of the 101st and others:
A RESOLUTION
Creating the Georgia Narcotics Study Committee; and for other pur poses.
WHEREAS, the incidence of drug abuse in Georgia has increased drastically in the last calendar year; and
WHEREAS, the drug abuse facility at Central State Hospital has not fulfilled the needs of Georgia's drug addicts, as the facility is merely a bedroom; and
WHEREAS, Georgia has no aftercare facility for drug addicts, something which is vital in the rehabilitation process; and

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WHEREAS, it is absolutely necessary that the Georgia General Assembly be made aware of these problems and provided with proposed solutions.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Georgia Nar cotics Study Committee, to be composed of seven members of the House 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 al lowances authorized to legislative members of intrim 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 433. By Messrs. Colwell of the 5th, Whitmire of the llth, Harris of the 10th, Lane of the 44th and others:
A RESOLUTION
Creating the Architectural and Engineering Services Study Com mittee; and for other purposes.
WHEREAS, it has been brought to the attention of several mem bers of the House of Representatives that certain public buildings which have been constructed in accordance with architectural plans and engineering specifications have proved to be defective; and
WHEREAS, it is unfair to the taxpayers to pay for the construc tion of a public building in accordance with architectural plans and engineering specifications when such building turns out to be defective; and
WHEREAS, a legislative study of architectural and engineering serivces should be made to the end that methods may be found to prohibit the foregoing injustices.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Architectural and Engineering Services Study Committee to be composed of 5 mem-

FRIDAY, MARCH 12, 1971

3165

bers of the House of Representatives to be appointed by the Speaker thereof. Said Committee shall be authorized to study all matters relevant to architectural and engineering services to the end that when public buildings are constructed in accordance with architectural plans and engineering specifications and are later found to be defective, the gov ernmental agency paying for such construction shall have a method of requiring such defects to be corrected without additional cost to such governmental agency.

BE IT FURTHER RESOLVED that each member of the Committee shall receive the allowances authorized by law for members of legisla tive interim committees but shall not receive same for more than 15 days. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations 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 434. By Mr. Thomason of the 77th:
A RESOLUTION
Creating a study committee to consider legislation prohibiting closed, secret and executive sessions of any governmental body in the State; and for other purposes.
WHEREAS, secret meetings of governmental authorities are con trary to the ideals of democracy which this country was founded on; and
WHEREAS, other states have enacted legislation to prohibit secret meetings of governmental bodies; and
WHEREAS, a thorough study needs to be made of public meetings, records, public inspection, penalties and other related matters.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a study committee to consider legislation prohibiting closed, secret and executive sessions of any governmental body in the State, including, but not limited to the Legislature, Board of Regents, County Commissions, local school boards and the State Highway Department. The committee shall be composed of five members of the House of Representatives to be ap pointed by the Speaker thereof. The Committee shall examinee laws in effect in other states, particularly Florida's "Sunshine Law". The com mittee 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 legislative members of the com mittee shall receive the allowances authorized for legislative members

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of interim legislative committees. The funds necssary 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 com mittee shall stand abolished.

HR 435. By Mr. Phillips of the 38th:
A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives are hereby amended by striking Rule 22 in its entirety and substitutingin lieu thereof a new Rule to read as follows:
"Rule 22. Each member of the House shall be entitled to a maximum of 20 Pages during each regular and extraordinary ses sion of the General Assembly. Each member of the House shall submit the names of Pages at least 3 days before the Pages shall serve. A Page shall not be compensated by the House of Representa tives and may serve for as many days of a session as the member selecting the Page shall designate. No one shall be eligible to serve as a Page who is not at least twelve years of age, except for mem bers of the family of members of the House."

HR 436. By Messrs. Gary of the 21st and Chappell of the 42nd and Mrs. Merritt of the 46th:
A RESOLUTION
Creating an interim study committee for the purpose of promoting tourism in the state of Georgia; and for other purposes.
WHEREAS, the State of Georgia is endeavoring by every prac tical means to promote tourism and locate industry in the State of Georgia; and
WHEREAS, a similar committee last year found that tourist and travel related industries were responsible for bringing into the State Treasury almost forty (40) million dollars in revenue which is a return of approximately one hundred dollars for every dollar expended by the State; and
WHEREAS, efforts should be expended to attract even more tourists to Georgia because in no other area does the State get such a high return on its investment; and

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3167

WHEREAS, Georgia has more undeveloped sites of interest which are easily accessible to tourists passing through the State than any of her sister states; and

WHEREAS, many national organizations, associations and other groups annually hold meetings and conventions which are nationwide in scope in States other than Georgia at which the delegates and visitors to these meetings spend many millions of dollars annually in the states and cities where such conventions are held; and

WHEREAS, the intersection of major interstate highways, rail road and airline routes in the State make Georgia an ideal location to hold such meetings.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be composed of seven (7) members of the House to be appointed by the Speaker for the purpose of studying the part the State can take in promoting and developing the tourist industry and encouraging the holding of national meetings and conventions in the State of Georgia.

BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and travel allowances authorized for legisla tive members of interim legislative committees for not more than ten (10) days. The members of the committee shall receive such expenses and allowances from the funds appropriated or available to the legisla tive branch of government. The committee shall be authorized to employ, upon consent of the Speaker, such assistance and reports or surveys as they deem necessary to carry out the purposes of this Resolution. Any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or available to the legislative branch of government. Said committee or members thereof shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said com mittee, to the 1972 session of the General Assembly of Georgia, and upon the convening of the 1972 session of the General Assembly of Georgia, said committee shall stand abolished.

HE 437. By Mr. Thomason of the 77th:
A RESOLUTION
Creating the Voter Participation Study Committee; and for other purposes.
WHEREAS, the electoral process is the sacred cornerstone of the democratic system of government; and
WHEREAS, democracy is best preserved by the actions of the people; and

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WHEREAS, voter participation in elections held in the State of Georgia has in recent years been lower than might be desired; and

WHEREAS, this situation calls for study and investigation to determine what factors have caused said situation, and what steps may be taken to increase voter participation in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a Voter Participation Study Committee to investigate the cause of low voter participation in Georgia and to find methods whereby said voter participation may be increased.

BE IT FURTHER RESOLVED that said Voter Participation Study Committee be composed of five members appointed by the Speaker of the House of Representatives.

BE IT FURTHER RESOLVED that each member of said Com mittee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees, for each meeting of the Committee or subcommittees thereof, attended by each such member, but shall receive the same for not more than 15 days, unless additional days are authorized by the Speaker of the House. All funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall issue a report of its findings and recommendations to the 1972 regular session of the General Assembly of Georgia and to the Governor of Georgia. Said Committee shall stand abolished as of the day on which the General Assembly convenes in regular session in 1972.

HR 492. By Messrs. Gary of the 21st and Hawes of the 95th:

A RESOLUTION

Creating the Georgia International Congress Center Study Com mittee; and for other purposes.

WHEREAS, the 1971 General Assembly has appropriated funds to the Department of Industry and Trade for the specific purpose of preliminary planning and engineering studies relative to the construc tion of the Georgia International Congress Center to be located in Atlanta; and

WHEREAS, there is a need for legislative liaison between the developers and planners of such Center.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Georgia Inter national Congress Center Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker

FRIDAY, MARCH 12, 1971

3169

thereof. The Committee shall coordinate its activity with any similar committee created by the Senate. The Committee shall make a report of its findings and recommendations at the 1972 session of the General Assembly, at which time it shall stand abolished.

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

HR 438. By Messrs. Wood of the llth, Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Hayes of the 1st, Lane of the 101st and Dean of the 19th:
A RESOLUTION
Commending Irvindale Dairies; and for other purposes.
WHEREAS, Irvindale Dairies has initiated a campaign appealing to people to write Hanoi demanding the release of American Prisoners of War; and
WHEREAS, through their efforts and the efforts of other private corporations and civic associations, these appeals are beginning to be effective; and
WHEREAS, for the first time in several years the Government of the United States has taken an official position insisting that the Government of North Viet Nam live up to it commitments as a signa tory of the Geneva Convention; and
WHEREAS, Irvindale Dairies is to be congratulated for launching a promotional advertising campaign to encourage the citizenry of this country to demand better treatment and the release of American POW's by the Government of North Viet Nam; and
WHEREAS, it is the desire of the members of this body to recognize Irvindale Dairies for their public spiritedness on behalf of America!* Prisoners of War, their wives, children and parents and the entire nation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest commendations to Irvindale Dairies for becoming involved in the Prisoner of War issue and for the excellent publicity they have contributed to promote the release of American Prisoners 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 President of Irvindale Dairies.

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HR 439. By Messrs. Miller of the 83rd, Scarborough, Pinkston, Bennett and Evans of the 81st and others:

A RESOLUTION

Expressing appreciation to the Macon Telegraph and News; and for other purposes.

WHEREAS, the Macon Telegraph and News has most graciously provided to the members of the General Assembly, without charge, copies of their most informative and excellent newspaper; and

WHEREAS, this service is most appreciated by the members of the General Assembly; and
WHEREAS, this invaluable service enables the members of the General Assembly to keep abreast of the thoughts and opinions of their constituents; and

WHEREAS, it is only fitting and proper that the Macon Tele graph and News be recognized and commended for their outstanding public service.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its sincere appreciation to the Macon Telegraph and News for providing the mem bers of the General Assembly complimentary copies of their excellent newspaper.

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 Macon Telegraph and News.

HR 440. By Mr. Lewis of the 37th:
A RESOLUTION
Commending the Waynesboro High School Boys Basketball Team; and for other purposes.
WHEREAS, the Waynesboro High School Boys Basketball Team has completed a most successful regular season of play; and
WHEREAS, said team has won the Region 2AA Championship; and
WHEREAS, each individual member of the team has displayed a remarkable degree of athletic achievement and sportsmanlike conduct in their play; and
WHEREAS, it is only befitting and proper that this body recognize the successful and outstanding achievements of these distinguished young citizens of the State of Georgia.

FRIDAY, MARCH 12, 1971

3171

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the Waynesboro High School Boys Basket ball Team is hereby commended and congratulated upon a most success ful season and in particular for their having won the Region 2AA Championship.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy to the Coach and to each member of the Waynesboro High School Boys Basketball Team.

HR 441. By Mr. Lewis of the 37th:
A RESOLUTION
Commending the Waynesboro High School Girls Basketball Team; and for other purposes.
WHEREAS, the Waynesboro High School Girls Basketball Team has completed a most successful regular season of play; and
WHEREAS, said team has won the Region 2AA Championship; and
WHEREAS, each individual member of the team has displayed a remarkable degree of athletic achievement and sportsmanlike conduct in their play; and
WHEREAS, it is only befitting and proper that this body recognize the successful and outstanding achievements of these distinguished young citizens of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Waynesboro High School Girls Basket ball Team is hereby commended and congratulated upon a most success ful season and in particular for their having won the Region 2AA Championship.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy to the Coach and to each member of the Waynesboro High School Girls Basketball Team.

HR 442. By Messrs. Miles, Cheeks, and Mulherin of the 78th, Connell of the 79th and Smith and Sherman of the 80th:
A RESOLUTION
Commending Mrs. Jerrylin Dent; and for other purposes.
WHEREAS, Mrs. Jerrylin Dent, the devoted wife of the dis-

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tinguished Representative from Richmond County, has provided admir able support for her husband during the very strenuous 1971 Session of the General Assembly; and

WHEREAS, she has shown a keen understanding of the legislative problems faced by her husband; and

WHEREAS, her diligence, endurance and patience have provided her husband with outstanding moral support; and

WHEREAS, the care and devotion which she has shown to her family and her home, both during the rigorous election campaign and the current legislative session, are to be recognized and commended.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recognize and commend Mrs. Jerrylin Dent for her outstanding dedica tion to, and her support of, her husband, the distinguished Representa tive from Richmond 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 Mrs. Jerrylin Dent.

HR 443. By Messrs. Miles and Cheeks of the 78th, Dent and Connell of the 79th and Smith and Sherman of the 80th:
A RESOLUTION
Commending Mrs. Louise Mulherin; and for other purposes.
WHEREAS, Mrs. Louise Mulherin, the devoted wife of the distinguished Representative from Richmond County, has provided admirable support for her husband during the very strenuous 1971 Session of the General Assembly; and
WHEREAS, she has shown a keen understanding of the legislative problems faced by her husband; and
WHEREAS, her diligence, endurance and patience have provided her husband with outstanding moral support; and
WHEREAS, the care and devotion which she has shown to her family and her home, both during the rigorous election campaign and the current legislative session, are to be recognized and commended.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Mrs. Louise Mulherin for her outstanding dedication to, and her support of, her husband, the distinguished Representative from Richmond County.

FRIDAY, MARCH 12, 1971

3173

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 Resoluttion to Mrs. Louise Mulherin.

HR 444. By Messrs. Hudson of the 48th, Floyd of the 7th, Dailey of the 53rd and others:
A RESOLUTION
Commending the Georgia Medical Association for providing for the General Assembly a doctor of the day and a nurse of the day; and for other purposes.
WHEREAS, the members of the Georgia Medical Association have tirelessly and unselfishly donated their time and services by providing a doctor of the day and a nurse of the day during the 1971 regular Session of the General Assembly; and
WHEREAS, each and every doctor of the day and each and every nurse of the day has been of immense service and tremendous comfort to the ill and injured during the 1971 regular Session of the General Assembly; and
WHEREAS, the ability and willingness of the doctor of the day and the nurse of the day to be of help have been greatly appreciated by all.
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES does hereby commend the Georgia Medical Association and each and every person who served as a doctor of the day or as a nurse of the day for their diligent service, advice and outstanding ability.
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 Georgia Medical Association.

HR 445. By Messrs. Moyer of the 41st, Davis and King of the 86th, Thompson of the 85th and others:
A RESOLUTION
Relative to the Sesquicentennial Celebration of Houston County; and for other purposes.
WHEREAS, in the fall of 1971, Houston County will celebrate its Sesquicentennial Celebration; and
WHEREAS, Houston County was founded in 1821 and its original boundaries included the Flint River on the West, the Ocmulgee River

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on the East, and on the North by a line running East and West through Fort Hawking, and on the South a line running East and West through Hawkinsville, Georgia; and

WHEREAS, out of this original territory, several present counties surrounding Houston County have been created; and

WHEREAS, because of the industry and the expertise and caliber of the citizens located within Houston County, Houston County has outstripped its surrounding counties in growth, population and in dustrialization ; and

WHEREAS, because of the unusual and phenomenal growth of Houston County, it would be appropriate that the General Assembly consider the wisdom of allowing Houston County to reclaim its original boundaries in order that the profound influence of the citizens of Houston County might impart to the wayward offspring of its original territory some of its own grandness.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate the citizens of Houston County upon their achievements and does hereby wish to them success in the celebration of their Sesquicentennial Cele bration.

HR 446. By Messrs. Smith of the 43rd, Thomason of the 77th, Smith of the 3rd, Hudson of the 28th, Brown and Bennett of the 81st and others:
A RESOLUTION
Commending Linda Lowe; and for other purposes.
WHEREAS, Linda Lowe served as a member of the House of Representatives First Student Internship Program during the 1970 session; and
WHEREAS, Linda Lowe has served this House well during the 1971 session as the Coordinator of the 1971 Intern Program; and
WHEREAS, her extensive duties included the assignment of each intern to appropriate committees, planning of weekly seminars and maintaining liaison between the Speaker of the House of Representa tives, the individual interns and the respetcive participating colleges and universities; and
WHEREAS, Linda Lowe has, through her devotion to this job, improved upon the effectiveness of this program; and
WHEREAS, Linda Lowe has set an example to the members of this House by her loyalty and ladylike qualities.

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3175

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Linda Lowe for outstanding service as Coordinator of the 1971 Intern Program.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Linda Lowe.

HR 447. By Mr. Kreeger of the 117th:
A RESOLUTION
Commending Mrs. Carol Goodrum Kingery, the 1971 Wedixie Queen; and for other purposes.
WHEREAS, the employees of the Western Electric Co., Inc., of Atlanta, Georgia, have formed an employees club named the "Wedixie Club"; and
WHEREAS, said club provides educational and social functions for its members; and
WHEREAS, each year the employees nominate candidates of their choice for election as the "Wedixie Queen"; and
WHEREAS, Mrs. Carol Goodrum Kingery, of Cobb County, Geor gia, has been selected as the 1971 Wedixie Queen; and
WHEREAS, Mrs. Carol Goodrum Kingery should be commended for her talent, intelligence and beauty and for being selected as the 1971 Wedixie Queen.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does commend and congratulate Mrs. Carol Goodrum Kingery for her talent, intelligence and beauty and for being selected as the 1971 Wedixie Queen.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to Mrs. Carol Goodrum Kingery, 1971 Wedixie Queen.

HR 448. By Messrs. Bond of the llth, Brown of the 110th, Hill of the 94th, Blackshear of the 91st and others:
A RESOLUTION
Commending Miss Dorothy Young, Miss Julia Blalock and Mr. Alvin Brown, legislative assistants to the Black Caucus; and for other purposes.

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WHEREAS, the overwhelming burden of legislative duties facing the members of the Georgia House of Representatives has grown tremendously each year; and
WHEREAS, the hiring of additional staff has not been com mensurate with the proliferation of legislative duties; and
WHEREAS, the Georgia Center for Elected Officials at Clark College and the Voter Education Project realized this need for supple mentary staff, and retained three legislative assistants to provide such additional support for the Black Caucus; and
WHEREAS, the three legislative assistants were presented with challenging assignments which required objective assessment, intellectual curiosity and mature judgment; and
WHEREAS, the three legislative assistants have served with out standing excellence by performing all assignments in a manner which meets the high standards of the Black Caucus,
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby applaud and com mend these three capable and efficient legislative assistants for the excellent performance of their duties and service to the Black Caucus.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Miss Dorothy Young, Miss Julia Blalock and Mr. Alvin Brown.

HR 449. By Messrs. Leggett and Isenberg of the 67th:

A RESOLUTION
Commending Mr. Jack Gofer, Sea Pack Corp., Mr. J. Roy Duggan, King Shrimp Co., Mr. E. W. Lewis and Mr. W. B. Lewis, Lewis Crab Factory, Inc., Mr. Paul P. Moreira, Paul Moreira Shrimp Co., Inc., and Sheriff Tom Poppell; and for other purposes.
WHEREAS, on March 7, 1971, the General Assembly of Georgia and the personnel of Capitol Hill were treated to a seafood party at the Henry Grady Hotel in Atlanta, Georgia; and
WHEREAS, there was much delicious seafood and other refresh ments which contributed greatly to the enjoyment had by all attending the party; and
WHEREAS, all persons concerned have expressed their apprecia tion for the kind hospitality and generosity shown by those who con tributed the seafood and other refreshments consumed at said party.

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3177

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and express its appreciation to Mr. Jack Gofer, Sea Pack Corp., Mr. J. Roy Duggan, King Shrimp Co., Mr. E. W. Lewis and Mr. W. B. Lewis, Lewis Crab Factory, Inc., Mr. Paul P. Moreira, Paul Moreira Shrimp Co., Inc., and Sheriff Tom Poppell for their hospitality and generosity in con tributing the seafood and other refreshments served at the seafood party given at the Henry Grady Hotel on March 7, 1971.

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 above named persons.

HR 450. By Mr. King of the 86th:
A RESOLUTION
Commending the news media; and for other purposes.
WHEREAS, it is important that the people of the State of Georgia be informed as to legislative matters before the General Assembly of Georgia; and
WHEREAS, the news media, and in particular the newspapers, has provided excellent coverage of the 1971 Regular Session of the General Assembly of Georgia; and
WHEREAS, the news media has diligently published information relative to the progress, effort and action of the General Assembly regarding legislative matters; and
WHEREAS, the news media has proved the pen is mightier than the sword; and
WHEREAS, the news media should be commended for its super lative coverage and reporting of the 1971 Regular Session of the General Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the news media of Georgia, and particularly the newspapers, for its superlative coverage and reporting of the 1971 Regular Session of the General Assembly 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 Mr. Don E. Heald, President, Georgia Association of Broadcasters, to Mr. John Fleetwood, President, Georgia Press Association, and to Mr. Glen McCullough, Executive Director, Georgia Press Association.

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HR 451. By Messrs. Keyton and Russell of the 70th:

A RESOLUTION

Commending Ronnie Bozeman; and for other purposes.

WHEREAS, Ronnie Bozeman of Route 1, Thomasville, Georgia, is an excellent student at Central High School, Thomasville, Georgia; and

WHEREAS, Ronnie Bozeman has distinguished himself through his outstanding service and contributions to the 4H Club of Thomas County, Georgia; and

WHEREAS, Ronnie Bozeman has won first place in three separate 4H projects; and

WHEREAS, Ronnie Bozeman has shown himself to be a distin guished young citizen of Georgia by his diligence, his willingness to be of help, and his constant efforts to excel in all things which he undertakes.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Ronnie Bozeman for his outstanding citizenship and achieve ments in his 4H work.

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 Ronnie Bozeman.

HR 452. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Mr. William Oscar Easterlin; and for other purposes.
WHEREAS, during his long and eventful life, Mr. William Oscar Easterlin has provided inspiration to his community and State through his many contributions to the civic, religious, economic and political life of his county and State; and
WHEREAS, Mr. Easterlin will be celebrating his 96th birthday on August 30, 1971; and
WHEREAS, he has always been a highly respected and admired farmer, although he is retired now; and
WHEREAS, he is a member of the Andersonville Baptist Church and a past member of the W.O.W., and Kiwanis Clubs; and

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WHEREAS, he was married to the former Bertha Johnson of Schley County, who died in 1948; and

WHEREAS, he is a dedicated citizen and a credit to his community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. William Oscar Easterlin on his many outstanding contributions to the life of his community and State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mr. William Oscar Easterlin.

HR 453. By Mr. Dean of the 19th:
A RESOLUTION
Commending the Rockmart High School "Yellow Jackets" Wrestling Team; and for other purposes.
WHEREAS, the Rockmart High School Wrestling Team, under the distinguished coaching of Guy Rutland, has displayed amazing wrestling skills and abilities during the 1970-71 season; and
WHEREAS, this outstanding team compiled the admirable record of 11 wins as against one loss; and
WHEREAS, the Yellow Jackets, while competing in Region 4-A, received many honors; and
WHEREAS, the Black and Gold received outstanding support from Principal B. J. Keller and the other members of the Rockmart High School faculty; and
WHEREAS, the members of this outstanding team are: Ronald Lee Davis, who was State champion in his class for the second year in a row; Randy Stone, State champion in his class; Van Keller, State champion in his class; Kenneth Borders, State champion in his class, Dan Casey, who placed second in his class in the State; Frank Hilburn; Lee Burch; Keith Phillips; Bobby Podskoc; David Cummings; Jeff Osborne; Miles Hutchins; George Mock; David Yates; C. L. Thompson; William Burrell; Chip Chambers; Ralph Davenport; Keith Lindsey; Jeffery Carlton; Tim Yarbrough; Mike Sullivan, Earl Smith; Eugene Sigers; David Williams; Tim Campbell and Terry Dabbs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend the Rockmart High School "Yellow Jackets" Wrestl ing Team for their outstanding wrestling ability and for their many worthwhile achievements during the 1970-71 school year.

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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 each person hereinabove named.

HR 454. By Messrs. Conger of the 68th, Matthews of the 16th, Russell of the 77th, Thomason of the 77th and others:
A RESOLUTION
Expressing regret at the passing of Hamilton Goss Ansley, III; and for other purposes.
WHEREAS, Hamilton Goss Ansley, III died on March 7, 1971, at the age of 21 years, the victim of leukemia; and
WHEREAS, Hamilton Goss Ansley, III set an example of courage and resolve during his two years of affliction with this disease which inspired all who knew him; and
WHEREAS, Hamilton Goss Ansley, III came to understand the pressing need for this nation to commit a greater portion of its re sources to the search for a cure for cancer; and
WHEREAS, Hamilton Goss Ansley, III devoted much of his time and energies during the last two years of his life to raising funds for the Leukemia Society; and
WHEREAS, Hamilton Goss Ansley, III was a person of great ability and leadership, having served as Eminent Archon of Georgia Beta of Sigma Alpha Epsilon Fraternity and a member of the tennis team at the University of Georgia; and
WHEREAS, Hamilton Goss Ansley, III was loved and admired for his qualities of kindness, generosity, compassion, integrity, honesty and courage and will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby pay tribute to the memory of Hamilton Goss Ansley, III for his contribu tions to his fellow men and for the sterling quality of his life, and do further express their deepest and sincerest regrets that the State of Georgia and the nation have been deprived of the benefit of the leader ship of Hamilton Goss Ansley, III, and it is the sense of this body that very possible effort must be made by the government to assist the medical profession in conquering this insidious disease.
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 family of Hamilton Goss Ansley, III.

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3181

HR 455. By Messrs. Chappell and Larsen of the 42nd, Phillips of the 38th, Hudson of the 48th and Brown of the 32nd:

A RESOLUTION

Welcoming the Honorable Dubignion "Dub" Douglas; and for other purposes.

WHEREAS, the Honorable Dubignion "Dub" Douglas is present in the House of Representatives today; and

WHEREAS, the distinguished former Representative from the 60th and 42nd Districts is known for his keen insight into the problems facing the Legislative Branch of Government; and

WHEREAS, his advice and counsel are of invaluable assistance to the members of this Body; and

WHEREAS, the distinguished attorney from Dublin served in the House of Representatives from 1967 through 1970; and

WHEREAS, it is only fitting and proper that his presence be recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby wel come the Honorable Dubignion "Dub" Douglas to the floor of this House.

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 Dubignion "Dub" Douglas.

HR 456. By Messrs. Miller of the 83rd, Scarborough, Pinkston, Bennett and Evans of the 81st and others:
A RESOLUTION
Commending Television Station WMAZ-TV, Macon Georgia; and for other purposes.
WHEREAS, the residents of the Macon-Bibb County area are extremely fortunate in that they comprise the viewing audience of Television Station WMAZ-TV; and
WHEREAS, this station affords its audience complete, up-to-date, and well-presented reports of the activities of the Georgia General Assembly, and affords the people of Macon and Bibb County panel discussions in which the important issues of the day are brought to light and discussed in meaningful and highly informative ways; and

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WHEREAS, this station's political reporter is widely known and respected by the members of this Body; and

WHEREAS, the political reports of this station are known for their accuracy, incisiveness and quality.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Television Station WMAZ-TV for its excellent coverage of the 1971 session of the General Assembly 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 Television Station WMAZ-TV.

HR 457. By Messrs. Miller of the 83rd, Scarborough, Evans, Pinkston, Bennett and Brown of the 81st and Coney of the 82nd:
A RESOLUTION
Commending Radio Station WBML, Macon, Georgia; and for other purposes.
WHEREAS, WBML Radio Station, Macon, Georgia, has exhibited an outstanding spirit of public service in reporting the events of the 1971 session of the General Assembly of Georgia; and
WHEREAS, WBML Radio has provided its listening audience with accurate, incisive and complete reports of legislative activities which are known for their quality and clarity; and
WHEREAS, its staff is well known and respected for their journalistic ability; and
WHEREAS, it is only fitting and proper that WBML Radio be recognized and commended for its outstanding public service in broad casting the events of the 1971 session of the General Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Radio Station WBML, Macon, Georgia, for its outstanding spirit of public service in its coverage of the 1971 session of the General Assembly 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 Radio Station WMBL, Macon, Georgia.

FRIDAY, MARCH 12, 1971

3183

458. By Messrs. Rainey of the 47th, Housley of the 117th, Adams of the 100th, Smith of the 39th and others:

A RESOLUTION

Commending Glenn Goodpasture; and for other purposes.

WHEREAS, the Honorable Glenn Goodpasture ably interned for the House Game and Fish Committee during the 1971 session of the General Assembly; and

WHEREAS, a student at Emory majoring in Political Science, Glenn intends to attend law school and then, perhaps, enter political life; and

WHEREAS, it is hoped that if he enters political life, he does it by becoming a member of this Body, as he has demonstrated excellent qualities throughout the session.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Glenn Goodpasture for his excellence throughout the 1971 session.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Glenn Goodpasture.

HR 459. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending Mrs. Dorothy Cheney Hill; and for other purposes.
WHEREAS, during her long and eventful life, Mrs. Dorothy Cheney Hill has provided an inspiration to her community and State through her many contributions to the civic, religious, economic and political life of her community and State; and
WHEREAS, she is a dedicated and useful citizen of Ellaville, Georgia, in spite of a handicap resulting from an automobile accident; and
WHEREAS, she expresses her honest and sincere opinions, from which she never flinches, with great intellectual force; and
WHEREAS, her dedication to her community and her selfless and gratuitous giving of time and energy, especially in helping the needy, are freely shared with the people of Schley County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mrs.

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Dorothy Cheney Hill on her many outstanding1 contributions to the life of Ellaville and the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mrs. Dorothy Cheney Hill.

HR 460. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending T. L. "Neighbor" Martin; and for other purposes.
WHEREAS, T. L. "Neighbor" Martin has given many years of dedicated service to the people of Americus, Georgia; and
WHEREAS, his sympathy and constructive work with the Alcohol ics Anonymous organization has helped many people overcome their problems and become responsible and upstanding citizens of the com munity; and
WHEREAS, his happiness, cheerfulness and foolishness have brightened the days of the people who have come in contact with him; and
WHEREAS, he has been a dedicated husband to his lovely wife, Mervin, who has stood by him for 50 years of happy marriage.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. T. L. "Neighbor" Martin for his outstanding record of service to the people of Americus, Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mr. Martin.

HR 461. By Mrs. Merritt of the 46th:
A RESOLUTION
Commending and congratulating Mr. Raymond Oris Slaton, Sr.; and for other purposes.
WHEREAS, Mr. Raymond Oris Slaton, Sr., of Reynolds, Georgia, will celebrate his 95th birthday on April 13, 1971; and
WHEREAS, Mr. Slaton has been extremely active in the fraternal and religious affairs of his community throughout his entire life; and

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3185

WHEREAS, he was presented a "fifty-year" pin by his local Masonic Lodge at his annual Birthday Dinner several years ago; and

WHEREAS, he has been a Sunday School Teacher of the Adult Class at Pleasant Grove Baptist Church for over fifty years; and

WHEREAS, he is the father of seven living children and scores of grandchildren and great-grandchildren; and

WHEREAS, it is the desire of the members of this body to pay homage to this pioneer citizen of Macon County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate Mr. Raymond Oris Slaton, Sr., upon the celebra tion of his forthcoming 95th birthday and wish for him many happy returns of the day.

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. Raymond Oris Slaton, Sr.

HR 462. By Mr. Thomason of the 77th:
A RESOLUTION
Commending the members of the House Intern Program for the 1971 Session of the General Assembly of Georgia; and for other pur poses.
WHEREAS, the participants in the 1971 House Intern Program have provided valuable assistance to the standing committees of the House and to individual legislators through their research and other work; and
WHEREAS, the research efforts of the Interns help to improve the quality of legislation considered by the House; and
WHEREAS, the House Interns are chosen from among the most capable students in our colleges and universities; and
WHEREAS, the internship has been an important opportunity for its participants to gain practical knowledge and experience in the operation of State government as a supplement to their academic studies; and
WHERE A.S, as a result of this program the Interns will be better prepared to assume positions of further responsibility in government.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com-

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mend the members of the House Intern Program for the outstanding job they have done during the 1971 Session of the General Assembly of Georgia.

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 following members of the House Intern Program: Margaret Ann Christian, Alice Hudson, Glen Goodpasture, Richard Judson Akin, Wallace Quinn Hudson, Ann O. Spears, Glenn Newton Pierson, Joseph William Evans, Bruce John Neubauer, James E. Blackmon, Doris Sims, Jack Brian Hood, Mary Jane Judge, Michael Swinford, Janet Godfrey and Caroline Hill.

HR 463. By Messrs. Leggett of the 67th, Bohannon and Patterson of the 20th, Hadaway of the 27th and others:
A RESOLUTION Wishing the Honorable Joe Isenberg a speedy recovery; and for other purposes.
WHEREAS, the Honorable Joe Isenberg has been diligent in his service as a member of the 1971-72 House of Representatives; and
WHEREAS, the Honorable Joe Isenberg has given his time, service and effort tirelessly in carrying out his duties as a member of the House of Representatives; and
WHEREAS, the Honorable Joe Isenberg has been confined in the hospital with ulcers; and
WHEREAS, the Honorable Joe Isenberg is sorely missed by the House of Representatives during his illness and absence from the 1971 regular session of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby wish the Honorable Joe Isenberg a speedy recovery and does hereby commend him for his diligent service as a member of the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appropriate copy of this Resolution to the Honorable Joe Isenberg.

HR 464. By Messrs. Howard, McDaniell, Wilson, Kreeger, Housley, Atherton and Burruss of the 117th:
A RESOLUTION
Commending Miss Cynthia Elizabeth Cook; and for other purposes.
WHEREAS, Miss Cynthia Elizabeth Cook, the beautiful and

FRIDAY, MARCH 12, 1971

3187

talented daughter of Mrs. Gertrude M. Cook, has been selected "Miss Cobb County"; and

WHEREAS, Miss Cook was also a finalist in the 1969 Miss Atlanta Pageant and the winner of the 1970 Smyrna Jonquil Queen Pageant; and

WHEREAS, Miss Cook is talented in ballet, piano, baton, modelling and especially voice, being a vocalist and a ventriloquist; and

WHEREAS, Miss Cook is a sophomore at Middle Georgia College and is very active in the civic, political, religious, social and athletic activities at her college; and

WHEREAS, it is the desire of this Body to recognize Miss Cook for her talent, intelligence and beauty and to wish her every success in the Miss Georgia Pageant in Columbus.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Miss Cynthia Elizabeth Cook for being selected "Miss Cobb County", and the members of this Body wish her every success in the future.

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 Miss Cynthia Elizabeth Cook and to her mother, Mrs. Gertrude M. Cook of Smyrna, Georgia.

HR 465. By Messrs. Miles and Mulherin of the 78th, Connell and Dent of the 79th and Smith and Sherman of the 80th:
A RESOLUTION
Commending Mrs. Betty Jo Cheeks; and for other purposes.
WHEREAS, Mrs. Betty Jo Cheeks, the devoted wife of the distin guished Representative from Richmond County, has provided admirable support for her husband during the very strenuous 1971 Session of the General Assembly; and
WHEREAS, she has shown a keen understanding of the legislative problems faced by her husband; and
WHEREAS, her diligence, endurance and patience have provided her husband with outstanding moral support; and
WHEREAS, the care and devotion which she has shown to her family and her home, both during the rigorous election campaign and the current legislative session, are to be recognized and commended.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Mrs. Betty Jo Cheeks for her outstanding dedication to, and her support of, her husband, the distinguished Representative from Richmond 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 Mrs. Betty Jo Cheeks.

HE 466. By Messrs. Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Sherman and Smith of the 80th:
A RESOLUTION
Commending Mrs. Mae Miles; and for other purposes.
WHEREAS, Mrs. Mae Miles, the devoted wife of the distinguished Representative from Richmond County, has provided admirable support for her husband during the very strenuous 1971 Session of the General Assembly; and
WHEREAS, she has shown a keen understanding of the legislative problems faced by her husband; and
WHEREAS, her diligence, endurance and patience have provided her husband with outstanding moral support; and
WHEREAS, the care and devotion which she has shown to her family and her home, both during the rigorous election campaign and the current legislative session, are to be recognized and commended.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Mrs. Mae Miles for her outstanding dedication to, and her support of, her husband, the distinguished Representative from Richmond 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 Mrs. Mae Miles.

HR 467. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Smith of the 80th:
A RESOLUTION
Commending Mrs. Anne Sherman; and for other purposes.
WHEREAS, Mrs. Anne Sherman, the devoted wife of the distin-

FRIDAY, MARCH 12, 1971

3189

guished Representative from Richmond County, has provided admirable support for her husband during the very strenuous 1971 Session of the General Assembly; and

WHEREAS, she has shown a keen understanding of the legislative problems faced by her husband; and

WHEREAS, her diligence, endurance and patience have provided her husband with outstanding moral support; and

WHEREAS, the care and devotion which she has shown to her family and her home, both during the rigorous election campaign and the current legislative session, are to be recognized and commended.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Mrs. Anne Sherman for her outstanding dedication to, and her support of, her husband, the distinguished Representative from Richmond 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 Mrs. Anne Sherman.

HR 468. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent and Connell of the 79th and Sherman of the 80th:
A RESOLUTION
Commending Mrs. Jane Smith; and for other purposes.
WHEREAS, Mrs. Jane Smith, the devoted wife of the distinguished Representative from Richmond County, has provided admirable support for her husband during the very strenuous 1971 Session of the General Assembly; and
WHEREAS, she has shown a keen understanding of the legislative problems faced by her husband; and
WHEREAS, her diligence, endurance and patience have provided her husband with outstanding moral support; and
WHEREAS, the care and devotion which she has shown to her family and her home, both during the rigorous election campaign and the current legislative session, are to be recognized and commended.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Mrs. Jane Smith for her outstanding dedication to, and her support of, her husband, the distinguished Representative from Richmond County.

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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. Jane Smith.

HR 469. By Messrs. Miles, Cheeks and Mulherin of the 78th, Dent of the 79th and Smith and Sherman of the 80th:
A RESOLUTION
Commending Mrs. Nanette Jean Connell; and for other purposes.
WHEREAS, Mrs. Nanette Jean Connell, the devoted wife of the distinguished Representative from Richmond County, has provided admirable support for her husband during the very strenuous 1971 Session of the General Assembly; and
WHEREAS, she has shown a keen understanding of the legislative problems faced by her husband; and
WHEREAS, her diligence, endurance and patience have provided her husband with outstanding moral support; and
WHEREAS, the care and devotion which she has shown to her family and her home, both during the rigorous election campaign and the current legislative session, are to be recognized and commended.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Mrs. Nanette Jean Connell for her outstanding dedication to, and her support of, her husband, the distinguished Representative from Richmond 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 Mrs. Nanette Jean Connell.
HR 470. By Messrs. Ross of the 26th, Noble of the 73rd, Jones of the 4th, Westlake of the 75th and others:
A RESOLUTION
Commending and honoring the beautiful girls of the Legislative Counsel; and for other purposes.
WHEREAS, were it not for the beautiful and talented girls of the Office of Legislative Counsel, the logjam of bills in the Senate would not now be taking place; and
WHEREAS, each member of this Body has been able to obtain speedy and efficient service from the Legislative Counsel only because

FRIDAY, MARCH 12, 1971

3191

the aforesaid girls were so willing to give of their time and energies; and

WHEREAS, it is only fitting and proper that this Body heartily commend and applaud the beautiful girls of the Legislative Counsel for their irreplaceable contribution to the 1971 session of the General As sembly of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and honors the beautiful girls of the Legislative Counsel.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the girls of the Office of Legislative Counsel, who are as follows: Carolyn Creech, Jan Duzan, Rebecca Faulkner, Maurice Hammond, Mary Haseltine, Connie King, Marty Lung, Ginny McKinney, Gayle Maloney, Rita Moore, Jean Pressley, Mildred Saffold, Georgia Tavares and Pat Wyatt.

HR 471. By Messrs. Lane of the 44th, Hudson of the 48th, Adams of the 100th, Ross of the 26th and others:
A RESOLUTION
Commending Honorable Dick Lane; and for other purposes.
WHEREAS, Honorable Dick Lane, the distinguished gentleman from District 101, is serving as a member of this body for his third consecutive term; and
WHEREAS, he has served with distinction as a member of the Defense and Veterans Affairs Committee, the Game and Fish Com mittee, and the State Planning and Community Affairs Committee; and
WHEREAS, although he is a member of the minority party, he usually votes like a good "Democrat"; and
WHEREAS, he is a member of the Veterans of Foreign Wars and the American Legion; and
WHEREAS, it is the desire of the members of this body to recog nize this patriotic American for his outstanding accomplishments and achievements during his tenure as a member of this House.
NOW, THEREFORE, BE IT- RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Dick Lane, the distinguished Representative from the 101st District, for his energy, dedication and ability as a member of this body and further expresses the sincere hope that he will be elected for many terms in the future.

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JOURNAL OP THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable Dick Lane.

HR 472. By Mr. Edwards of the 45th:
A RESOLUTION
Commending the Taylor County High School Girls Basketball Team; and for other purposes.
WHEREAS, the Taylor County High School Girls Basketball Team has completed another successful season; and
WHEREAS, said team has won their fourth straight championship; and
WHEREAS, this truly remarkable team has rightfully earned the reputation as one of this nation's better teams having won 124 con secutive games without a defeat; and
WHEREAS, it is a tribute to the athletic prowess and sportsman ship of the members of this team that they have compiled so enviable a record.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Taylor County High School Girls Basketball Team for their many outstanding achievements and for a most successful season culminating in their fourth straight championship.
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 Coach and to each member of the Taylor County School Girls Basketball Team.

HR 473. By Messrs. Snow of the 1st, Smith of the 43rd, Peters of the 2nd and others:
A RESOLUTION
Commending and honoring Senator Billy Shaw Abney; and for other purposes.
WHEREAS, the Honorable Billy Shaw Abney has announced his retirement from the Senate at the age of 36 after three terms of office in the Senate in which he provided his constituents and the people of Georgia with distinguished statesmanship, unsurpassed political acumen and delightful wit; and

FRIDAY, MARCH 12, 1971

3193

WHEREAS, it is saddening to lose a member of the General As sembly whose talents and friendship are so highly respected and valued by the members of this Body; and

WHEREAS, it is sincerely hoped that the Honorable Billy Shaw Abney will find service in the judicial branch of government reward ing and stimulating, and that he will serve justice as zealously as he served the people of Georgia; and

WHEREAS, the Honorable Senator began his political career at the age of 12 when he campaigned for Marvin Griffin, and as a young man Billy Shaw Abney was selected to a post of leadership by Governor Mar vin Griffin, thus beginning a lifelong friendship; and

WHEREAS, he served with distinction as a member of this Body and later as a member of the Senate under Governors Vandiver, Sanders, Maddox and Carter; and

WHEREAS, Lieutenant Governor Maddox, recognizing Senator Abney's abilities, appointed him Chairman of the Senate Elementary and Secondary Education Committee, a position which has been administered faultlessly by the Honorable Senator; and

WHEREAS, Billy Shaw Abney is married to the former Ann Elenora Walker, and they have a fine young son, Shaw Walker, who, at the tender age of two and one-half, is already showing signs of having his father's intelligence and energy.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby express its sincerest ap preciation to the Honorable Senator from the 53rd District for blessing the General Assembly with his presence, his ready wit, his inspiration and sage advice.

BE IT FURTHER RESOLVED that this Body wishes the Hon orable Billy Shaw Abney the best of everything in his climb up the ladder of success and prominence in the judicial branch of government.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Billy Shaw Abney.

HR 474. By Messrs. Potts and Knight of the 30th, Hawes of the 15th, Longino of the 98th and others:
A RESOLUTION
Commending Mrs. Helene Young; and for other purposes.
WHEREAS, Mrs. Helene Young has served as the Director of the Page Staff of the House of Representatives; and

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WHEREAS, due to her efficiency and outstanding abilities, the affairs of the Page Staff have been ably administered; and

WHEREAS, due to the industry and labor of this charming member of the House Staff, the labors of the members of this body have been greatly reduced.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and express its deepest appreciation to Mrs. Helene Young, Director of the House of Representatives Page Staff, for her conscientious efforts in the dis charge of her duties.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Mrs. Helene Young.

HR 475. By Messrs. Potts and Knight of the 30th, Hawes of the 95th, Salem of the 51st and others:
A RESOLUTION
Commending the members of the House Page Staff; and for other purposes.
WHEREAS, Mrs. Gay Hatcher, Mrs. Elizabeth Dickinson, Mrs. Ann Friend, Mrs. Wilma Thompson, Mrs. Penny Edmonds, Miss Juliana Gulp, Mrs. Velma Fellows and Mrs. Gayle Taylor, have, with charm and efficiency, administered the affairs of the Page Staff of the House of Representatives in a most satisfactory fashion; and
WHEREAS, the services of these lovely ladies have been most ap preciated and helpful to the members of the House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its apprecia tion to the above-named staff members of the House of Representatives for their valuable services.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Mrs. Gay Hatcher, Mrs. Elizabeth Dickinson, Mrs. Ann Friend, Mrs. Wilma Thompson, Mrs. Penny Ed monds, Miss Juliana Gulp, Mrs. Velma Fellows, and Mrs. Gayle Taylor.

HR 476. By Messrs. Dean of the 19th, Patterson of the 20th, McDaniell, Atherton, Kreeger and Wilson of the 117th and others:
A RESOLUTION
Relative to the Lockheed-Georgia Company; and for other purposes.

FRIDAY, MARCH 12, 1971

3195

WHEREAS, the Lockheed-Georgia Company is observing its 20th year as an industrial citizen of the State of Georgia during 1971; and

WHEREAS, during its 20 years in the State of Georgia, this firm has made significant contributions to the economic and technological de velopment of this State and its citizens; and

WHEREAS, while building the world's largest airplane, the C-5 Galaxy, the Lockheed-Georgia Company has provided work and skilltraining to thousands of Georgians and has brought a $1.4 billion pay roll into the State over the past five years; and

WHEREAS, due to defense cutbacks and cancellation of some C-5 orders, the Lockheed-Georgia Company has been forced to lay off 12,000 workers, many of whom are highly skilled and very capable workers, during the past 18 months; and

WHEREAS, such unfortunate action has resulted in a loss of $2 million per week in payrolls, which contribute to the support and liveli hood of numerous Georgians in other trades, businesses and professions; and

WHEREAS, it is expected that another 4,000 employees, with a payroll of $1 million per week, will be laid off by the end of 1971; and

WHEREAS, agriculture and the aerospace industry are about the only two areas in international trade in which America has retained a clear lead over other areas of the world.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA that it is es sential that the core of aerospace capability which has been developed within this State during the past 20 years be preserved.

BE IT FURTHER RESOLVED that the members of this body do hereby express pride in the professional engineers, scientists, tech nicians, mechanics, mathematicians and production workers assembled by the Lockheed-Georgia Company to build such vital defense vehicles as the C-5, C-141 and the C-130.
BE IT FURTHER RESOLVED that the members of this body do hereby commend and congratulate the Lockheed-Georgia Company on its 20th anniversary as an industrial citizen of the State of Georgia, and do hereby extend their sincerest good wishes and support as the Lock heed-Georgia Company strives to hold together, within the State of Geor gia, the very able and competent work force on which it can build for the future and remain as a significant contributor to the economy and de velopment of the State of Georgia and to the defense of our nation.

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 Mr. R. A. Fuhrman, President, the Lock heed-Georgia Company, the Honorable Herman E. Talmadge, the Hon-

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orable David Gambrell, the Honorable John W. Davis, and to each of the remaining members of the Georgia Congressional Delegation, and to the Chairmen of the Armed Services Committees of the United States Senate and House of Representatives.

HR 477. By Messrs. Toles, Adams and Lowrey of the 9th, Ezzard of the 102nd, Drury of the 66th and others:
A RESOLUTION
Commending the personnel of the House Stenographic Pool; and for other purposes.
WHEREAS, the charming and efficient ladies of the House Steno graphic Pool have performed their duties and responsibilities with the highest degree of proficiency and competence; and
WHEREAS, their outstanding service to the members of the House of Representatives has greatly lightened the burdens of this body; and
WHEREAS, their pleasant and cheerful attitude toward the mem bers of this body has been greatly appreciated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to Nancy F. Wiley, Supervisor, Pat Redding, Miriam Pope, Peggy Parks, Donna Love, Geri Dreger, Dorcas Eidson, Alice Sharpe, Mary Bond, Lucille Dennis, Margaret Strickland, Bernice Moore, Minnie Sellars, Sandy Smith, Doris Mills and Jeanne Hill their deepest and sincerest thanks for a job well done.
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 of the above-named persons.

HR 478. By Messrs. Floyd of the 7th, Murphy of the 19th, Busbee of the 61st and others:
A RESOLUTION
Commending the Legislative Budget Analyst; and for other pur poses.
WHEREAS, Honorable Pete Hackney, Legislative Budget Analyst, and his staff have performed an outstanding service for the members of the General Assembly, and particularly for the Chairman and other members of the Appropriations Committee of the House; and
WHEREAS, they have worked ceaselessly and tirelessly in obtain ing information and data to furnish the members in order that the tax

FRIDAY, MARCH 12, 1971

3197

funds of the citizens of this State might be appropriated in a more in telligent and meaningful manner; and

WHEREAS, they have worked many long hours at night and on weekends while performing their duties, and as a result of their work the members of the Appropriations Committee and of this body have had a greater knowledge of the fiscal operations of State Government than ever before.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Pete Hackney, Legislative Bud get Analyst, and the members of his staff are hereby commended for their outstanding efforts in performing their duties on behalf of the Appropriations Committee and this body. The Legislative Budget Analyst is hereby pledged to complete cooperation and backing of the membership of the Appropriations Committee and the House in their research into the operations of the various departments and agencies of State Government.

BE IT FURTHER RESOLVED that this body hereby requests and directs the Legislative Budget Analyst to continue his good work and to seek out ways and means of effecting economies in the operation of the State Government. He is further directed to carry out his duties in relation to every department and agency of this State and all depart ment and agency heads are hereby given notice that the Budget Analyst is performing his duties at the specific direction of the House of Repre sentatives and of the Chairman and members of the Appropriations Committee.

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 Pete Hackney.

HR 479. By Messrs. Smith of the 39th, Gary of the 21st, Adams of the 100th, Harris of the 10th and others:
A RESOLUTION
Commending Mary Jane Judge; and for other purposes.
WHEREAS, Miss Mary Jane Judge, beautiful intern for the House Motor Vehicles Committee, ably served the members of this Body dur ing the 1971 session of the Georgia General Assembly; and
WHEREAS, majoring in Political Science at the University of Georgia, Mary Jane plans a career in teaching; and
WHEREAS, in addition to her beauty, she was industrious, capable and most helpful to the members of the House; and
WHEREAS, it is hoped that Mary Jane Judge will bless this House with her presence next year.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body hereby commends Miss Mary Jane Judge for her magnificent contribution to the legislative process.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Miss Mary Jane Judge.

HR 480. By Mr. Rainey of the 47th and Mrs. Merritt of the 46th:

A RESOLUTION

Commending Mrs. B. I. Thornton, Jr.; and for other purposes.

WHEREAS, Mrs. B. I. Thornton, Jr., of Cordele, Georgia, has been named Georgia's 1971 "Mother of the Year"; and

WHEREAS, she was named "Mother of the Year" at a luncheon at the Regency, Thursday, March 11, 1971, by Mrs. Dwight D. Eisenhower, the Honorary President of the American Mothers Committee; and
WHEREAS, Mrs. Thornton is an active member in the social, po litical, civic and religious activities of her community; and
WHEREAS, Mrs. Thornton is mother of four outstanding children: Mrs. Mayson Bissell, Mrs. Cornelia Hawley, Ben L. Thornton, III, and Mrs. Rebecca Shauf; and
WHEREAS Mrs. Thornton will compete for the national title in May in New York.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Mrs. B. I. Thornton, Jr., of Cordele, for being named Georgia's "Mother of the Year", and the members wish her every success in the national contest in New York.

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. B. I. Thornton, Jr., of Cordele, Georgia.

HR 481. By Mr. Carter of the 64th:
A RESOLUTION
Commending the Berrien County Rebels High School Basketball Team; and for other purposes.

FRIDAY, MARCH 12, 1971

3199

WHEREAS, the Berrien County Rebels High School Basketball Team is presently competing in the Class AA State Basketball Tourna ment; and

WHEREAS, this outstanding team is undefeated and needs two more victories to become the Class AA State champions; and

WHEREAS, coach Stanley Simpson is respected and admired as one of the great high school basketball coaches in the State; 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 exceptional coaching ability of coach Simpson; and

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Berrien County Rebels High School Basketball Team for its amazing record of victories, and the members of this Body wish the team every success in the championship games.

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 Berrien County High School and to Coach Stanley Simpson.

HR 482. By Mr. Turner of the 3rd:
A RESOLUTION
Commending Mr. Ray Bagley; and for other purposes.
WHEREAS, Mr. Ray Bagley has served the Murray County School System with great ability, dedication and honor for 36 consecutive years; and
WHEREAS, during said period of time, Mr. Bagley served for 20 years as Murray County Superintendent of Schools and provided ex cellent leadership for said school system; and
WHEREAS, Mr. Bagley presently serves as the Principal of Mur ray County High School; and
WHEREAS, he is an outstanding citizen of this community and is held in the highest esteem and affection by all who know him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com-

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mend Mr. Ray Bagley for his many years of outstanding service to the Murray County School System.

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. Ray Bagley.

HR 483. By Mr. Conger of the 68th:
A RESOLUTION
Urging the State Highway Department to erect appropriate signs on all State and Federal highways leading into Georgia's port cities; and for other purposes.
WHEREAS, the State of Georgia is indeed fortunate to have five major port cities, namely: Bainbridge, Savannah, Augusta, Columbus and Brunswick; and
WHEREAS, it would cost the State very little to erect appropriate signs designating each of Georgia's port cities as a "Port City" on all State and National highways leading into such cities; and
WHEREAS, it is in the best interests of the State of Georgia to publicize her port cities whenever and wherever possible.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the State High way Department to erect appropriate signs designating each of Geor gia's port cities as a "Port City" on all State and Federal highways lead ing into such cities.
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 Chairman and each member of the State Highway Board, the Director of the State Highway Department, the Chairman of the Georgia Ports Authority, and to the Mayor and each member of the Council of each of Georgia's five port cities.

HR 484. By Messrs. Rainey of the 47th, Floyd of the 7th, Murphy of the 19th, Lane of the 44th, Brantley of the 52nd and others:
A RESOLUTION
Commending Honorable George T. Bagby; and for other purposes.
WHEREAS, Honorable George T. Bagby served with fairness, dedi cation, ability and skill as the past Director of the State Game and Fish Commission; and

FRIDAY, MARCH 12, 1971

3201

WHEREAS, he was born in Paulding County, Georgia, on October 26, 1920, and is the son of Joel Pinkney Bagby, Jr., and Stella Roberson Bagby; and

WHEREAS, he attended Dallas High School, West Georgia Col lege, and graduated from John Marshall Law School in 1950; and

WHEREAS, he has provided many years of dedicated leadership to his County and State, having served in the House of Representatives for 13 years and as Director of the State Game and Fish Commission for 4 years; and

WHEREAS, because of his long experience and remarkable knowl edge of State Government, his counsel is sought by members of the General Assembly; and

WHEREAS, the distinguished gentleman from Paulding County is highly respected and admired by the members of this Body.

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 George T. Bagby 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 ap propriate copy of this Resolution to the Honorable George T. Bagby.

HR 485. By Messrs. Busbee of the 61st, Floyd of the 7th and Murphy of the 19th:
A RESOLUTION
Creating a committee to study the manner in which certain grants to local school systems are expended; and for other purposes.
WHEREAS, the General Assembly has appropriated funds for grants to local school systems for supplemental instructors and aides to assist classroom teachers in providing intensive instruction so as to enable all students to achieve in the various subject matter areas in ac cordance with their potential and abilities; and
WHEREAS, it is the desire of this body to obtain additional in formation as to the precise manner in which these grant funds are expended.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the manner in which grants to local school systems for supple mental instructors and aides are expended. The committee shall be composed of three members of the House of Representatives, to be ap-

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JOURNAL OF THE HOUSE,

pointed by the Speaker. The committee shall conduct a thorough study of the manner in which grants to local school systems for supplemental instructors and aides to provide assistance in the elementary grades are expended. The committee is authorized to make such inquiries and in vestigations as it deems necessary in completing this study, and in this connection, the Department of Education and the various local boards of education and school superintendents shall cooperate with the com mittee. 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 accom plish the objectives and purposes of this resolution. The committee is authorized to meet with a similar committee of the Senate, if created. The members of the committee shall receive the expenses and allowances authorized for legislative members of interim legislative committees. 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 report of its findings and recommendations to the 1972 session of the General Assembly, at which time the committee shall stand abolished.

HE 486. By Messrs. Brown of the 110th, Bond of the lllth, Alexander of the 108th, Hill of the 94th and others:
A RESOLUTION
Expressing the deepest and sincerest regrets at the passing of the Honorable Whitney M. Young, Jr.; and for other purposes.
WHEREAS, a great American died Thursday, March 11, 1971; and
WHEREAS, the Honorable Whitney M. Young, Jr., Executive Di rector of the National Urban League, passed away at the age of 49 after having spent his lifetime in building bridges between races and attempting to find new ways of improving the welfare of the peoples of the world; and
WHEREAS, a confidant of Presidents John F. Kennedy, Lyndon B. Johnson and Richard M. Nixon, the Honorable Whitney M. Young, Jr. urged his constructive appeals upon the great and not so great, the black, the white, the meek and the militant, with excellent results; and
WHEREAS, it is significant that his untimely death came at a time when he was in Black Africa, attempting to pave new and better roads for the developing countries of that Continent; and
WHEREAS, he blessed Atlanta and Georgia with his presence as Dean of the Atlanta University School of Social Work from 1954 to 1961, and as a fighter for justice and liberty; and
WHEREAS, the Honorable Whitney M. Young, Jr. was born in Lincoln Ridge, Kentucky, July 31, 1921, and he completed his under graduate studies at Kentucky State College in 1941, after which he en tered the Army during the Second World War and rose through the ranks to sergeant in the European Theater; and

FRIDAY, MARCH 12, 1971

3203

WHEREAS, he did graduate work at MIT and the University of Minnesota, and joined the Urban League in 1948 as industrial rela tions secretary of the St. Paul affiliate; and

WHEREAS, in 1950, he was named Executive Director of the Omaha Urban League, and taught at the University of Nebraska School of Social Work and Creighton University, where he reecived an Hon orary Doctor of Laws degree in 1964, and during the academic year, 1960-61, he was a visiting scholar at Harvard University; he has re ceived honorary doctorate degrees from several institutions, and was awarded the Outstanding Alumni Award from the University of Min nesota ; and

WHEREAS, he is survived by his wife, the former Margaret Buckner, and his two daughters, Marcia and Lauren; and

WHEREAS, his articles have appeared in a wide number of pro fessional journals and national magazines. The author of "To Be Equal", published by McGraw-Hill in August, 1964, his weekly column, under the same title, appears in seventy newspapers across the nation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its deepest and sincerest regrets at the passing of the Honorable Whitney M. Young, Jr., and further, expresses its most heartfelt condolences to his wife and daughters.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mrs. Whitney M. Young, Jr., and her two daughters.

HR 487. By Messrs. Smith of the 43rd and Murphy of the 19th:
A RESOLUTION
To amend HR 3; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that HR 3 is hereby amended by adding at the end of subsection 3. of Part III the following:
"For each day spent in his office the Clerk shall receive an ex pense allowance of $25.00."

HR 488. By Messrs. Mulherin of the 78th, McDonald of the 15th, Triplett of the 93rd, Adams of the 39th, Smith of the 80th and others:
A RESOLUTION
Commending all those persons who helped the Freshman House

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JOURNAL OF THE HOUSE,

Members during the 1971 regular session of the General Assembly; and for other purposes.

WHEREAS, the Freshman House Members have struggled to be come effective members of the House of Representatives; and

WHEREAS, they have been much confused and upon occasion and from time to time completely baffled by the operation of the Georgia legislative process; and

WHEREAS, they believe that if any man can keep his head while all about him is chaos and confusion then that man just sure as heck does not understand the situation at all; and

WHEREAS, there have been many people who have come to the aid of the Freshman House Members; and

WHEREAS, there have been many others who offered courtesy and assistance to the Freshman House Members in various and sundry ways.

NOW, THEREFORE, BE IT HIGHLY RESOLVED BY ALL THE FRESHMAN HOUSE MEMBERS that we commend and thank all the secretaries, staff members, interns, legal counsels, and all those other wonderful persons who have helped us try to find our way amid the con fusion of any House Member's first year.

BE IT FURTHER RESOLVED, that the Freshman House Members thank the Veteran House Members who have led us down all those prim rose paths.

HR 489. By Messrs. Gary of the 21st, Sorrells of the 24th, Russell of the 14th, Morgan of the 23rd and Lambert of the 25th:
A RESOLUTION
Commending Col. Zender Dean; and for other purposes.
WHEREAS, Col. Zender Dean has gained a national reputation as one of the most unusual guides in the tourist industry in the United States; and
WHEREAS, Col. Dean, who is a retired Air Force pilot and a native Atlantan, conducts visitors to the City of Atlanta and the State of Georgia on tours of the antebellum areas of Oxford, Covington and Madison; and
WHEREAS, his salt-and-pepper beard and restored Madison home make him seem like a traditional Southern colonel; and

FRIDAY, MARCH 12, 1971

3205

WHEREAS, he has displayed a tireless love of the stately ante bellum homes throughout Georgia; and

WHEREAS, it is only fitting and proper that he be recognized for his outstanding promotion of tourism in the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby recognize and com mend Col. Zender Dean for his tireless devotion to the promotion of tourism in the State of Georgia, and for his many contributions to the preservation of antebellum homes in 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 Col. Zender Dean.

HR 490. By Messrs. Battle of the 90th, Jones of the 87th, Ross of the 26th and Scarborough of the 81st:
A RESOLUTION
Urging the Governor of Georgia and the General Assembly of Geor gia to seek more efficient means of dispersing existing tax revenues, rather than seeking new or additional tax revenues; and for other pur poses.
WHEREAS, the people of Georgia bear a substantial tax burden at the present time; and
WHEREAS, the people of Georgia feel that the current tax rate is more than comparable to services received from the dispersement of the aforementioned tax revenue; and
WHEREAS, the State of Georgia loses tax revenue to neighboring states because of differences in tax rates on certain consumer goods; and
WHEREAS, the aforementioned revenue loss is plainly and visibly detrimental to the State of Georgia; and
WHEREAS, the Governor and General Assembly of the State of Georgia are charged to uphold the best interests of the citizens of Geor gia; and
WHEREAS, the Governor and General Assembly of the State of Georgia are responsible directly and unequivocably to the citizens of Georgia; and
WHEREAS, the Governor and the General Assembly of the State of Georgia have acknowledged the need for reorganization of the govern ment of Georgia for the purpose of obtaining more efficiency in govern ment.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby urge the Governor and the General Assembly to seek more efficient means of dis persing existing tax revenues, rather than seeking new or additional tax revenues.

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 Governor, the Lieutenant Governor and the Speaker of the House of Representatives.

HR 491. By Mr. Collier of the 54th:
A RESOLUTION
Recognizing and expressing appreciation to the sapient attorney, Paul S. Listen, upon his severance from the "Gold Dome"; and for other ' ' purposes.
WHEREAS, the knowledgeable and well-known legal counsel, Paul S. Listen, Assistant Legislative Counsel, has advised multitudes of legislators brilliantly and well for four legislative sessions; and
WHEREAS, through his unique quality of straightforwardness and his astute talent, he has penned eloquently but candidly more than 630 legislative measures during the 1970-71 legislative session; and
WHEREAS, Paul S. Liston is now severing himself from the marble halls of the Capitol and is venturing into the world to seek fame and honor as a practicing attorney; and
WHEREAS, his daily contributions to members of both Houses of the General Assembly have been irreplaceable during their present lawmaking session and will be sorely missed in future years.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its apprecia tion to Paul S. Liston for his magnanimous contribution to the legisla tive process, and further conveys to him every possible wish for his future success.
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 Attorney Paul Sperry Liston.

HR 493. By Messrs. Northcutt of the 21st, Murphy of the 19th and Smith of the 43rd:
A RESOLUTION
Commending Honorable Mac Barber; and for other purposes.

FRIDAY, MARCH 12, 1971

3207

WHEREAS, the Honorable Mac Barber served as a member of the General Assembly of Georgia from the 15th Representative District for eleven legislative terms; and

WHEREAS, Mr. Barber has served in the councils of government with candor and forthrightness; and

WHEREAS, Mr. Barber possesses a sound philosophy of govern ment and a progressive attitude toward life; and

WHEREAS, Mr. Barber is one of the most highly regarded and re spected members ever to serve in the General Assembly of Georgia; and

WHEREAS, Mr. Barber was known as the peoples' representative-- and rightly so--throughout his more than two distinguished decades of public service, always living up to the highest traditions of an outstand ing public servant; and

WHEREAS, the State YWCA of Georgia recently recognized his outstanding service to his followman.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Honorable Mac Barber for his outstanding and dedicated service to the people of the State of Georgia; for his many outstanding accomplishments and achievements; and for his concern for all, regardless of the socioeconomic factors.

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 Mac Barber.

SR 144. By Senators Rowan of the 8th, Kidd of the 25th, McGill of the 24th and others:
A RESOLUTION
Designating the new occupational therapy facility at Central State Hospital as the "Wilson Bryant Wilkes Building"; and for other pur poses.
WHEREAS, the late Wilson Bryant Wilkes served with distinction as a member of the House of Representatives for five terms and as a member of the Senate for one term; and
WHEREAS, during such service in the General Assembly he became an expert on fiscal and budgetary matters, so that he was appointed State Budget Officer and served in that capacity for over five years; and
WHEREAS, during his many years of public service he earned

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JOURNAL OF THE HOUSE,

signal recognition as a true friend of the mentally ill of Georgia through his constant efforts to improve patient care and environment at all of the State's mental health facilities; and

WHEREAS, he devoted a large portion of his time and energy to personally lead the campaign for the appropriation and application of State funds for the construction of the new occupational therapy fa cility at Central State Hospital.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in lasting tribute to an outstanding Georgian, Wilson Bryant Wilkes, the new occupational therapy facility at Central State Hospital is hereby designated as the "Wilson Bryant Wilkes Building".

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the State Board of Health and the Director of the State Department of Public Health.

SR 149. By Senator Walling of the 42nd:
A RESOLUTION
Creating the Atlanta Area Chattahoochee River Joint Study Com mittee; and for other purposes.
WHEREAS, the Chattahoochee River from Buford Dam to Peachtree Creek is recognized as a natural, cultural, recreation resource of major importance in the Georgia Heritage; and
WHEREAS, the historical development of American cities has gen erally ignored the natural riverway resources which provided beauty, character, quality and identity to the cities and their regions, with the result, they have been buried in concrete and steel; and
WHEREAS, the rapid growth of the Atlanta Metropolitan Region now faces a point in history where we shall either repeat this undesir able pattern of growth, or take appropriate measures to conserve the public interest in the irreplaceable resource of the Chattahoochee River; and
WHEREAS, the water quality of the river above Atlanta is now a high quality supply to one fourth of the citizens of Georgia; and
WHEREAS, 1500 and more individuals, composed of families, church groups, scouts and other good citizens now enjoy its recreative values on an average summer Sunday afternoon; and
WHEREAS, the State Interagency Council on Outdoor Recreation composed of a dozen State Departments have requested the Georgia Gen eral Assembly to establish appropriate legislation to conserve the water

FRIDAY, MARCH 12, 1971

3209

quality and to make this section of the Chattahoochee a Model River for Scenic and Recreational Values in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Atlanta Area Chattahoochee River Joint Study Committee to be composed of five members of the Senate, to be chosen by the President thereof, and five members of the House of Representatives, to be chosen by the Speaker thereof. The Chairman of the Committee shall be selected by the President of the Senate. The Committee shall make a systematic study of the need for legislation to regulate development along the por tion of the Chattahoochee River from Buford Dam downstream to Peachtree Creek and/or to preserve all or certain portions of this stretch of the Chattahoochee River and its environs, and shall consider the most desirable form that such legislation, if any, should take. Said Commit tee shall coordinate its work and studies with the State Planning Office, the State Game and Fish Commission, the State Parks Department, the Georgia Natural Areas Council, the Georgia Water Quality Control Board, the Georgia Recreation Commission, the planning commissions of the counties of Cobb, Forsyth, Fulton and Gwinnett, the Atlanta Region Metropolitan Planning Commission and such other State and Federal agencies which may be involved with this portion of the Chattahoochee River. Said Committee shall be authorized to consult with such in dividuals, organizations, associations, and officials, as it deems neces sary to effectively carry out its duties and responsibilities, and said Committee shall hold public hearings from time to time as appropriate for the purpose of ascertaining the opinions and needs of persons in the counties of Cobb, Forsyth, Fulton and Gwinnett. Said Committee is au thorized to request and receive assistance from any source.

BE IT FURTHER RESOLVED that each member of the Commit tee shall be authorized to receive the expenses and allowances provided by law for legislative members of interim committees, but they shall re ceive the same for not more than 15 days. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations to the regular 1972 Session of the General Assembly and shall stand abol ished as of the day the General Assembly convenes in the regular ses sion of 1972.

SR 160. By Senators Plunkett of the 30th and Webb of the llth:
A RESOLUTION
Commending the Honorable James S. Peters; and for other pur poses.
WHEREAS, the Honorable James S. Peters has served with un usual distinction as a member of the Georgia State Board of Education for the past 20 years and as its Chairman for the past 11 years; and
WHEREAS, he is a distinguished Georgian who has also made

3210

JOURNAL OF THE HOUSE,

outstanding contributions to the welfare of this State as a teacher, businessman, farmer, banker, member of both Houses of the Georgia General Assembly and Chairman of the State Democratic Executive Committee; and

WHEREAS, the Honorable James S. Peters, an influential figure on the Georgia scene for nearly half a century, has always shown a ready willingness to try that which is new, different or experimental in finding solutions to problems; and

WHEREAS, he has been a consistently forthright and outspoken champion of progress in public education in this State, and has coura geously confronted and dealt with some of the most controversial and po tentially explosive issues in public education in this State; and

WHEREAS, the Honorable James S. Peters has by his integrity and wisdom helped to establish a climate in which public education in this State can continue to progress for years to come.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body commends and congratu lates the Honorable James S. Peters for a lifetime of excellence in service to the citizens of this State.

BE IT FURTHER RESOLVED that the Secretary of the Senate transmit a copy of this Resolution to the Honorable James S. Peters, to Mrs. James S. Peters, to the Georgia State Board of Education, to the State Superintendent of Schools, and to Dr. James S. Peters, Jr.

The following Resolution of the Senate was read:
SR 199. By Senator Holloway of the 12th: A Resolution relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY that the Gen eral Assembly do adjourn sine die on Friday, March 12, 1971, at 6:00 o'clock p.m.

The following amendment was read and adopted:
Mr. Busbee of the 61st moves to amend SR 199 by changing the figures "6:00" to "6:30".

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

FRIDAY, MARCH 12, 1971

3211

Mr. Speaker:

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

HB 175. By Mr. Greer of the 95th:
A Bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the 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 pur poses.
HB 185. By Mr. Savage of the 104th:
A Bill 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 419. By Mr. Morgan of the 23rd:
A Bill 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 consolidate the offices of tax receiver and tax collector of New ton County into the office of Tax Commissioner; and for other purposes.

HB 471. By Mr. Grahl of the 40th:
A Bill to amend an Act creating a board of commissioners for Peach County, so as to provide that whenever a vacancy is created on the com mission, 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 684. By Mr. Bennett of the 71st:
A Bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said City; and for other purposes.

HB 695. 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 Col lege Park, so as to amend the city limit boundary along Washington Road; and for other purposes.

3212

JOURNAL OF THE HOUSE,

HB 714. By Messrs. Alexander of the 96th, Larsen of the 113th, Savage of the 104th, and others:
A Bill to amend an Act providing for tenure for teachers and other pro fessional personnel of public school systems of each city of this State, so as to change the time of notifying probationary 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 786. By Mr. Busbee of the 61st: A Bill 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 li cense plates" in lieu of "permanent license plates" in said Act; and for other purposes.
HB 810. By Mr. Matthews of the 63rd: A Bill to amend an Act creating the office of Tax Commissioner of Colquitt County, so as to change the compensation of the Tax Commis sioner; and for other purposes.
HB 936. By Mr. Gunter of the 6th: A Bill to amend an Act creating the Mountain Judicial Circuit, so as to change the term of court for Habersham County; and for other pur poses.
HB 942. By Messrs. Nunn and Moyer of the 41st: A Bill 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 996. By Messrs. Miles and Cheeks of the 78th and Dent of the 79th: A Bill to amend an Act providing for the continued 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 Rich mond County Department of Health in lieu of the President of the Coun ty Department of Education; and for other purposes.
HB 998. By Messrs. Kreeger and Burruss of the 117th: A Bill 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.
HB 1066. By Messrs. Leggett and Isenberg of the 67th: A Bill to amend the Charter of the City of Brunswick in Glynn County, so as to provide for a Board of Tax Appeals; and for other purposes.

FRIDAY, MARCH 12, 1971

3213

HB 1068. By Mr. Phillips of the 38th:
A Bill to repeal the present charter of the City of Talbottom; to provide a new charter for said City; and for other purposes.

HB 1070. By Messrs. Larsen and Chappell of the 42nd:
A Bill to amend an Act creating a new charter for the City of Dublin, so as to change the corporate limits of said city; and for other purposes.

HB 1071. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to amend an Act entitled "An Act to amend, revise and consoli date the several Acts granting corporate authority to the City of Americus," so as to change the bond provision relating to the clerk and treasurer; and for other purposes.

HB 1073. By Messrs. Dixon and Sweat of the 65th:
A Bill to consolidate the office of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County; and for other purposes.

HB 1075. By Messrs. Dixon and Sweat of the 65th:
A Bill to amend an Act placing certain officers of Ware County on a salary system in lieu of a fee system, so as to change the compensation of the Ordinary and the Tax Receiver of Ware County; and for other purposes.

HB 1076. By Mr. Ham of the 33rd: A Bill to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select up to and including two members of the Board from any militia district having a population of 1,000 persons or more; and for other purposes.
HB 1077. By Mr. Sorrells of the 24th: A Bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.
HB 1078. By Mr. Grantham of the 55th: A Bill to amend an Act creating the Board of Commissioners of Coffee County, so as to change the compensation of the commissioners; and for other purposes.

3214

JOURNAL OF THE HOUSE,

HB 1079. By Messrs. Brown and Melton of the 32nd:
A Bill to amend an Act creating a new charter for the Town of Brooks in the County of Fayette, so as to change the corporate limits of said Town; and for other purposes.

HB 1080. By Messrs. Snow, Hays and Clements of the 1st and Peters of the 2nd:
A Bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to change the corporate limits of said Town; and for other purposes.

HB 1082. By Mr. Colwell of the 5th:
A Bill to create water authorities for certain counties of this State (population not less than 4,000 or more than 4,575); and for other pur poses.

HB 1083. By Messrs. Dean and Murphy of the 19th:
A Bill to create a new charter for the City of Aragon; and for other purposes.

HB 1084. By Messrs. Dean and Murphy of the 19th:
A Bill to amend an Act placing the coroner of Polk County on a salary basis, so as to change the salary of the coroner of Polk County; and for other purposes.

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

HE 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 69-179. By Mr. Collier of the 54th:
A Resolution compensating Donald Franklin Norman, Sr.; 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.

FRIDAY, MARCH 12, 1971

3215

HE 141-425. By Mr. Morgan of the 23rd:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment, administration and maintenance of sewerage, water, sanitation, garbage collection, landfill and fire protection districts in Newton County; and for other purposes.

HR 181-578. By Mr. Colwell of the 5th:
A Resolution compensating M. C. Wicht, Sr., and for other purposes.
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.

HR 230-698. By Mr. Colwell of the 5th: A Resolution compensating Mr. Paul Hunsinger; and for other purposes.

HR 370-1062. By Mr. Dean of the 19th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the collection of ad valorem taxes in Polk County in two equal installments each year; and for other purposes.
HR 388-1084. By Messrs. Dean and Murphy of the 19th:
A Resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of Aragon who are 62 years old or older who have an income not exceeding $4,000 per annum shall be granted a homestead exemption from ad valorem taxation by said city; and for other purposes.
The Senate has agreed to the House Amendment to the Senate amendment to the following Bill of the House, to-wit:
HB 570. By Messrs. Brantley of the 114th, Lane of the 101st and Cook, Hawes, Felton, and Greer of the 95th:
A Bill to reincorporate the City of Roswell in the County of Fulton; and for other purposes.
The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:
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, as amended, 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.

3216

JOURNAL OF THE HOUSE,

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 308. By Senator Holloway of the 12th:
A Bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, as amended, so as to provide the circumstances under which certain persons may be issued a certificate of qualifica tion as a journeyman plumber without the necessity of standing the required examination; and for other purposes.

The Senate has agreed to the House substitute to 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; and for other purposes.

The Senate recedes from its amendment to the following Bill of the House, to-wit:

HB 402. By Messrs. Bostick, Matthews and Patten of the 63rd: A Bill creating and establishing the State Court of Tift County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

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 require the display of information relating to maximum ca pacity on watercraft; and for other purposes.

HB 586. By Mr. Carter of the 64th:
A Bill to amend an Act prescribing the terms of court of the superior court in each of the 5 counties comprising of the Alapaha Judicial Cir-

FRIDAY, MARCH 12, 1971

3217

cuit, so as to change the terms of court of the superior court in each of the five counties; and for other purposes.

HB 627. By Mr. Busbee of the 61st:
A Bill to amend an Act known as the "Apartment Ownership Act", so as to make the Act applicable to property which an owner or lessee sub mits to the provisions of the Act; and for other purposes.

HB 661. By Messrs. Rainey of the 47th and Dorminy of the 48th:
A Bill to provide for the creation of a Georgia System of Scenic Trails; and for other purposes.

HB 732. By Mr. Murphy of the 19th:
A Bill 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 804. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to amend Code Section 88-108, relating to the Department of Pub lic 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 pur poses.

HB 938. By Messrs. Hawes and Greer of the 95th:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic beverages and Liquors", relating to the sale of distilled spirits or alcoholic beverages; and for other purposes.

HB 997. By Messrs. Williams of the llth and Peters of the 2nd:
A Bill to amend an Act relating to safety material for certain glass installations, so as to provide that the Commissioner of Labor shall ad minister and enforce the provisions of said Act; and for other purposes.

HB 1000. By Mr. Conger of the 68th:
A Bill to authorize the Governor to transfer certain streambed and ad joining property adjacent to Colonels Island to the Georgia Ports Au thority; and for other purposes.

3218

JOURNAL OP THE HOUSE,

HB 1001. By Messrs. Russell of the 14th, Milford of the 12th, McDonald of the
15th and Mauldin of the 12th: A Bill 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.

HB 1025. By Messrs. Lowrey, Toles and Adams of the 9th:
A Bill to amend an Act creating a new charter and municipal govern ment for the City of Rome, so as to provide that the election of mem bers for the Board of Education be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.

HB 1026. By Mr. Wheeler of the 57th:
A Bill to amend an Act establishing the Bacon County-City of Alma Joint Planning Commission, so as to change the composition of the plan ning commission; and for other purposes.

HB 1027. By Mr. McDonald of the 15th:
A Bill to amend an Act establishing the City Court of Jefferson, so as to change the provisions relative to the salary of the judge and solicitor of said court; and for other purposes.

HB 1029. By Messrs. Tripp and Jessup of the 49th:
A Bill to amend an Act changing from the fee system to the salary system in the county of Dodge, so as to change the compensation allow able for the additional deputy sheriff; and for other purposes.

HB 1030. By Messrs. Tripp and Jessup of the 49th:
A Bill to amend an Act creating the Office of Commissioner of Roads and Revenues of Dodge County, so as to change the allowable compen sation of the Clerk of the Commissioner; and for other purposes.

HB 1031. By Messrs. Tripp and Jessup of the 49th:
A Bill to amend an Act changing the compensation of the Ordinary of Dodge County, from the fee and salary system to the salary system exclusively, so as to change the compensation allowable to the Clerk of the Ordinary; and for other purposes.

HB 1032. By Messrs. Tripp and Jessup of the 49th:
A Bill to amend an Act creating the Office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employees of the Tax Commissioner of Dodge County; and for other purposes.

FRIDAY, MARCH 12, 1971

3219

HB 1038. By Messrs. Dean and Mason of the 13th:
A Bill to establish a special taxing district comprising all the area with in Pinkneyville General Militia District No. 406 to be known as Gwinnett County Recreation District No. 1; and for other purposes.

HB 1039. By Messrs. Dean and Mason of the 13th:
A Bill to amend an Act creating the Gwinnett Judicial Circuit and pro viding for its powers, duties and jurisdiction and the officers thereof, so as to delete therefrom the provision relative to the duties of the judge of said circuit as judge of the Juvenile court of Gwinnett County; and for other purposes.

HB 1042. By Messrs. Mason and Dean of the 13th:
A Bill to create and establish an Airport Authority for Gwinnett Coun ty, and to authorize such Authority to acquire and maintain all such facilities, including real property; and for other purposes.
HB 1046. By Mr. Fraser of the 59th:
A Bill to amend an Act vesting in the tax commissioners of certain counties all the powers and duties of sheriffs relative to collection of all tax fi. fas., so as to change the counties to which said Act applies; and for other purposes.

HB 1051. By Messrs. Adams and Smith of the 39th:
A Bill to amend an Act creating a new Charter for the City of Zebulon, so as to increase the terms of the councilmen; and for other purposes.

HB 1052. By Messrs. Adams and Smith of the 39th:
A Bill to amend an Act abolishing the office of County Treasurer of Pike County, so as to provide that any state chartered bank having its principal place of business located in Pike County may serve as the county depository; and for other purposes.

HB 1010. By Mr. Hill of the 97th:
A Bill 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, public works and public health; and for other purposes.

HB 1015. By Messrs. Johnson and Phillips of the 29th: A Bill to authorize the governing authority of each county having a

3220

JOURNAL OF THE HOUSE,

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.

HB 1053. By Messrs. Adams and Smith of the 39th:
A Bill to create and establish a small claims court in Pike County, to prescribe the jurisdiction of said court; and for other purposes.

HB 1055. By Messrs. Black and Edwards of the 45th:
A Bill to amend an Act incorporating the Town of Preston in Webster County, so as to redefine the corporate limits of said town; and for other purposes.

HB 1056. By Messrs. Larsen and Chappell of the 42nd and Hadaway of the 27th:
A Bill to amend an Act providing a salary for the official court re porter of the Dublin Judicial Circuit, so as to change the provisions re lating to the compensation of said court reporter; and for other pur poses.

HB 1061. By Mr. Dean of the 19th:
A Bill to amend an Act creating a new charter for the City of Rockmart in the county of Polk, so as to provide that city taxes shall be come due and payable in two equal installments each year; and for other purposes.

HB 1062. By Mr. Dean of the 19th:
A Bill to amend an Act creating the Polk County Water Authority, so as to change the residence requirements necessary for membership; and for other purposes.

HB 1063. By Messrs. Murphy and Dean of the 19th:
A Bill to amend an Act incorporating the City of Buchanan, so as to change the provisions relating to the election of Mayor and Councilmen; and for other purposes.

HB 1065. By Messrs. Leggett and Isenberg of the 67th:
A Bill to amend an Act amending the charter of the City of Brunswick by redefining the corporate limits of said City; and for other purposes.

HB 1081. By Mr. Bray of the 31st: A Bill to amend an Act placing the sheriff, the clerk of the superior

FRIDAY, MARCH 12, 1971

3221

Court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to provide for a chief deputy sheriff; and for other purposes.

HB 417. By Mr. Morgan of the 23rd:
A Bill 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 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.

The Senate has adopted the following Resolution of the House, to-wit:

HR 287. By Messrs. Vaughn of the 74th, Collins of the 62nd and 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.

The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 875. By Mr. Bray of the 31st: A Bill 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.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:
HR 7-17. By Mr. Chandler of the 34th and others: A Resolution creating the Legislative Advisory Committee on Insur ance Problems; and for other purposes.
HR 126-331. By Mr. Dorminy of the 48th: A Resolution creating the Richard Brevard Russell Monument Commis sion; and for other purposes.

3222

JOURNAL OP THE HOUSE,

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 Pulton Citizens Committee; and for oth er 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 oth er 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 289. By Messrs. Gunter and Moore of the 6th: A Resolution urging the designation of the Chattooga River as a na tional wild and scenic river; 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 and others: A Resolution creating the Joint Bank Holding Company Study Commit tee; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bills of the House, to-wit:
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.
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 create a County Commission on Efficiency Traffic on Highways", so as to exempt certain vehicles from being equipped with parking brakes; and for other purposes.

FRIDAY, MARCH 12, 1971

3223

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 of Efficiency and Economy in Government in each county of this State; to provide for the membership, appointments, powers and duties of such Commis sion; and for other purposes.

The Senate has agreed to the House Substitute to the following Bill of the Senate, to-wit:

SB 289. 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 Public Assistance Act of 1965", so as to provide that hearings to final decisions by the Depart ment of Family and Children Services shall be conducted in accord ance with the applicable provisions of the Georgia Administrative Pro cedure Act; and for other purposes.

The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:

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, so as to change the man ner in which the Governor shall make appointments to the Board; 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, so as to authorize the Governor to declare banking holidays under certain emergency conditions; 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 to be paid from county funds; to provide for longevity increases; and for other purposes.

SB 280. By Senators Chapman of the 32nd, Fincher of the 51st, Stephens of the 36th and others:
A Bill to prohibit operation of all schools for training of clinical labora-

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JOURNAL OF THE HOUSE,

tory personnel unless licensed pursuant to this Act; to authorize the De partment of Public Health to issue licenses under certain circumstances; and for other purposes.

SB 230. By Senator Johnson of the 38th:
A Bill to amend Code Section 84-303, relating to the qualifications, age and character of applicants for registration as architects, so as to delete the requirements that an applicant be a citizen; and for other purposes.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

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; and for other purposes.

The Senate recedes from its disagreement to the House amendment to the following Bill of the Senate, to-wit:

SB 53. By Senator Holloway of the 12th :
A Bill relating to the salary, expenses and mileage of members and of ficials of the General Assembly, so as to change the designation of "Administrative Floor Leader of the Senate" to "Majority Leader of the Senate"; and for other purposes.

The Senate has agreed to the House amendment to the following Resolution of the Senate, to-wit:

SR 199. By Senator Holloway of the 12th: A Resolution relative to adjournment; 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 91. By Mr. Smith of the 43rd and others:
A Bill 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.

FRIDAY, MARCH 12, 1971

3225

The Senate has adopted the 2nd report of the Committee of Conference on the following Bill of the House, to-wit:

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 charter 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.

Pursuant to the provisions of SR 199, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

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The following interim committee reports were received:

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
********

REPORT OF THE AGRICULTURE RESEARCH STUDY COMMITTEE
********

THE COMMITTEE

Honorable Henry L. Reaves Representative, 71st District Chairman Honorable William J. Salem Representative, 51st District Honorable Marcus E. Collins Representative, 62nd District Honorable Bobby Wheeler Representative 57th District

Honorable Sidney Lowrey Representative, 9th District Honorable Henry P. Russell, Jr. Representative, 70th District Honorable Dorsey R. Matthews Representative, 63rd District Honorable J. Lucius Black Representative, 45th District Honorable Ted Hudson Representative, 48th District

February, 1971

INTRODUCTION

The Agriculture Research Study Committee was created by the Chairman of the Agriculture Committee of the House of Representatives pursuant to his gen eral authority. The Committee was formed for the purpose of investigating the currently available facilities and programs for research in the improvement of agriculture in the State of Georgia.

BACKGROUND

In conducting its investigation the Committee visited the research facilities at the University of Georgia in Athens and the Coastal Plains Experiment Sta tion at Tifton. The Committee discussed programs of agricultural research cur rently in operation and planned programs with the faculty and staff at both the University of Georgia and the Coastal Plains Experiment Station. The Committee also investigated the needs for new programs through discussions with many leaders in agribusiness. The Committee wishes to express its appreciation to the

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faculty and staff of the University of Georgia and the Coastal Plains Experiment Station and to the many interested citizens who assisted the Committee in con ducting its investigation.

FINDINGS AND RECOMMENDATIONS

University of Georgia
The Committee visited the dairy barns at the University of Georgia and found these facilities to he in a very deplorable condition. The Committee recom mends to the Board of Regents that the new Dairy Cattle Research Center, which has been in the planning stage since 1961, be implemented during the current year.
The Committee visited the Sam Farms and inspected plans for the new milking parlor, calf barns and other buildings for feed storage, as well as other farm improvements. The cost of implementing this Research Center is approxi mately $970,700. It is further estimated that at least 100 cows must be purchased as foundation animals. The Committee recommends that at least 25 cows of the four major dairy breeds be maintained for research so that all dairymen would benefit from this research. It is the understanding of the Committee that this project has been in the planning stage since 1961 but has been sidetracked each year for other projects. The Committee urges the Board of Regents to appropriate the necessary money and to give this project its top priority so as to complete this project during the current year.

Next, the Committee inspected the poultry operations and found that those in charge of these operations are doing excellent work with the poultry industry.
The Soil Analysis Laboratory was another facility which the Committee inspected. The members of the Committee are quite impressed with this facility and think that it is one of the best of its kind in the nation. The Committee dis agrees, however, with the charges currently being made to the farmer for the use of this facility, since soil analysis work has been done in the past at State expense, and the members of this Committee feel that the State should continue to provide the necessary funds for the operation of this facility.
The Committee observed that construction of a new beef cattle barn had just started. This facility is very much in need for show cattle and other research projects carried on by the University.
The swine research barn was found to be very inadequate for the type of research which is being conducted. The Committee understands that plans are underway to construct a new farrowing house and other needed buildings for this project. The Committee recommends that this project be given full con sideration and that work start immediately on the construction of this facility.
After a tour of the Agriculture Engineering Building on the campus of the University of Georgia the members of the Committee were very impressed with the research which is being conducted in all phases of agriculture.
Northwest Georgia Experiment Station
The Committee also inspected the facilities of the Northwest Georgia Ex-

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periment Station at Rome, Georgia. The Committee learned that a bull testing station has recently been started at the Northwest Georgia Experiment Station. Approximately 50 bulls are currently involved in the testing program. These bulls will be sold to farmers in the spring with complete records on such bulls. This project is a much needed one which will boost the cattle industry in this area of the State. The Committee recommends that funds be provided immediately for this project so as to complete the facility. Currently, the facility is equipped with only temporary pens. Paving will be done this spring when the weather permits, and the permanent pens may also be constructed at that time. A sales barn and other building will be needed as soon as possible.

The beef cattle research on cross-breeding which is being conducted at the station was found to be excellently conducted. Such research is of vital importance for the cattle industry in Georgia. Continuation of the dairy research at this Station is also recommended.

Coastal Plains Experiment Station
On Wednesday, December 16, 1970, the Agriculture Research Study Commit tee visited the Georgia Coastal Plains Experiment Station at Tifton, Georgia, to investigate the programs and needs of this unit of the College of Agriculture. The Committee met with the Director of the Coastal Plains Experiment Station and the Director of the Rural Development Center and discussed both the current and the proposed programs for agricultural improvement. The Committee was also conducted on a tour of the facilities by the department heads and staff members.
The Committee found that the problems of agriculture are manifold and that continued strong support of agricultural research is vitally important if problems in food production are to be solved. The Committee urges that con tinued strong support of agricultural research be given. A good example of what happens when research efforts are neglected is the current corn blight problem. Support is needed to the extent that research on new ideas and concepts can be aggressively conducted and that research data and information can be fur nished to farmers and producers as quickly as possible.

In touring the facilities at the Coastal Plains Experiment Station the Com mittee observed inadequate facilities, especially in several research areas. Certain facilities are in need of renovation, and, in some cases, certain facilities need to be replaced so that producers, when visiting the Georgia Coastal Plans Ex periment Station, can obtain worthwhile ideas for their management programs. Additional good research land is needed to offset land which is being diverted to the Rural Development Center and the Georgia Agrirama, as well as to meet the needs of an expanding research program.

Observations made at the Station and questions asked of the Director and a number of staff members indicate that the greater needs of the Georgia Coastal Plains Experiment Station, with their approximate anticipated cost, are as follows:

(1) Office and Laboratory Building No. "L
This is the oldest office and laboratory building at the Station, having been constructed in 1922. Apparently, there has been little or no renovation work undertaken since this facility was constructed, and, complete renovation is

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critically needed. This building consists of 29 offices, six laboratories, and other additional service space. It consists of approximately 8,900 net square feet of space. It is estimated that the cost of renovation of this building will be up to _.......^^..^-..._-^^-..^^---.-^---^---^------^---^----^--- $175,000.

(2) Office and Laboratory Building No. 2
This is the second oldest office and laboratory building at the Station, having been constructed about 1937. Funds have been unavailable for needed renovation and adequate maintenance repairs. It is estimated that renovation of this build ing will cost up to ______._-__,, --- -_-----------__---- $160,000.

(3) Plant Pathology Office and Laboratory
The Plant Pathology Department, consisting of six State professional re search staff members and five Federal professional research members, along with technicians and secretaries, is largely crowded into the Horticulture Build ing which was constructed about eight years ago. Because of the overcrowded conditions, one of the State staff members and one of the Federal staff members are located in other buildings. Not only is the pathology research staff so crowded that satisfactory work is not always possible, but unnecessary crowding of the Horticulture staff, which shares the same building, also results from this lack of adequate facilities. The logical solution to this problem is the construction of a Pathology Research Building, which would improve the situation for both departments. This building should consist of approximately 10,000 square feet of floor space at an estimated cost of up to __------_----__,,--------_,,_,, $400,000.

(4) Dairy Research Facility
The dairy research programs at the Coastal Plains Experiment Station are conducted in badly outmoded and inadequate buildings. It is recommended that the dairy facility be essentially replaced with a necessary milking parlor, loafing barns, calf barns, a waste handling lagoon and that at least two of the old silos be replaced. New fencing is also required in some areas. The Committee finds that all of the dairy equipment is old and worn and needs to be replaced. The Committee did find, however, that the dairy herd at the Station is in excellent condition. We were informed that it is one of the best herds in the nation, and the Committee strongly urges that this herd in no way be reduced or unneces sarily altered. The Committee is also of the opinion that more research is needed at the Tifton Station on quality milk and milk products. We recommend that funds be provided to carry out these recommendations. The estimated cost is ----_------------_-_-_--------_...._____---_,,_---.__--,,--_,,_--_____ $150,000.

(5) Beef Cattle Facility
This facility is to be used for evaluation and demonstration of cattle feeding and management systems. It is to consist of necessary feed storage, feed prepara tion facilities, feeding lots, necessary lagoons, and rearrangement of fences and roads for pasture development. Some of these facilities are currently in the process of being completed, and the Committee feels that these facilities are very desperately needed. The total estimated cost of this facility is -----__,, $450,000.

(6) Swine Research and Feeding Facility
This facility will consist of building feed handling facilities, pens and neces sary lagoons. The Committee finds that the current swine facilities are inadequate

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to the extent that proper research cannot be conducted. It is our understanding that this project has now been started, and it is the feeling of the Committee that this is one of the most important projects in progress at the Station. The estimated cost is ._....-..-_,,.,,......_-_.-......-_._..-.__-._......-__.__....--_...__--_______.--_ $175,000.

(7) Catfish Research Facility
The Committee inspected the well which has been completed for catfish research facilities and the work which has been started on the pond. The pond should be completed and two raceways and a moat should be constructed and provision of other necessary facilities should be made immediately so that this project can begin functioning this spring. Estimated additional funds for these capital outlay items are ---_,,_,,-,,---,,-----_.,,---_.._--_,,-----____.------,,----_ $70,000.

(8) Research Land
Since the greater portion of the Coastal Plains Experiment Station's re search program deals directly with farm related problems, the Station maintains the largest acreage of the research plots of any of the Stations. The recent pro gram to establish the Rural Development Center and the current plans to develop the Georgia Agrirama are removing considerable plot land for agricultural re search uses. Considering the already short supply of satisfactory plot land and these recent losses, it seems imperative that additional plot land be secured. The Director and his staff are currently examining a piece of farm property, valued at approximately $200,000, which contains approximately 125 acres of good plot land and approximately 50 additional acres of acceptable to fair plot land. To establish this farm as a good research unit would require the addition of certain buildings, irrigation facilities, some land leveling and other improve ments, which would cost approximately $75,000. Thus, the estimated cost of the land and needed improvements is ______,,_____.__..______________________.___________..__________ $275,000.

(9) Physical Plant Storage and Workshop Building
Several small areas located in different buildings provide the area in which general plant maintenance work and the storage facilities for supplies of various kinds are located, under very crowded conditions. These crowded conditions lead to difficulties in inventory control, and inefficiency in storage and handling of necessary supplies for operation of the Station. It is recommended that plant, maintenance work and storage facilities be centered in a new building, constructed for this purpose, to consist of approximately 6,000 net square feet of space. The estimated cost of this facility is _-....-.-__,,,,....____-...____,,.-..__._.___...___ $75,000.

(10) Other Needs
Other needs expressed by the Director and a number of staff members in clude adequate financial support for operating supplies of various kinds. This included research supplies for the several departments, as well as supplies for building and grounds maintenance. Supply funds in recent years have not in creased as rapidly as has the cost of materials, and, with some expansion in the research program, critical supply programs exist. Increased funds for operating supplies should be made to the extent of at least ......___....,,.___....._.___....___._....... $50,000.

The Committee also observed several problem areas relating to adequate technical assistance to research staff. Desirable increases for the addition of technical support for the overall research program is at least---------- $100,000.

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The items mentioned above appear to be the most obvious and pressing needs of the Coastal Plains Experiment Station. There are, however, a number of other items, in addition to those listed above, which should be examined and implemented in order to bring the work of this Station up to its full potential.

After investigation, the Committee found that a little over $80,000 in State funds is being spent at the Coastal Plains Experiment Station on research for flue cured tobacco. The Committee found that in excess of $40,000 was being spent on research on shade tobacco. Since there are less than 500 acres of shade tobacco and over 50,000 acres of flue-cured tobacco, the Committee recommends that this $40,000 be spent on research on flue-cured tobacco. The Committee further recommends that, if at all possible, the amount of funds currently being spent on tobacco research be increased so as to provide research assistance to this very important area of the agricultural economy of this State.

CONCLUSION

In summary, the Committee found that, as far as qualified personnel are concerned, the State of Georgia is fortunate to have among the best qualified personnel available, but, at both the University of Georgia and the Coastal Plains Experiment Station, these personnel do not have adequate and up-to-date equipment sufficient and necessary to do the job which the agricultural industry of this State now demands. As an example of this it may be noted that, with the currently available laboratory and physical facilities, very little research could be done on the present corn blight problem, which has cost the industry such a vast amount of money during 1970. In conclusion, the Committee urges that the needed laboratory and physical facilities be made available immediately in order to bring the agricultural research programs of the State of Georgia up to their full potential.
Respectfully submitted,

/s/ Henry L. Reaves Honorable Henry L. Reaves Representative, 71st District Chairman

/s/ J. Lucius Black Honorable J. Lucius Black Representative, 45th District

/s/ William J. Salem Honorable William J. Salem Representative, 51st District

/s/ Bobby Wheeler Honorable Bobby Wheeler Representative, 57th District

/s/ Marcus E. Collins Honorable Marcus E. Collins Representative, 62nd District

/s/ Sidney Lowrey Honorable Sidney Lowrey Representative, 9th District

/s/ Henry P. Russell, Jr. Honorable Henry P. Russell, Jr. Representative, 70th District

/s/ Ted Hudson Honorable Ted Hudson Representative, 48th District

/s/ Dorsey R. Matthews Honorable Dorsey R. Matthews Representative, 63rd District

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THE GENERAL ASSEMBLY State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
******
REPORT OF THE CENTRAL ACCOUNTING OFFICE STUDY COMMITTEE
(House Resolution No. 999)

THE COMMITTEE

Honorable William S. Lee Representative, 61st District Chairman Honorable James E. Dean Representative, 76th District Honorable Sam A. Nunn, Jr.
Representative, 41st District

Honorable Homer Scarborough, Jr. Representative, 81st District Honorable Burton M. Wamble Representative, 69th District Honorable Colquitt H. Odom Representative, 61st District

March, 1971

REPORT OF THE CENTRAL ACCOUNTING OFFICE STUDY COMMITTEE

SECTION I
BACKGROUND OF THE COMMITTEE
The Central Accounting Office Study Committee was created during the 1970 Session of the General Assembly by House Resolution 999. The Committee was charged with the responsibility of making a "thorough and exhaustive study into the advisability of creating a legislative capability similar to Congressional Capability generated by the General Accounting Office" (G.A.O.) of the United States Government.

The Committee recognized from its inception that the Georgia Legislature lacked an independent review of the efficiency and effectiveness of public ex penditures, particularly the expenditures of the Executive Departments of State government. Members of the Committee expressed the frustration of many members of the Georgia General Assembly in that any investigation of Executive expenditures by the Legislative Branch must rely almost exclusively on informa tion furnished by the Executive Branches, i.e., on the agencies being investigated. The Committee generally felt that the Legislative Branch of government, in

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order to perform its proper duties, needs some agency or group under its control to determine the economy, efficiency and effectiveness of Executive expenditures.

The Committee was not concerned with the "fiscal audit" of expenditures John Emory, all of the General Accounting Office, Washington, D. C. The Com mittee was concerned with what might be termed the "performance audit" con cerning efficiency, economy and effectiveness of expenditures. An understanding of the distinction between the "fiscal audit" and the "performance audit" is essential to a proper understanding of this report. In brief, the fiscal audit shows whether appropriated funds have been propertly accounted for and legally ex pended but does not show whether the same funds were effectively expended with efficiency and economy.

During the course of its investigations, the Committee met with Ernest Davis, State Auditor; Battle Hall, State Budget Officer; Oliver Welch, State Planning Officer; Jack Ray, State Treasurer; Bill Burson, State Treasurer Elect; James Bentley, Comptroller-General; Clayton Turner, State Purchasing Agent; and several other employees of various State agencies. In addition, the Committee met with Fred Thompson, Mort Dittenhofer, Milton Socolar, and John Emory, all of the General Accounting Office, Washington, D. C. The Com mittee also conferred with Congressman Maston O'Neal, Second Congressional District of the State of Georgia, in Washington, D. C.

SECTION II U. S. GENERAL ACCOUNTING OFFICE

The G.A.O. is headed by the Comptroller-General of the United States who is appointed to a fifteen (15) year term and who is not subject to reappointment. The reason for the lengthy term and the prohibition against reappointment is to insulate the Comptroller-General from political interference in carrying out his duties and to assure his independence.

The G.A.O. is required by statute to respond to Congress or to any com mittee of Congress. As a matter of policy, it also responds to requests from in dividual Congressmen but attempts to avoid unreasonable requests through frank discussions with the requesting Congressman. The G.A.O. also assigns personnel to congressional committees conducting investigations. The salaries of such personnel are paid out of the G.A.O. appropriations, but the personnel are subject to the direction of the committee for the particular inquiry.

The G.A.O. officials strongly recommend the creation of a performance audit ing capability in the State of Georgia. They noted that some twenty-five to thirty states have implemented this type audit, and they stressed that performance auditing and fiscal auditing complement each other and are normally housed in the same department of the State government.

The G.A.O. officials pointed out a recent example of the performance audit by the G.A.O. The United States established a program to bring girls from the country of India to train them as nurses so that they might return to India and fill a vacuum that existed in this field in India. The G.A.O. made a thorough study of this aid program and determined that the funds were being expended legally and that the training program was being carried out with efficiency and economy. Further investigation revealed, however, that most of the nurses trained

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were remaining in the United States after receiving the training rather than returning to India in accordance with legislative intent. The G.A.O. officials pointed out that this was a good example of executive expenditures that were: (1).legal; (2) economical; (3) efficient; but, (4) total ineffective. They further noted that fiscal audit procedures alone would not have disclosed the ineffective ness of this particular program.

Thei G.A.O. officials emphatically pointed out that certain basic principles have to, be met in order to develop and maintain a sound performance audit operation. These principles are as follows:

1. The performance auditing function must be insulated from undue political influence or interference from both the Executive and the Legislative Branches of government. The Auditor's Office must not only be nonpolitical but must also be nonpartisan. The function should be housed with the State Auditor in Georgia and,the Auditor should be appointed for either a six-year term or an eight-year term subject to reappointment for one additional term, to assure his independence. (The State Auditor in Georgia can only be removed by a joint resolution of the House and Senate, and the Committee feels that this removal procedure ade quately insulates his position and assures his independence.)

2. Neither the State Auditor nor any of his employees should serve on any boards, authorities, bureaus, or agencies of State government. They noted that many states, including Georgia, appoint the State Auditor to various boards and authorities. Under such circumstances, the audit function is clouded by the membership of the auditor on boards or authorities over which he has audit responsibilities.

' 3. The personnel involved in the performance audit function should have audit and investigative experience and management knowledge.

SECTION III
PRESENT STATUS OF GEORGIA AUDITING FUNCTION
Mr. Ernest Davis, State Auditor, advised the Committee that he is satisfied with audit procedures and operations in the areas of accountability of expendi tures and compliance with legal requirements. He said, however, that there is virtually no performance auditing dealing with efficiency of operation in regard to expenditures. He was of the opinion that he could develop a good program in this area with the addition of six auditors to his staff at an annual cost of from $100,000 to $125,000. Mr. Davis stated that he felt no responsibility to anyone except the General Assembly and that he believes his office is adequately insulated from political influence so as to develop this capability. He agreed that the Legislature has the responsibility to inform itself of the efficiency and effective ness of expenditures and to take the proper legislative action based on this information.
Battle Hall, State Budget Officer, informed the Committee that his depart ment is divided into two divisions: (1) the budget analyst section, and (2) the business management section. He said it is the function of the business manage ment section to examine procedures of the various executive departments and make recommendations to such departments as to methods of improving pro cedures in order to conserve expenditures and provide greater' efficiency. He

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noted that this section does not force itself upon an executive, department; but does try to encourage all departments to use these services. He noted that this section is now being well received and was of the opinion that its usefulness will
be accelerated in the future.

Jack Ray, State Treasurer, advised that his office is concerned with the legality of appropriations and expenditures and has no responsibilities in the area of efficiency of expenditures. He issues checks directly for judicial and legislative expenditures, but all other State departments and agencies draw funds on warrants from the State Treasurer, establish their own bank accounts, and issue checks on their own accounts.

SECTION IV SPECIFIC AREAS OP STATE GOVERNMENT INVESTIGATED

In an effort to establish whether or not there are areas in State government where savings might be effected through the performance audit, the Committee selected three areas for preliminary inquiry. These three areas were: (1) State money management; (2) State purchasing procedures; and (3) central account ing. These areas were not investigated in detail, but were investigated to a sufficient extent to satisfy the Committee that tremendous savings could be ; accomplished in each, and in numerous other areas of government.

A. State Money Management: There are several State agencies that receive and collect funds for remittance to the State Treasurer, the principal such agency being the Revenue Department. Under the law, a collecting agency must remit funds to the State Treasurer no later than the fifteenth day of the month following the month in which the funds were collected. This method, in effect, allows the collecting agency to hold funds in an idle status for periods ranging from fifteen (15) to forty-five (45) days. After the State Treasurer receives the funds from the collecting agency, the funds might remain idle for varied periods of time depending upon what the Treasurer decides to do with the funds. The funds remain in control of the Treasurer until withdrawn by proper warrant by an operating agency of the State in accordance with such agency appropria tion.

After the funds are withdrawn by an operating agency, the funds might

again remain idle for another week or ten days.

:

It is thus observed that the State funds are handled at three levels: (1) Collecting agency; (2) State Treasurer; and (3) Operating agency. Each of the three levels selects its own bank depositories which means that the same money generally finds its way into at least three banks. This also means that the various banks of the State have three levels of influence for State deposits.

The State Treasurer's Office is the level at which State funds can be placed in an investment program producing interest income. Policies, procedures and coordination in the handling of funds at all three levels determine the amount of income that will be earned from the funds by the State of Georgia.
The Committee found that the following undesirable practices have occurred in the past in the management of State funds:

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1. Revenue receipts not timely deposited by collecting agency.

2. Revenue receipts not timely transmitted to the State Treasurer by collect ing agency.

3. Deposits not timely made by State Treasurer.

4. Unnecessary transferring of funds between demand banks. 5. Too small a proportion of State funds in interest bearing accounts.

6. Unnecessary idle balances in operating agency accounts.

7. The use of State funds to "window dress" favored banks.
It is noted that the State handles many millions of dollars each month and that only a few days delay in getting such large sums into interest bearing accounts can cost the State thousands of dollars in interest. The Committee believes that a "sound funds management program" embracing all three levels could have increased the State's interest income by at least $5,600,000 during fiscal 1970. In this regard, Mr. John Blackmon, State Revenue Commissioner, recently analyzed the depositing and remitting procedures of his department. As a result of his analysis, he established a policy of remitting weekly to the State Treasurer, rather than monthly as required by law. He advised the Com mittee that this simple innovation could increase the State earned interest income by as much as ($4,000,000) four million dollars per year. In addition, the Com mittee determined that both the State Treasurer and the State Budget Officer have recently made vast improvements in their levels of money management. Mr. Blackmon, Mr. Ray and Mr. Hall all have the commendation of the Committee. Mr. Bill Burson, the present State Treasurer, advises the Committee of his desire to make further improvements and the Committee welcomes any change which will improve the management of the taxpayer's money.

B. State Purchasing Procedures: Clayton Turner, State Purchasing Agent, advised that the State purchasing laws were passed in 1939 and have undergone very little change. Mr. Turner suggested several simple innovations that he believes would save considerable sums on purchases. His examples are as follows:

1. The State buys from three hundred to five hundred pickup trucks per year. Each agency submits its own specifications for the trucks it desires. Standard specifications could be prepared for all the State pickup trucks, so that trucks could be purchased on one mass purchase order rather than indi vidual purchase orders from various departments. In this regard, he noted that the Revenue Department and the Department of Public Safety pooled their automobile purchases and one mass purchase had a savings of $300 per car.

2. Standard specifications should also be established for such items as chairs, desks, and many other similar items so that a year's supply for all agencies might be purchased at one time on a "pooled basis". The sellers would warehouse the merchandise and it could be drawn out by the agencies as needed.

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Standardizing of pens, pads and related equipment could be purchased and warehoused in the same manner.

3. The State Purchasing Agent should be given some authority to control the quality of purchases. An extreme example of what could happen under the current law is that some department could order a gold inlaid desk. The purchas ing agent would then have to purchase a gold inlaid desk as he has no control over the quality of purchases.

C. Central Accounting:
Each of the agencies and departments of State Government has its own ac counting function and keeps its own books. Each of the agency heads is re sponsible for this accounting and spends numerous hours in reviewing strictly administrative detail. The Bureau of Budget directives must be followed by each agency and any change in the Bureau of Budget procedures requires hours of time by the agency head in changing the particular functions of his accounting division. This effort is duplicated in each agency within the State. Many of the smaller agencies have a very difficult time with the accounting function and this in effect occupies much administrative time. Much of the accounting knowledge made available to larger departments of State government is not accessible to a smaller agency head.

The use of computers has also become fragmented in State government. Some agencies have computers but do not use them enough hours per day to justify the cost. Other agencies have insufficient computer capabilities. Some of the small agencies could make adequate use of computers if a good central computer system were available. A sound central accounting and computer system could also effectively utilize the money management flow which has been previously discussed.

The Committee believes that the establishment of a central accounting system in State government to serve all State agencies, except perhaps the extremely large agencies, would result in a vast improvement of the administra tive ability of State government.

SECTION V
CONCLUSIONS AND RECOMMENDATIONS
The responsibility of the General Assembly to appropriate the taxpayer's funds gives use to an equally important responsibility of assuring that the funds appropriated are expended efficiently and effectively. The Legislative Budget Officer, the State Budget Officer and the State Auditor render valuable assis tance in the appropriating responsibility of the General Assembly, However, the second responsibility of overseeing expenditures in the broad spectrum of effi ciency and effectiveness leaves much to be desired.
The narrow concept of appropriating, coupled with a fiscal audit, no longer serves the need of legislators who appropriate in excess of one billion dollars per

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year. Simple fiscal responsibility requires the immediate implementation of the performance audit function.

Such a function would provide a feedback of information to the legislature on which an independent evaluation of expenditures and programs could be made. It would afford the legislature the necessary information to determine whether the intent of the legislature in various programs is being carried out. It would provide the legislature with a combination audit-investigative team to insure that the public is receiving a dollar's worth of service for each dollar expended.
The Committee recommends the following:
1. That a performance audit section be established in the office of the State Auditor to review the efficiency and effectiveness of State operations and expenditures.

2. That the State Auditor be removed from membership on all boards, bureaus, authorities and agencies of State government.

3. That a joint legislative audit committee composed of members of the House and Senate be established to coordinate the work of the Auditor and to establish and enforce policies designed to insulate the Auditor from unprofes sional pressures or influences.

; 4. That a standing or interim committee of the House be charged with the responsibility of performing an independent study and possible rewriting of the State purchasing laws and policies.

5. That all agencies handling State funds immediately undertake a program of coordination of their efforts in regard to deposits and disbursements so as to: (1) eliminate unnecessary lingering of funds in demand bank accounts; and (2) improve procedures for deposits of revenue receipts.

6. That the Governor of the State of Georgia, in conjunction with his reorganization of State government program, investigate and consider the feasibility of establishing a system of centralized accounting and computer usage for the various State agencies.

Respectfully submitted,

/s/ William S. Lee William S. Lee, Chairman Representative, 61st District

/s/ Homer Scarborough, Jr. Homer Scarborough, Jr. Representative, 81st District

/s/ James E. Dean James E. Dean Representative, 76th District

/s/ Burton M. Wamble Burton M. Wamble Representative, 69th Distrcit

/s/ Sam A. Nunn, Jr. Sam A. Nunn, Jr. Representative, 41st District

/s/ Colquitt H. Odom Colquitt H. Odom Representative, 61st District

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3239

HOUSE OF REPRESENTATIVES Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS;

******

:.-., )..,

REPORT OF THE

, ' ' .!

CENTRAL PRINTING AGENCY STUDY COMMITTEE

******

THE COMMITTEE

,

!: :

Honorable Thomas B. Murphy Representative, 19th District Chairman
Honorable George D. Busbee Representative, 61st District

Honorable Marcus E. Collins Representative, 62nd District
. Honorable James H. Floyd Representative, 7th District ':''
Honorable James W. Paris Representative, 14th District ! :

January, 1971

INTRODUCTION

The Committee was created by the Speaker of the House pursuant t6 the authority vested in him under the provisions of House Resolution No. 850, 1970 Session. The Committee was created to determine the economic feasibility of establishing a Central Printing Agency charged with the responsibility of printing and distributing all materials for the various departments and agencies of State Government. The Committee heard testimony from several State officials' and the members of the Committee also visited print shops on Capitol Hill and several print shops which are located outside Atlanta. The managers of these shops supplied the Committee with valuable information, and their cooperation and assistance is acknowledged and appreciated.

Shortly after the Committee organized, the Xerox Corporation offered to assist the Committee in its study. Xerox agreed, on behalf of the Committee, to conduct a comprehensive study of all copying/duplicating locations on Ca'pitol Hill in an effort to determine the most efficient method for the State of Georgia to satisfy its copying and duplicating requirements. The cost of the study was borne solely by the Xerox Corporation at no expense or obligation1 to the State of Georgia. The Committee is indeed appreciative to the Xerox Corporation for offering this service to the State of Georgia, and the Committee would like to commend all of the members of the Xerox team who participated in this project.

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FINDINGS

The Xerox study was started around September 1, and a final report was presented to the Committee on December 22. The study involved 98 copiers and 78 duplicators located in 42 State agencies on Capitol Hill. All units were logged for a two-week period--the last two weeks in September. The Xerox team also visited each printing location and interviewed the Print Shop Manager and other
personnel. According to the Xerox report, the total cost for graphic reproduction in the agencies is $111,053 per month or $1,332,636 per year. The Xerox report indicates that the total cost of copying/duplicating can be reduced by a minimum of $74,235 annually. While this figure is comparatively small, the members of the Committee believe that other recommendations can be implemented which will save even more money, i.e., bulk buying of paper. The Xerox report pin pointed only identifiable savings such as manpower, space and surplus equipment.

There are three reproduction systems available to the State of Georgia. 1. Complete decentralization 2. Total centralization 3. Partial decentralization

The State of Georgia is currently utilizing the complete decentralization system. There are presently 22 print shops located on Capitol Hill. Xerox recommends that the State of Georgia consolidate its 22 print shops into 14 print shops. The State will realize several advantages if this recommendation is implemented.
1. It will reduce total print shop costs by $74,235 per year.
2. There will be an immediate improved utilization of equipment and man power.
3. Surplus equipment will be created which can be sold immediately or retained for future requirements, thus precluding future capital outlay.
4. Better duplicating services can be provided for all State agencies.
5. Duplication of manpower and equipment can be eliminated.

If the recommendations contained in the Xerox report are fully imple mented, the following equipment will become surplus.

Printing Equipment 2 AM 705 Platemakers 2 AM 1250 Offset Presses 3 AB Dick 320 Offset Presses 1 AB Dick 321 Offset Press 1 AB Dick 360 Offset Press 1 AB Dick 550 Mimeograph 1 AB Dick 525 E Mimeograph

Finishing Equipment 2 Folding Machines 3 10 Bin Collators 1 Drill

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Several members of the Committee visited the print shop at the State Prison in Reidsville. The prison print shop is currently operating at less than 50 percent of its production capacity. The Print Shop Manager, who is a printer by trade employed by the prison, stated to the members of the Committee that he could handle approximately twice as much work as he is presently receiving from State departments and agencies.

The Committee members who visited Reidsville also visited the University of Georgia Print Shop in Athens. This modern print shop is operated in conjunc tion with the School of Journalism at the University, and it is capable of pro ducing multicolor printing. However, to the dismay of the members of the Com mittee who visited the University Print Shop, it was discovered that according to a regulation or procedure in the Administrative Policies and Procedures Manual relating to purchasing procedures, dated July 1, 1968, the University Printing Department may not print a variety of items such as letterheads and envelopes estimated to cost less than $300. According to the purchasing pro cedures, all of these items must be obtained from commercial sources.

The Committee reviewed the December, 1970, report of the Control of Official Publications Study Committee, and the members of this Committee con cur with the findings and recommendations contained in their Committee report.

RECOMMENDATIONS
Based on its findings and deliberations, the Committee urges the adoption of the following recommendations.

1. That the attached bill (see Appendix "A") be enacted. This bill will give the Budget Bureau the authority to implement the recommendations contained in the Xerox report, and the Committee urges rapid implementation of all of the Xerox recommendations. The Committee also recommends that as much long-range printing as possible be farmed out to the prison print shop at Reidsville.

2. That the surplus equipment listed in the Xerox report be transferred to the print shop at the State Prison in Reidsville.

3. That a vocational education program be established for inmates at Reidsville to teach them the printing trade.

4. That the Governor, through function transfers, strive to utilize the print ing facilities at Reidsville and the print shop at the University of Georgia in Athens.

5. That the University Procurement Department at the University of Geor gia in Athens rescind its regulation prohibiting the University Print Shop from printing certain jobs estimated to cost less than $300.

6. That the bill proposed by the Control of Official Publications Study Com mittee providing for a system of officially designated Georgia Government Docu ments be enacted. This bill will encourage efficiency, economy and usefulness in the publication, compilation, distribution and preservation of the written ma terials defined as government documents.

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7. That a new committee be created by the Speaker of the House of Repre sentatives to continue this study. The Xerox report was only Phase I of an overall study of print shop locations in the State of Georgia. Phase II will include all print shop locations outside the Capitol Hill area, and there are several locations which should be studied on an exception basis, such as the printing operations of the House of Representatives and the State Senate.
Respectfully submitted,

/s/ Thomas B. Murphy Thomas B. Murphy, Chairman Representative, 19th District
/s/ George D. Busbee George D. Busbee Representative, 61st District

/g/ Marcus E. Collins Marcus E. Collins Representative, 62nd District
/a/ James H. Floyd James H. Floyd Representative, 7th District
/s/ James W. Paris James W. Paris Representative, 14th District

Appendix "A"
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; to authorize the Budget Bureau to conduct studies and to employ consultants to conduct studies; to authorize the Budget Bureau to pro mulgate rules and regulations relating to the establishment, maintenance and operation of State owned and operated print shops; to provide that the Budget Bureau shall publish specific directives and establish priorities for departments, bureaus, boards, institutions, commissions, offices and other agencies which are not authorized to maintain and operate print shops; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Effective January 1, 1972, no department, bureau, board, in stitution, commission, office or other agency of the Executive Branch of State Government shall maintain or operate a print shop without the prior written approval of the Budget Bureau.
Section 2. The Budget Bureau is hereby authorized to conduct studies and to employ consultants to conduct studies to determine more economical and ef ficient reproduction methods and to implement any recommendations which may result from such studies and to promulgate rules and regulations relating to the establishment, maintenance and operation of State owned and operated print shops.
Section 3. The Budget Bureau shall publish specific directives and estab lish priorities whereby departments, bureaus, boards, institutions, commissions, offices and other agencies which are not authorized to maintain and operate print shops may fulfill their in-house duplicating requirements.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

THE GENERAL ASSEMBLY State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
********
REPORT OF THE
CONTROL OF OFFICIAL PUBLICATIONS STUDY COMMITTEE

THE COMMITTEE

Honorable Mobley Howell Representative, 60th District Chairman Honorable Earl T. Davis Representative, 86th District Honorable R. A. Dent Representative, 79th District

Honorable R. A. Griffin Representative, 68th District Honorable William J. Lee Representative, 21st District Honorable Sidney Lowrey Representative, 9th District Honorable Howard Simmons
Representative, 4th District

INTRODUCTION

The Committee was created by the Speaker of the House of Representatives pursuant to his authority under House Resolution No. 3, 1969 session.

The Committee was created for two main purposes: (1) To make a study of the distribution of official State publications and make recommendations rela tive to the improvement of such distribution, and (2) to examine the cost of official publications, with particular reference to those publications charged against legislative funds, and make recommendations relative thereto.

In carrying out its duties, the Committee heard testimony from Mr. -Ben W. Fortson, Jr., Secretary of State; Mr. John Folger, State Librarian; Mr. Gary Bond, Legislative Fiscal Officer; Mr. David Estes, President of the Georgia Library Association, and Miss Frances Muse of the Georgia Library Association. These persons also supplied the Committee with valuable printed information, and their cooperation and assistance is acknowledged and appreciated.

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FINDINGS

1. Distribution of Official State Publications

Although there are many categories of official State publications, for the Committee's purposes the publications were considered in two broad categories. For convenience, one category might be called the legal publications which consist of the session laws, the Supreme Court and Court of Appeals reports and the House and Senate Journals. The other category is made up of other types of State government publications such as annual and periodic reports of the various executive departments and agencies, the Georgia Official and Statistical Register, State Auditor's Reports, informational pamphlets and brochures, and the various publications of the legislative branch.
A. Legal Publications
The legal publications are distinquishable from most other types because of their importance and the expense involved in producing' them. Mainly because of these factors, their official distribution is controlled by law and is quite limited. There is considerable demand for some of these publications (Supreme Court and Court of Appeals Reports and session laws), particularly by the legal profession, and a sufficient quantity is printed to satisfy this demand by sale to those persons needing them.
Insofar as official distribution at State expense is concerned, the Committee found that such distribution, while not entirely satisfactory to everyone, is generally adequate. Since these publications are quite expensive (see page 6 of this Report), and serve specific purposes, it is entirely proper to limit their distribution. For example, public school libraries would ordinarily have little need for these publications. On the relatively rare occasions when a student or teacher may need to refer to one, it is not unreasonable to require that he use the copies maintained in the ordinary's office or in other offices in the county courthouse.
The session laws are distributed in two forms: the cumulative loose leaf signatures and, of course, the completed bound volumes. The signatures are given a much wider distribution than the bound volumes. For example, signatures are sent to all Georgia lawyers requesting them and to many other persons and agencies not on the bound volume distribution list. Until recently, they were automatically distributed to all members of the Georgia Bar, but, as an economy measure, the procedure was changed to require lawyers to request that they be put on the mailing list. This change of procedure has resulted in a substantial re duction in the number of signatures distributed, although the reduction may not be permanent because the number of lawyers requesting the signatures is con tinually increasing.

The reason that the signatures are given this broad distribution is because they are available, on a cumulative basis, shortly after the close of each legisla tive session. Until the laws are printed and distributed, lawyers and others directly involved with the law are severely handicapped in not knowing exactly what changes took place in the law during the immediately preceding legislative session. Since the bound volumes of the session laws are not available until several months after the close of legislative sessions, the signatures serve a very useful purpose in rapidly informing the legal profession of changes in the law.

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3245

The Committee feels, however, that the distribution of the signatures de serves further consideration in that additional savings to the State might be effected without inconvenience or hardship to anyone. For example, the members of the General Assembly automatically receive both the signatures and the bound volumes of the laws. Perhaps only thos emembers requesting them should receive the signatures.

The Committee further feels that the printing and distribution of the other legal publications should be given further consideration to the end that any savings possible might be realized and that all public agencies having a legitimate need for these publications shall receive them.

B. Other State Government Publications
The main dissatisfaction with the distribution of State government docu ments falls in this category of publications. With a few exceptions, the distribu tion of these publications is left up to the various departments and agencies producing them. There is no procedure or requirement relative to a standarized distribution, and it is precisely these publications, or at least many of them, that would be of most benefit to libraries and other agencies for use by students and other researchers.

Although the State Librarian tries to keep up with these publications, he is limited by a shortage of personnel and by the failure of the various depart ments and agencies to supply him with copies of their publications. Indeed, it is a sizable task merely to find out what has been published. The Committee does not feel that the departments and agencies are deliberately uncooperative in this matter, but rather the problem arises because there is no clear-cut pro cedure for them to follow. It should be noted, however, that the law does require those officers who are required to "make reports to the General Assembly" to furnish the State Librarian with 10 copies of such reports. While helpful, this provision is inadequate because many reports and other publications are not made to the General Assembly, and, obviously, 10 copies would not be sufficient for distribution.
Another provision of the law requires "State departments and institutions" to deposit 65 copies of their "reports and bulletins" with the State Librarian for the purpose of exchanging them with other States. The problem with this pro vision is that "reports and bulletins" would not cover many publications, and those that are received are to be used for the purpose indicated. The Committee was also advised that this provision is not honored in many instances by agencies that do not technically fit the category of "departments and institutions".
While the total annual State expenditure for printing, excluding units of the University System, amounts to a substantial sum (approximately $2,900,000 in 1967; $3,600,000 in 1968) a more systematic distribution of publications would add very little cost to the operation of State government. It is quite possible that a sufficient quantity of many of these publications is already being printed, but if not, a few hundred more would involve little added expense.

There are a few publications in this category that are relatively expensive, such as the Georgia Official and Statistical Register. This publication is very useful, but its distribution is already adequate, and the Committee does not anticipate that additional expense (except inflationary increases) will be in volved in its continued publication and distribution.

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2. Publications Charged to Legislative Funds

During the last five fiscal years, the General Assembly spent an average of approximately $430,000 per annum for legislative printing. The publications included in legislative printing and their approximate average annual costs for the last five years are shown below.

Publication

Cost

(1) Georgia Session Laws _________________________________________ $ 94,000

(2) House and Senate Journals ________ ______._..._-____ 64,000

(3) State Auditor's Reports _________ ____,,___-___ 26,000

(4) Georgia Official and Statistical Register (printed biennially at a cost of $70,000) ,,_._______ 35,000

(5) Forms and materials for the General Assembly ________ 37,000

(6) Maps used by the General Assembly __-,,___-.--___--_._- _ 9,900

(7) Election materials _,,____ _.._.-_ ______ _____

46,000

(8) Printing and advertising Constitutional Amendments _-_-_._____--__..--__--____.,,. 57,000

(9) Legislative brochures and pamphlets _--_______--_._--__ 30,000

(10) Printing special Acts of the General Assembly---____._ 31,000

$429,900

In addition to these publications, bills and resolutions are printed duringsessions, but the expense thereby incurred is properly considered a part of the cost of the operation of the General Assembly. Outside printing is not involved since the Clerk of the House and the Secretary of the Senate print bills and resolutions for their respective chambers.
With rare exception, legislative committee reports are printed by the Clerk of the House and the Secretary of the Senate and no outside expense is involved. On the few occasions that committee reports are printed by private firms, the cost incurred would be included in one of the categories shown above.
Most of these publications are absolutely essential, and the remainder are certainly important and useful. The Committee believes, therefore, that these publications should be continued and that the costs incurred involves a necessary expenditure of public funds.
The Committee has found, however, that the legislative appropriation is substantially and unnecessarily inflated by the traditional practice of charging the cost of printing all of these publications against legislative funds. While most of the publications are properly charged against legislative funds, election materials and the Official and Statistical Register are not, in fact, legislative publications.
The cost of election materials was of particular concern to the Committee.

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3247

Traditionally, the Secretary of the State has provided election materials with the cost therefor being charged to legislative funds. Heretofore, the cost has been relatively small, as shown above, and the legislative appropriation was not seriously affected. However, with the passage of HB 1304 at the 1970 session, the State has the responsibility of paying almost the full cost of primary election supplies and materials. In the past, the State paid these expenses only for the general elections. As a result, it is estimated that the cost of elections for this year will between $500,000 and $750,000, or over 10% of the total legislative appropriation. Although the State is reimbursed from qualifying fees to some extent ($84,971.87 this year), these funds are not returned to the legislature but are paid into the general funds of the State.

Since the cost of elections will involve the expenditure of substantial funds in the future, the Committee believes the appropriation acts should show a line item appropriation to the Secretary of State for "Costs of Elections" or some similar designation.

Although the amount of money involved is much less, the Committee believes that the foregoing considerations also apply to the Georgia Official and Statisti cal Register. This publication is prepared by the Department of Archives and History, and the cost therefor should be appropriated to the Secretary of State under the subcategory "Archives and Records".

SUMMARY OP THE GEORGIA GOVERNMENT
DOCUMENTS ACT
An Act known as the "Georgia Government Documents Act" was passed in 1988 (Ga. Laws 1968, p. 1186), but it has never been implemented. Among other things, the Act creates an Advisory Council on Georgia Government Documents consisting of one Senater, who is a member of the Legislative Services Committee; one member of the House, who is a member of the Legislative Services Committee; the Secretary of State; the State Auditor; the Legislative Counsel and the State Librarian.
The Council is given the general responsibility to ". . . establish, maintain and oversee a system of officially designated Georgia government documents and thereby obtain ... a maximum efficiency, economy and usefulness in the publication, compilation, distribution and preservation of ... government documents".
The Council is given certain specific authority including the authority to ". . . require of each State agency a report on each government document pro duced or distributed by it, including its distribution list", and to ". . . make recommendations to any State agency concerning the expansion or curtailment of the distribution list.. .".
The Council may further ". . . provide for the designation of educational institutions, public or private, as general or special depositories of government documents and provide for the distribution of government documents to these depositories under such rules and regulations as will insure maximum usefulness to the students of this State and the general public.".

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The Committee believes that the foregoing provisions of this Act have the potential of largely solving the problems rleative to the distribution of State publications. There is also a very good possibility that the authority provided by the Act could lead to more economy and efficiency in the production and distribution of these publications. However, since the Act has never been im plemented, the Committee believes a new version of the Act should be adopted and the former Act specifically repealed.

With regard to the membership of the Advisory Council created by the Act, the Committee believes that the President of the Georgia Library Associa tion should also be a member. He could make a substantial contribution to the work of the Council, particularly in the area of establishing a standard policy to govern the distribution of State publications.

As a result of the foregoing considerations, the Committee has had the Act redrafted in the form of a new Bill which is attached to the Report as an Ap pendix. This Bill contains all the important features of the original Act but several provisions have been deleted and others have been revised.

RECOMMENDATIONS

Based on its findings and deliberations, the Committee makes the following' recommendations and urges that they be supported by members of the General Assembly:
1. That the attached Bill creating the Advisory Council on Georgia Govern ment Documents be adopted at the 1971 session and that the Council be organized and begin carrying out its duties as soon thereafter as practicable.

2. That the appropriation to the State Librarian be increased in an amount sufficient to allow him to employ the necessary personnel to fully implement the policy, when established, of the Advisory Council relative to the distribution of government documents.

3. That the costs of elections be paid from funds appropriated to the Secretary of State for that purpose.

4. That the cost of publishing the Georgia Official and Statistical Register be paid from funds appropriated to the Secretary of State, Archives and Re cords, for that purpose.
Respectfully submitted,

/s/ Mobley Howell Mobley Howell, Chairman Representative, 60th District

/s/ William J. Lee William J. Lee Representatvie, 21st District

/s/ Earl T. Davis Earl T. Davis Representative, 86th District

/s/ Sidney Lowrey Sidney Lowrey Representative, 9th District

/s/ R. A. Dent R. A. Dent Representative, 79th District

/s/ Howard Simmons Howard Simmons Representative, 4th District

/s/ R. A. Griffin R. A. Griffin Representative, 68th District

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3249

APPENDIX

A BILL

To be entitled an Act to provide for 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 provide for a short title; to provide for an Advisory Council on Georgia Government Documents to establish, maintain and oversee such system; to prescribe the authority of the Advisory Council; to provide for all matters relative to the foregoing; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Citation. This Act shall be known and may be cited as "The Georgia Governmnet Documents Act".

Section 2. Definitions. The following words and terms used in this Act shall be given the meanings hereinafter prescribed unless the context indicates otherwise.

(a) "Advisory Council" shall mean the Advisory Council on Georgia Govern ment Documents.

(b) "State Agency" shall mean any State department, board, bureau, com mission, authority, council, committee and any other State agency or instru mentality.
(c) "Government Document" shall mean any written material produced for dissemination to the public by any State agency; any written material which is required by law to be published or disseminated to the public by any State agency; any written material the publication or distribution of which involves or may involve, the expenditure of State funds or the funds of said State agency; and any other written material which the Advisory Council may include, or exclude, as a government document pursuant to authorization herein provided.

Setcion 3. The Advisory Council, (a) There is hereby created the Advisory Council on Georgia Government Documents to be composed of seven members as follows: one member of the Senate appointed by the President of the Senate from among those Senators who are members of the Legislative Services Com mittee; one member of the House of Representatives appointed by the Speaker of the House from among those Representatives who are members of the Legisla tive Services Committee; the Secretary of State; the State Auditor; the Legis lative Counsel; the State Librarian and the President of the Georgia Library Association.

(b) The Advisory Council shall organize as soon as practicable after the organization of the General Assembly in each biennium and shall function in the manner of a legislative committee. The expenses of the Advisory Council shall be funded as if it were a subcommittee of the Legislative Services Com mittee, and the Legislative Services Committee shall approve the payment of

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such expenses. The State Treasurer is hereby authorized and directed to provide for the payment of such expenses authorized by the Legislative Services Com mittee from funds appropriated or otherwise available to the legislative branch
of government.

(c) When the General Assembly is not in session, the legislative members of the Advisory Council shall receive the expense and mileage allowance provided by law for legislative members of interim committees for each day of attendance at meetings of the Advisory Council. The expenses incurred thereby shall be paid from funds appropriated or otherwise available to the legislative branch of government. The members who are State officials shall be reimbursed for the expenses incurred by them as members of the Advisory Council in the same manner and from the same funds as they are reimbursed for expenses incurred by them in the performance of their official duties. The remaining member shall be reimbursed for expenses incurred by him as a member of the Advisory Council and for travel expenses incurred by him in attending meetings of the Advisory Council in the same manner as State employees from funds appro priated or otherwise available to the legislative branch of government.

Section 4. Responsibility of the Advisory Council. It shall be the respon sibility of the Advisory Council to establish, maintain and oversee a system of officially designated Georgia Government Documents and thereby obtain, by the exercise of the authority herein prescribed, maximum efficiency, economy and usefulness in the publication, compilation, distribution and preservation of the materials herein defined as government documents. The Advisory Council shall have no authority with respect to the content of government documents and shall not be authorized to designate any person or firm as the official printer or printers of government documents.

Section 5. Authority of the Advisory Council.
(a) The Advisory Council shall have authority to establish classifications of government documents and to prescribe for each classification uniform stand ards of style, composition and format, including' the method of printing or re production, binding, page size, weight of paper, type face, type size and similar matters.

(b) The Advisory Council shall have the authority to exempt from the application of this Act, or any part hereof, the government documents produced or published by a State agency solely for its internal official use, or those pro duced or published for strictly administrative operational or promotional pur poses in which, in the judgment of the Advisory Council, the general public has no substantial interest and in which there is no substantial education value.

(c) The Advisory Council may require of each State agency a report on each government document produced, published or distributed by it, including its distribution list. The Advisory Council may make recommendations to any State agency concerning the expansion or curtailment of the distribution list of any government document. If the recommendation of the Advisory Council is to curtail a distribution list, and if the recommendation is not given effect by the State agency, these facts shall be reported to the Legislative Services Committee and shall also be noted by the State Auditor in his audit of the State agency.

(d) In connection with the distribution of government documents, the

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Advisory Council may provide for the designation of educational institutions, public or private, as general or special depositories of government documents and provide for the distribution of government documents to these depositories under such rules and regulations as will insure maximum usefulness to the stu dents of this State and the general public. The Advisory Council may revoke the depository designation in any case of noncompliance with its rules and regulations, or where the government documents are being used for private purposes, or where the public interest has been neglected or disregarded.

(e) The Advisory Council shall have authority to provide for the distribu tion of government documents without charge or cost. However, the Advisory Council shall have authority to make a charge or charges for government docu ments, not in excess of the cost of printing and distribution when in its judgment there is reason to do so in the interest of maximum economy, efficiency and use fulness. All monies received from such charges shall be paid into the general fund of the State Treasury.

Section 6. Authority Inapplicable. The authority granted under Section 5 (a) of this Act shall not apply to:

(1) The Georgia Reports and the Court of Appeals Reports.

(2) The House or Senate journals.

(3) The annual session laws of the General Assembly.

(4) The publications required of the Secretary of State under the Georgia Administrative Procedure Act.

(5) The publication of any bulletin, newsletter or gazette disseminatingcurrent information relative to developments within a State agency or informa tion of current interest to a particular constituency of a State agency.

Section 7. Compliance with Standards. When the Advisory Council has established standards for a particular classification of government documents and communicated them to the various State agencies, it shall be the duty of each State agency to comply with the standards applicable to the government docu ments produced, published or distributed within the scope of its activity and any expenditures for the production, publication, or distribution of government docu ments which are not in compliance with the applicable standards or other directives of the Advisory Council shall be disallowed by the State Auditor as a legitimate expenditure of public funds.

Section 8. This Act shall become effective upon its approval by the Gov ernor or upon its otherwise becoming law without his approval.

Section 9. An Act known as the "Georgia Government Documents Act of 1967" approved April 9, 1968 (Ga. Laws 1968, p. 1186) is hereby repealed in its entirety.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

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HOUSE OF REPEESENTATIVES Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF SUBCOMMITTEE ON DRUGS, NARCOTICS AND RELATED MATTERS
********

THE COMMITTEE

Honorable Herbert Jones, Jr. Representative, 87th District Chairman Honorable Walt Davis Representative, 75th District Honorable Clarence G. Ezzard, Sr. Representative, 102nd District Honorable Charles Graves Representative, 9th District Honorable Peyton S. Hawes, Jr. Representative, 95th District Honorable Sidney J. Marcus Representative, 105th District

Honorable A. T. Mauldin Representative, 12th District Honorable Mitch Miller Representative, 83rd District Honorable Don C. Moore Representative, 6th District Honorable Lamar D. Northcutt Representative, 21st District Honorable John K. Patterson Representative, 29th District Honorable L. L. "Pete" Phillips Representative, 50th District

January, 1971

INTRODUCTION

The House Education Subcommittee on Drugs, Narcotics and Related Mat ters was created as a result of the findings of an interim subcommittee which, in 1969, studied the problem of drug abuse in Georgia. Nationwide reports of experimentation with drugs among young persons have prompted concern and, in some cases, action on the part of parents, educators, medical personnel and law enforcement officials. The information presented to the subcommittee seems to indicate that the problem of drug abuse in Georgia is indeed real. Therefore, it is imperative that the problem be investigated and steps be taken to begin
solving it.

PURPOSE
The purpose of this subcommittee is (1) to determine the extent of drug abuse among students in Georgia's secondary schools and colleges and among those persons who have dropped out of these schools; (2) to study methods and programs specifically designed to cope with the problem; and (3) to consider alternatives that ultimately could lead to solutions.

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PLAN OF ACTION

The subcommittee began in May of 1970 a series of meetings that carried them to Athens, Carrollton, Atlanta, and Savannah, Georgia where they inter viewed and heard testimony from the State School Superintendent, system school superintendents, principals, counselors, teachers, parents, high school and college students, curriculum specialists, juvenile and criminal judges, law enforcement officers, military personnel, physicians, rehabilitation workers, and civic leaders. In addition to the hearings, the subcommittee visited school classrooms, talking with the students, and toured a rehabilitation center. Among those speaking before the subcommittee were the following persons:

Mrs. Saxon P. Bargeron, Assistant Superintendent for Curriculum Development and Pupil Services, Chatham County Schools
Dr. James E. Boyd, President, West Georgia College
Mr. Jay W. Childress, Executive Director, Family Counseling Center of Savannah, Inc.
Mr. James A. Cook, Chairman of the Education and Publicity Committee of the Mayor's Committee on Drug Abuse, Savannah
Mr. A. A. Dawson, Principal, Booker T. Washington High School, Atlanta
Dr. Fred C. Davison, President, University of Georgia
Mr. Marion Joseph, Special Agent in Charge, Bureau of Narcotics and Dangerous Drugs, Atlanta District Office
Mr. W. H. Kelly, Principal, Northside High School, Atlanta
Dr. Thord M. Marshall, Superintendent, Chatham County Schools
Mrs. Elizabeth L. Pope, Supervisor of Health and Physical Education for Girls, Chatham County Schools
Mr. Everett Price, Chief Inspector, Savannah Police Department
The Rev. James Tiller, Director, The Center, Savannah

SUMMARY OF FINDINGS

In brief, the findings in the major areas of inquiry were as follows:

1. The problem of drug abuse continues to exist in Georgia's schools. Some school personnel and students are using drugs of various kinds in the secondary schools and colleges of Georgia.

2. School officials have displayed more genuine concern with respect to the reality of the illegal sale and use of dangerous drugs in their schools. However,

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teachers, counselors, and student personnel workers are handicapped in lacking information, skills and methods for coping with the problem.

3. The problem is being attacked by officials at both the secondary and college level. Curricula in the health areas are expanding units relating to drug abuse, broader counseling services and student crisis-centers have been developed, and guest lectures by professional medical personnel as well as testimony from former drug addicts are among the measures utilized in combating the problem.

4. The sources of drugs are complex, simple and varied. It was found that student sources ranged from organized crime, to military personnel, to raiding the family bar and medicine cabinet. High school and college students indicated that marijuana, alcohol and other forms of drugs could be acquired on the school campus on very short notice.

5. The problem of drug abuse exceeds the scope of education. The solutions to the problem must result from the combined efforts of educators, law enforce ment officials and rehabilitation personnel.

6. The "total community effort" concept of attacking the problem of drug abuse can be successful. Evidence of this can be found in Savannah, Georgia, where in less than a year the efforts of concerned citizens and parents, along with the law enforcement officials, educators and rehabilitation workers, seem to have resulted in a significant reduction of drug abuse among the city's young people and the recognition and treatment of those who may experiment with dangerous drugs.

RECOMMENDATIONS

The information studied and reviewed by this subcommittee permits several conclusions and implications which are relevant to drug abuse in the secondary schools and colleges of Georgia. The subcommittee believes the following recom mendations to be positive measures which will have the greatest effect in dealing with the drug abuse in our schools.

1. Each school system within the State should establish an official policy toward drug abuse. This policy, including the system's attitude toward the abuse of dangerous drugs, the punishment and treatment of users and pushers, should be made known to the school's students, parents, and to the general public.

2. The Appropriations Committee and the Georgia Department of Education should make provisions for placing additional guidance counselors in elementary schools. The early identification of maladjustment and perhaps "addicition prone" personalities could result in the treatment of those students who might in later school years turn to drugs.

3. Rehabilitation centers, providing social readjustment in addition to vo cational or educational rehabilitation, should be established throughout the State. To "get a kid off drugs" is not enough. He must be given a base on which he can, without drugs, build a secure position among his peers and in society.

4. A Drug Abuse Commission, with a 'statewide, professional drug squad,

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should be established. This Commission could be the needed liaison between all enforcement and rehabilitation personnel in the State.

5. The Georgia State Board of Pharmacy should have the responsibility of enforcing drug laws only when pharmacies, hospitals and other professional medical facilities are involved.

6. Regionally located medical treatment centers for drug users should be established within present medical facilities.

7. Programs of drug abuse education in the public schools of Georgia should continue and, in many cases, should be expanded to include better training for the teacher as well as the student.
a. The Georgia Department of Education should issue guidelines for the teaching of drug education at both primary and secondary levels.
b. The present system of in-service educational programs for teachers should be expanded to include instruction in drug abuse and drug education.

c. Universities in the State should consider offering to teachers and adminis trators seminars on drug education to be conducted in various cities throughout the State. Such a program (similar to the Plying Squadron program conducted by the University of Georgia in the 1950's) could provide graduate level instruc tion to teachers and administrators who might not be able to return to graduate school or pursue an advanced degree while teaching.

Respectfully submitted,

/s/ Herbert Jones, Jr. Herbert Jones, Jr., Chairman Representative, 87th District
/s/ WaltDavis Walt Davis Representative, 75th District
/s/ Clarence G. Ezzard, Sr. Clarence G. Ezzard, Sr. Representative, 102nd District
/s/ Charles Graves Charles Graves Representative, 9th District
/s/ Peyton S. Hawes, Jr. Peyton S. Hawes, Jr. Representative, 95th District
/s/ Sidney J. Marcus Sidney J. Marcus Representative, 105th District

/s/ A. T. Mauldin A. T. Mauldin Representative, 12th District
/s/ Mitch Miller Mitch Miller Representative, 83rd District
/s/ Don C. Moore Don C. Moore Representative, 6th District
/s/ Lamar D. Northcutt Lamar D. Northcutt Representative, 21st District
/s/ John K. Patterson John K. Patterson Representative, 20th District
/s/ L. L. "Pete" Phillips L. L. "Pete" Phillips Representative, 50th District

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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF EARLY CHILDHOOD EDUCATION SUBCOMMITTEE
HOUSE EDUCATION COMMITTEE
********

THE COMMITTEE

Honorable Clarence G. Ezzard, Sr., Chairman Representative, District 102 Honorable Ben Brown Representative, District 110 Honorable Walt Davis Representative, District 75, Post 1

Honorable Grace T. Hamilton Representative, District 112 Honorable Peyton S. Hawes, Jr. Representative, District 95, Post 4 Honorable Sidney J. Marcus Representative, District 105

INTRODUCTION

The Early Childhood Education Subcommittee was created in response to extensive concern by educators and citizens for the cognitive growth and develop ment of Georgia's preschool children. Recognizing that educational programs of school children have roots in an earlier period, there has been exploration of the means and methods available to optimize the success of school experience by adequate preparation in the preschool years.

PURPOSE
The purpose of the Early Childhood Education Subcommittee is: (1) to explore the desirability of preschool education in relation to its effect on effec tive school performance; (2) to determine the feasibility of establishing programs in early childhood education; (3) to identify mechanisms for utilizing govern mental resources in developing organized preschool learning experiences and (4) to consider feasible means for implementing desirable programs in early child hood education.
PLAN OF ACTION

Members of the Subcommittee were selected on April 2, 1970 and appoint ments were made by the Honorable Mac Barber, Chairman of the House Educa tion Committee. The Subcommittee held its organizational meeting on May 7.
Information on state activities was brought to the Subcommittee at a meeting on December 30, when representatives appeared before the Subcom mittee from the following agencies:

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Georgia Educational Improvement Council Dr. E. C. Martin Mrs. Pat Malone

Georgia Department of Education Dr. Claude M. Ivie Mr. Joseph N. Edwards

Family and Children Services Mrs. Winifred Gerhardt

SUMMARY OF FINDINGS

In brief, findings in the major areas of inquiry are as follows:

1. There is a need for programs in early childhood education, and plans are being made to develop a state-assisted kindergarten in a phased, six-year program. The initial proposal will be for 600 kindergarten units in 1971-72 which will serve approximately 15,000 of the state's estimated 103,000 five-yearold children. Each school system in the state will receive one kindergarten unit, with the remainder of the units being allocated to school systems on a pro rata basis. School systems with existing kindergarten programs financed through local support will be eligible for state aid.

2. One of the major delaying factors in developing a state program in early childhood education is the availability of prepared teachers. This situation is improving, but it will take time to assure an adequate supply of teachers trained to work with young children. In the 1968-69 school year, 34 kindergarten teachers were graduated from Georgia universities. This increased to 196 in 1969-70, and 365 in 1970-71. These graduates, plus kindergarten teachers mi grating into Georgia, comprise a number estimated as adequate to staff the 600 kindergarten units planned for 1971.

3. The shortage of prepared personnel affects early childhood education in areas other than kindergarten. In approximately 850 day care centers in Georgia, some 38,000 children are not receiving adequate developmental experiences, primarily because of the shortage of trained presonnel. The children in day care centers have particular needs for enrichment experiences, since their ex posure to parental teaching and guidance is usually restricted by the mothers' working schedules.

4. Federal funds to support day care programs are available under Title IV, A, of the Social Security Act, but these funds must be matched by 25 percent local monies. There is a possibility that in Fiscal Year 1972, the distribution of Title IV A funds for day care will be restricted to 115 percent of each state's efforts in FY 1971. If this provision is enacted, Georgia's future eligibility for Federal assistance will be based on the Title IV A expenditures as of July, 1971.

5. Several departments of state government are concerned with the develop ment of preschool children. It was reported to the Subcommittee that some co operative efforts are under way between Family and Children Services and the Department of Health, particularly in programs for retarded children. There is indication that broader cooperation at the state level among concerned depart-

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ments implementing programs for preschool children would produce beneficial results.

6. While some communities have considered the possibility of scheduling kindergarten on double sessions, this creates difficulties. Under the state plan for kindergarten development, the teacher-pupil ration in kindergarten is 1:25, and since this is an average figure the actual class size may be larger. Creating a learning and enrichment atmosphere for five-year-olds is a highly specialized and individualized effort which will require considerable planning time on the part of teachers, and there is a probability that a double-session schedule would reduce the effectiveness of kindergarten.

An additional consideration for a single-session schedule for kindergarten is the cost of transportation. Providing school buses for a double session is ex pensive.

7. In at least one aspect, a kindergarten program has the potential for saving both human and financial resources. At the present time in Georgia, between 60,000 and 70,000 students fail to achieve promotion. At a per pupil ex penditure of $600, approximately $35 million is spent on students repeating a grade. About 10 percent of Georgia's failures occur in the first grade, as compared to a national first grade failure rate of five percent. There is indica tion that the lower national failure rate is in part attributable to the fact that between 70 and 80 percent of kindergarten-age children in the U. S. attend kindergarten. There is a probability that a Georgia kindergarten program will reduce the number of school failures, particularly failures in the first grade.

CONCLUSIONS AND RECOMMENDATIONS
The information reviewed, studied and discussed by this Subcommittee per mits several recommendations and conclusions relevant to early childrhood education in Georgia.
1. The proposal for a six-year period of phasing kindergarten into the public school program is feasible in view of the present availability of resources in trained teachers and facilities. It is recommended that this plan be supported
2. There is an apparent need to assure an adequate supply of persons prepared to work with preschool children in all types of programs, including kindergarten and day care. It is recommended that expansion of educational programs for staff be encouraged. It is further recommended that the Center for Continuing Education at the University of Georgia assume responsibility for developing continuing education programs in early childhood education.
3. Several state agencies are directly concerned with preschool children. Expanded cooperative programs among these agencies could assure maximum utilization of available resources in meeting the needs of children. It is recom mended that state agencies develop a mechanism for cooperation in the area of early childhood education.

4. The potential for enriching the experiences of preschool children, and increasing their potential for success in school and in life, warrants considerable additional exploration. The needs of these children and the means of meeting

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their needs is an important area of investigation with significant implications for Georgia's future. It is recommended that studies of early childhood education be instituted and the information disseminated.

5. In view of the importance of early childhood education, it is recommended that a subcommittee on early childhood education become a permanent subcom mittee of the House Education Committee.

THE GENERAL ASSEMBLY State Capitol Atlanta
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

********

REPORT OF THE
ENVIRONMENTAL CONTROL STUDY COMMITTEE
********

THE COMMITTEE

Honorable Hines L. Brantley Representative, 52nd District Chairman Honorable Gerald T. Horton Representative, 95th District Honorable Preston B. Lewis, Jr. Representative, 37th District

Honorable Paul E. Nessmith, Sr. Representative, 44th District Honorable W. Randolph Phillips Representative, 38th District Honorable Ben Barren Ross Representative, 26th District Honorable Joe Mack Wilson
Representative, 117th District

January 1971
INTRODUCTION
The Committee was created by the Speaker of the House of Representatives pursuant to the authority of House Resolution No. 987 adopted at the 1970 ses sion of the General Assembly.
The creating resolution authorized and directed the Committee ". . . to seriously consider the possibility and feasibility of combining the various func tions of environmental control in the State of Georgia into one single agency." In connection therewith, the Committee was authorized to study the laws of this State and of other States relative to pollution and to consult with environ mental control officials.

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In carrying out its responsibility under the creating resolution, the Com mittee heard testimony from many State officials in a series of meetings held from June 24 through August 27, 1970. In the approximate order that they appeared before the Committee, these officials were as follows:

1. Dr. John H. Venable, Director, Department of Public Health.

2. Mr. William H. Hansell, Director, Division of Environmental Health, Department of Health.

3. Mr. Robert H. Collom, Jr., Director, Air Quality Control Branch, Divi sion of Environmental Health, Department of Health.

4. Dr. Karl E. Kindsvater, Director, Environmental Resources Center, Georgia Institute of Technology.

5. Mr. W. Scott Sprinkle, Director, Branch of Sanitation, Division of Environmental Health, Department of Health.

6. Mr. Hugh Parker, Director of Industrial Hygiene Service, Division of Environmental Health, Department of Health.

7. Mr. R. S. "Rock" Howard, Executive Secretary, Georgia Water Quality Control Board.

8. Mr. Warren Griffin, Georgia Water Quality Control Board.

9. Mr. Byron M. Kirkpatrick, Director, Division of Natural Resources, Bureau of State Planning and Community Affairs.

10. Mr. Charles Carlton, Bureau of State Planning and Community Affairs.

11. Mr. Robert E. Hanie, Executive Director, Georgia Natural Areas Coun cil.

12. Mr. H. Oliver Welch, State Planning and Community Affairs Officer.

FINDINGS

Existing Laws of Georgia
The Committee examined Georgia's present laws relative to environmental control, and in connection therewith, directed the Office of Legislative Counsel to prepare "A Synopsis of the Environmental Laws of Georgia". While it would unnecessarily lengthen this Report to include the "Synopsis" as an appendix, interested members may obtain a copy from the Office of Legislative Counsel. Activity in Other States

The Committee also examined environmental laws recently enacted by other States. In special sessions held early in 1970, the States of Maine and Washington enacted important legislation relative to environmental matters. Two of the more important measures, a Maine law regulating site location of development

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substantially affecting environment and a Washington law creating a department of ecology, are summarized as Appendix I and II of this Report.

The Maine and Washington Acts mentioned above are intended to be only examples of recent State activity in environmental matters, because so many States have acted in this area within the last year, that a summary of this activity would itself require a separate and lengthy report.

In this connection, however, the matter of regulating plant site location for environmental protection purposes has been the subject of legislation and legisla tive proposals in several States. These proposals have been of great interest because they are in the nature of Statewide zoning laws. Vermont has also recently enacted a law on the subject.

One other important State enactment should be mentioned, and that is Illinois' new Environmental Protection Act which became effective on July 1, 1970. This Act abolished the many State anti-pollution agencies and created three new independent agencies with expanded powers and duties. One of these agencies, the Environmental Protection Agency, will investigate and prosecute violations. Another, the Pollution Control Board, will set standards and hear cases brought by the Protection Agency, while the third, the Institute for Environmental Quality, will conduct practical and long-range research on en vironmental matters.

Environmental Protection Agencies of Georgia
Although Georgia has many State agencies that are concerned with the protection of the environment, the major environmental control agencies, with some exceptions, are under the Department of Health. Early in 1970, the Director of the Department of Health, by executive order, created the Division of En vironmental Health which centralizes the Department's environmental control activities. The Division of Environmental Health contains the following branches:

A. The Branch of Air Quality Control which administers the air quality control law.

B. The Branch of Occupational Health which, among other things, is con cerned with industrial noise and the control of radiation.

C. The Branch of Sanitation which is concerned with housing and institu tional sanitation, water supply service, environmental sanitation and solid waste management service.

Also under the Department of Health is the Office of Comprehensive Health Planning which has created a Task Force on Environmental Health Planning. The Committee has been advised that this Task Force has been undertaking a comprehensive study during the last year on environmental control matters and will submit a report of its recommendations in February, 1971.

Although the Division of Water Quality Control was created as a division of the Department of Health, it is under the supervision and direction of the State Water Quality Control Board and is relatively independent of the Depart ment of Health insofar as policy is concerned. It should be noted, however, that

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the Director of the Department of Public Health serves as Chairman of the Water Quality Control Board. The Water Quality Control Board administers the Georgia Water Quality Control Act under which water pollution in the State
is controlled.

Other State departments and agencies concerned with the protection of the environment are as follows:
1. The State Game and Fish Commission A. The Coastal Marshlands Protection Agency
2. The Department of State Parks A. The Georgia Natural Areas Council B. The Georgia Scenic Rivers Program
3. The Department of Mines, Mining and Geology A. Georgia Surface Mined Land Use Board
4. The Bureau of State Planning and Community Affairs

While the Bureau of State Planning and Community Affairs is not an action agency in environmental control, is has an important responsibility in this area since most Federal grant programs, including those relative to environmental control, must be coordinated through the Bureau and also through the Area Planning and Development Commissions.

The foregoing is not intended to be an exhaustive list of State agencies that are interested in environmental protection but only those which have a more or less direct responsibility in the area. Other agencies that are concerned with or exercise powers related to environmental matters are the Department of Agriculture (particularly in the area of pesticides and fungicides), the Georgia Forestry Commission and the Georgia Forest Research Council, the Ocean Science Center of the Atlantic, the Marine Institute of the University of Georgia, the Water Resources Center and the Environmental Resources Center of the Georgia Institute of Technology and other bureaus, divisions or agencies, within units of the University System of Georgia. London's Successful Fight Against Air Pollution

The Committee was very interested in the example set by London, England, in its fight against air pollution. Londoners addressed themselves to the problem of air pollution with determination after a disastrous smog hit the city in De cember 1952, killing approximately 4,000 people who suffered from bronchial and cardiac ailments.

This disaster led to the adoption of the Clean Air Act of 1956 which has resulted in an 80% reduction in smoke emissions from homes and factories since 1952. The Act was strengthened in 1968 to force localities to establish smoke control zones and permit restrictions on the sale and delivery of smoke produc ing coals, which has been the major source of air pollution in London. The air in London is now cleaner than it has been in over a century.

The Committee also heard testimony to the effect that England has moved very effectively in dealing with water pollution and other environmental prob lems.

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CONCLUSIONS

The Committee heard testimony to the effect that some of Georgia's major environmental control laws, such as the water and air pollution laws, were deficient in several particulars, mainly in the area of inadequate enforcement provisions. The Committee has learned, however, that other committees have been specifically concerned with improving our existing laws and that corrective legislation will be offered by members of these committees at the upcoming ses sion. In view of those circumstances and because the Committee had the broad responsibility of studying the feasibility of creating a department of the en vironment, the Committee decided not to offer specific legislative proposals amending existing laws.

With regard to its major responsibility of studying the need for the creation of a department of the environment, it is the opinion of the Committee that the evidence supporting the need for such a department is inconclusive at the present time. In reaching this conclusion, the following factors, among others, were considered by the Committee:

1. While Georgia's progress in all aspects of environmental control is cer tainly not entirely satisfactory to everyone, including members of the Com mittee, substantial progress has been and is being made.

2. Some of our more important laws on environmental protcetion have been enacted in recent years, and as experience shows their flaws, perhaps a better approach would be their improvement rather than their abandonment through consolidation into a new law that seeks to address itself to all aspects of environ mental control.

3. Since Governor Carter has difinite plans for reorganizing the Executive Branch of Government, if a department of the environment is found to be de sirable, it should be considered in the broader context of executive reorganization.

4. Since the States that have created such departments have done so only recently, the evidence is not in as to how much improvement, if any, these new departments will make in the environmental control activities of those States.
,, Although its study did not necessarily indicate the need for a department of the environment, the Committee did conclude that there is a need for the overall coordination of environmental control activities at the State level and that serious consideration should be given to the creation of a coordinating agency that would also have limited policy making powers. If a department of the environment is created, it would, of course, make such an agency unnecessary. However, as an interim measure, and perhaps as a forerunner to the creation of a department of the environment, such an agency could serve a very useful purpose.

RECOMMENDATIONS
In view of the foregoing findings and the Committee's deliberations, it is recommended that serious consideration be given to the creation of an environ mental control coordinating agency which would have the following features:

1. The agency would be in the form of a council called the "Council on

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Environmental Control", made up of the Governor, who would serve as chairman, two members of the Senate, two members of the House and the chief administra tive officer, or his designee, of the following departments and other agencies:

A. The Department of Health E. The Division of Environmental Health, Department of Health C. The Georgia Water Quality Control Board D. The Game and Pish Commission E. The Department of State Parks F. The Georgia Natural Areas Council G. The Department of Agriculture H. The Department of Mines, Mining and Geology 1. The Georgia Surface Mined Land Use Board J. The Bureau of State Planning and Community Affairs

2. The Council should coordinate all environmental quality and control activities of the various departments and agencies of the State government and would have the policy making powers necessary to achieve effective coordination and efficiency in these activities.

3. The Council should be authorized to employ its own executive secretary and other personnel needed to carry out its functions.

4. All State agencies having environmental control responsibility should be required to submit reports to the Council detailing their present activities and future plans relative to environmental control.

5. Based on the reports mentioned above and on such other information that the Council may acquire from other sources, both governmental and private, the Council should make recommendations relative to the following:

A. The effectiveness of environmental control activities of the various State agencies and the comparative costs of these activities.

B. Alternate methods for achieving environmental control goals that might be more effective and efficient, including an analysis of the benefits that might be derived from the creation of a single environmental control agency of the State Government.

C. The adequacy of funding environmental control activities.

D. Duplication or overlapping of effort in environmental control activities.

E. The adequacy of laws governing environmental control with particular reference to the possible need for additional types of control. For example, the need for regulating the utilization of ground and surface water resources and regulating plant site location and development should be considered.

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P. Problems relative to the enforcement of orders and directives of environ mental control agencies.

G. The problems of local governments relative to environmental control.

The Council should detail its findings and recommendations regarding these matters in a comprehensive report to the Governor, the General Assembly and the agencies involved. The report should include recommendations to the agencies which coulld be acted upon without legislation and recommendations to the Governor and General Assembly that would require legislation for their imple mentation. The Council should also be authorized to make interim recommenda tions to the agencies prior to the comprehensive report which should also com ment on the implementation of such recommendations.

Respectfully submitted,
/s/ Hines L. Brantley Hines L. Brantley, Chairman Representative, 52nd District
/s/ Gerald T. Horton Gerald T. Horton Representative, 95th District
/s/ Preston B. Lewis, Jr. Preston B. Lewis, Jr. Representative, 37th District
/s/ Paul E. Nessmith, Sr. Paul E. Nessmith, Sr. Representative, 44th District
/s/ W. Randolph Phillips W. Randolph Phillips Representative, 38th District
/s/ Ben Barren Ross Ben Barron Ross Representative, 26th District
/s/ Joe Mack Wilson Joe Mack Wilson Representative, 117th District

APPENDIX I
A SYNOPSIS OF CHAPTER 571, MAINE STATUTES, 1970 SPECIAL SESSION, P. 33, AN ACT TO
REGULATE SITE LOCATION OF DEVELOPMENT SUBSTANTIALLY AFFECTING ENVIRONMENT.
An Act to Regulate Site Location of Development Substantially Affecting Environment provides that it shall be the duty of Maine's Environmental Im provement Commission to control, abate and prevent pollution and to prevent diminution of the highest and best use of the natural environment of the State.

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The Commission may exercise the police power of the State to control the location of those developments substantially affecting local environment in order to insure that such developments will be located in a manner which will have a minimal adverse impact on the natural environment of their surroundings. "Development which may substantially affect environment" means any commercial or industrial development which requires a license from the Environmental Improvement Com mission, or which occupies a land area in excess of 20 acres, or which contem plates drilling for or excavating natural resources, excluding borrow pits for sand, fill or gravel, regulated by the State Highway Commission and pits of less than five acres, or which occupies on a single parcel a structure or structures in excess of a ground area of 60,000 square feet.

Any person intending to construct or operate a development which may substantially affect local environment must, before commencing construction or operation, notify the Commission in writing of his intent and of the nature and location of such development. The Commission then has 14 days from the receipt of such notification to either approve the proposed location or schedule a hearing thereon. This hearing must be held within 30 days of the determination to hold the hearing. The hearing is open to the public and must be properly ad vertised.

Upon affirmative demonstration by the person proposing the development, the Commission shall approve the proposal whenever it finds that:
(1) The proposed development has the financial capacity and technical ability to meet State air and water pollution control standards, has made adequate provision for solid waste disposal, the control of offensive odors, and the securing and maintenance of sufficient and healthful water supplies.
(2) The proposed development has made adequate provision for loading, parking and traffic movement from the development area onto public roads.
(3) The proposed development has made adequate provision for fitting itself harmoniously into the existing natural environment and will not adversely affect existing uses, scenic character, natural resources or property values in the municipality or in adjoining municipalities.
(4) The proposed development will be built on soil types which are suitable to the nature of the undertaking.
The Commission must issue an order granting or denying permission to construct or operate the development within 45 days after adjournment of the hearing. In granting its permission, the Commission may impose terms and conditions for protection of the environment.
When notified of the Commission's determination to hold a hearing, the developer must immediately defer or suspend construction or operation until the Commission has issued its order.

The Commission may seek an injunction against any person failing to properly notify it of a development, and, after hearing, should the Commission deny a permit for the development, it can require the developer to restore the area to its natural state prior to the development.

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Judicial review of the Commission's orders is provided.

Public service corporation transmission lines are exempted from this Act.

APPENDIX II
A SYNOPSIS OF CHAPTER 62, WASHINGTON LAWS OP 1970, SPECIAL SESSION S. B. 1 CREATING A STATE DEPARTMENT OF ECOLOGY
This Act creates a Department of Ecology for the State of Washington. The Department is to undertake, in an integrated manner, the various water regulation, management, planning and development programs now authorized to be performed by the Department of Water Resources and the Water Pollution Control Commission, the air regulation and management program now performed the State Air Pollution Control Board, the solid waste regulation and manage ment program, and such other environmental, management protection and development programs as may be authorized by the legislature.
The executive and administrative head of the Department is the director, who is appointed by the Governor with the consent of the Senate. The State Administrative Procedure Act applies to review of decisions by the director. The director is authorized to adopt necessary and appropriate rules and regula tions. The director may create such administrative divisions within the Depart ment as he deems necessary. He shall also appoint a deputy director and such assistant directors as shall be needed to administer the several divisions within the Department.
The director may undertake studies dealing with all aspects of environmental problems involving land, water, or air; provided that in the absence of specific legislative authority, such studies shall be limited to investigations of particular problems and shall not be implemented by positive action. The results of all such studies shall be submitted to the legislature prior to thirty days before the beginning of such regular session.
The owner or operator of any confidential process or production may re quest, when furnishing information to the Department, that such information be kept confidential. The director shall grant such request if such action would not be detrimental to the public interest.
This Act also creates an Ecological Commission composed of seven members to be appointed by the Governor. One member shall be a representative of organized labor; one shall be a representative of the business community; one member shall be a representative of the agricultural community; and four persons shall represent the public at large. Members serve four year staggered terms. It is the duty of the Commission to provide advice and guidance to the director on each of the following:
(1) Any positions proposed to be taken by the department on behalf of the State before Interstate and Federal agencies or Federal legislative bodies on matters relating to or affecting the quality of the environment of the State;

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(2) Any comprehensive environment quality plan, program or policy pro posed for adoption by the Department as a State plan or policy pertaining to an environmental management activity;

(3) Any procedures for the financial assistance grants proposed to be given to municipal, regional, county or State organizations for environmental quality purposes;

(4) Any procedures for considering applications for and granting variances;

(5) Any proposal developed for submission to the legislature as a Depart mental request bill;

(6) Any other matter pertaining to the activities of the Department sub mitted by the director for which advice and guidance is requested.

The director must submit all proposed rules and regulations, other than for procedural matters, to the Commission. Unless, within thirty days of such notification, five of the members of the Commission notify the director in writing of their disapproval of such proposed rules and regulations and their reasons therefor, such rules and regulations shall be adopted by the director.

The Act transfers to the Department of Ecology all employees, files, ma terials, equipment, appropriations, duties, etc., engaged, exercised or used in performing duties placed under the authority of the Department of Ecology.

A Pollution Control Hearings Board is created by the Act. The purpose of the Hearings Board is to provide for expeditious and efficient disposition of ap peals with respect to the decisions and orders of the Department and director and with respect to all decisions of air pollution control boards or authorities. The Board shall consist of three members, one of whom must be an attorney, ap pointed by the Governor with the consent of the Senate. Members are appointed for staggered terms of six years. Members may be removed for inefficiency, malfeasance and misfeasance in office. Members are also prohibited from (1) holding or running for any other public office, (2) engaging in any occupation or business interfering with or inconsistent with their duties as members of the Hearings Board; and (3) acting in a representative capacity before the Board on any matter for a period of one year after termination of Board membership. The Hearings Board is authorized to hire assistants. All Board decisions must be in writing and open for public inspection. Hearings may be either formal or informal at the election of the party taking the appeal. The Act contains a pro vision for judicial review of decisions of the Hearings Board.

INTERIM COMMITTEE REPORTS

3269

The General Assembly State Capitol

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OP THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OP THE FERNBANK SCIENCE CENTER STUDY COMMITTEE
********

THE COMMITTEE

Honorable Robert H. Walling Senator, 42nd District Co-Chairman Honorable Lamar R. Plunkett Senator, 30th District Honorable Ed Reeder Senator, 55th District (1969-71) Dr. Jack P. Nix State Superintendent of Schools Mr. Jim Cherry Superintendent of the DeKalb County School System Dr. Lewis Shelton Director, Pernbank Science Center Dr. Richard E. Ottinger Director, Georgia Educational Television Network

Honorable Robert H. Parrar Representative, 77th District Co-Chairman Honorable Leon Floyd Representative, 75th District Honorable George H. Kreeger Representative, 117th District Honorable Larry W. Thomason Representative, 77th District Mr. Robert Hanie Director, Natural Areas Council Preservation Mr. Glen P. Robinson Chairman of the Science & Technology Commission Honorable Tom Linder State Planning Officer

February, 1971
INTRODUCTION
The Fernbank Science Center Study Committee was created pursuant to SR 266. Under the terms of the resolution the Committee was given the responsi bility for reviewing the operation of Fernbank Science Center and Fernbank Forest and making recommendations to the General Assembly as to how these facilities could be best used for the educational benefit of all students, teachers and citizens of the State. In carrying out its responsibilities the Committee was assisted by Mr. Wilburn Adams, Assistant Superintendent, DeKalb County School System; Mr. Ray Bass, Administrative Assistant, DeKalb County School System; Miss Mary Hiers, Assistant Director, Fernbank Science Center; Mr. Andrew J. Olsen, Assistant Director, Fernbank Science Center. The Committee wishes to express its special appreciation to the Honorable H. Oliver Welch, former State Planning Officer, who sat as a member of the Committee and rendered valuable assistance until the expiration of his term of office.

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HISTORY AND DEVELOPMENT OF FERNBANK

The Fernbank Science Center is located in Fernbank Forest--sixty-five acres of primeval forest in the western part of DeKalb County scarcely five miles from the State Capitol. The forest was acquired from the Harrison family in 1939 by a group of conservation-minded citizens who recognized it as a price less resource for instruction in botany, forestry and conservation and natural resources. Title to the forest is held by the Board of Trustees of Fernbank, Inc., a nonprofit educational corporation.

Fernbank Forest serves as a living laboratory offering a wide array of learning experiences about the world of nature. Three miles of hard surfaced trails meander through blooming azaleas, delicate ferns, majestic oaks and hickories. Included is an experimental garden which demonstrates the fruits of cooperation between man and nature, and a Braille marked trail designed to provide enjoyment for the visually handicapped.

In 1964 the Fernbank trustees leased the forest area to the DeKalb County Board of Education for a term of 48 years. The lease gave the right to develop nature trails in the forest and to construct a science center on a four-acre tract
at its edge.

The Fernbank Science Center now has a value in excess of $2,500,000 (not counting the forest) accruing from the investment of local and Federal funds and private contributions. Some of the facilities in the center are the following:

(1) The Planetarium.--The planetarium with its 70-foot dome provides stu dents with an almost unlimited variety of dynamic experiences in the field of astronomy. No resource of the center is equal to the planetarium, through which all the events of the universe can be demonstrated with dramatic realism in con densed time. Programs are offered to students from the third grade through the university level. Each planetarium experience is designed specifically to take advantage of the experience and understanding of the particular group of students being served. Public performances, rich with music and poetry, are offered on a daily basis.

(2) The Meteorology Laboraotry.--The meteorology laboratory houses the most modern and sophisticated equipment available and serves to excite and stimulate the interest of young minds toward a greater understanding of the all-important atmospheric envelope which surrounds our earth. Tower-mounted sensors collect and report weather information twenty-four hours per day on a series of chart recorders located in the laboratory. Pictures, broadcast by orbiting ESSA satellites, are recorded daily to illustrate weather patterns as they form and move over the varied terrain of North and South America and Canada. Current data on air pollution, illustrated as it occurs, provides the student with a vivid reminder of those factors which threaten to destroy our heritage of a clean, fresh atmosphere. The meteorology laboratory also houses a seismometer which continually records world-wide seismic events as they occur below the earth's mantle.

(8) The Electron Microscope Laboratory.--The electron microscope repre sents to the miniature world of the cell, the virus, and the molecule--that which the telescope represents to the infinite expanse of the universe. Both are exten-

INTERIM COMMITTEE REPORTS

3271

sions of man's senses; both are tools which greatly contribute to the success of his natural tendency to inquire.

The electron microscope has been an effective tool of the research scientist since the late 1930's but has not been used to foster the understanding of stu dents relative to the nature of life processes. A Zeiss EM-9A electron microscope has been modified to serve as an effective classroom teaching instrument through the use of a closed circuit television system coupled to the instrument.

(4) The Observatory.--The observatory, containing a 36-inch reflector telescope, the largest in the South, has proven one of the center's most popular teaching resources, as shown through the heavy scheduling of programs avail able to students, teachers and lay adults. Through the planetarium and observa tory and with the stimulation of space exploration, the study of astronomy has been reawakened in the Southeast.

(5) The Library.--The center library contains 4,500 volumes which sup port the scientific disciplines emphasized. Approximately $10,000.00 is budgeted each year for periodicals to assure that the continuing developments in each field will be available to staff and student alike.

(6) The Exhibit Area.--A 9,000 square foot area contains exhibits represent ing the fields of geology, space science, ecology, conservation and technology. Each exhibit is dynamic and functional and is designed as a life-sized diorama. Animals are placed in easy reach of the visiting child, allowing him, for example, to touch and feel the massive jaws of a 10-foot alligator, the whiskers of an Artic seal, or the furry feet of an Alaskan brown bear.

(7) Research Teaching Laboratories.--Several laboratories are provided for exceptional students as a means of allowing the student to perform sophisticated research in areas of initial interest. Each research student is supervised by by an appropriate staff member.
FINDINGS
In addition to reviewing the history and development of Fernbank Science Center, the Committee made a detailed study of personnel, their qualifications and areas of service, operational budget and instructional programs for students, teachers and lay adults.

Instructional Programs.--Fernbank's instructional programs are offered to students of all ages representing not only the confines of DeKalb County but the metropolitan Atlanta area and the entire State. Some programs are offered on a single-visit basis and are designed to enrich the students' understanding of scientific topics considered in the classroom. Other programs take the form of formal courses offered for students after normal school hours, the adult public and teachers. Through Georgia Educational Television, live and video tape programs are regularly made available to every Georgia classroom to enrich and extend the curriculum taught in every school system throughout the State. The center has participated in several nationally televised specials relating to the Apollo moon flights and the recent solar eclipse. Audio-visual materials, includ ing slides, filmstrips, 16mm films and video tapes, are under development, each representing science topics difficult to present in the normal classroom situation.

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The following figures show the number of persons who have used the facili ties of the center during the past two years.

Forest Planetarium Observatory Meteorology Lab. Electron Microscope Lab. Exhibit Area Library

Sept. 1968Aug. 1969
51,972 142,782 20,904
3,352 2,237 134,774 8,756
364,777

Sept. 1969Aug. 1970
55,082 119,062
18,107 5,444 2,057
166,731 5,098
371,581

Included in the figures are students from classrooms representing the 92 Georgia counties listed on Exhibit A. As would be expected the most popular feature for classroom visits has been the planetarium.

In addition to the above figures representing on-site visitation, approxi mately 70,000,000 television viewers were reached through Fernbank's partici pation in the Apollo missions and the 1970 solar eclipse. A large but unknown number of students across the State have benefited from the educational television tapes made available to every school in the State through the Georgia Educational Television Network.

The national reputation of Fernbank Science Center is reflected in the fact that during 1969 approximatley 121,072 out-of-state visitors, including persons from 42 foreign countries, participated in the center's offerings.

Staff. Fifty-one people presently comprise the science center's staff: 9 nautral science instructors, 4 astronomy instructors, 1 meteorology instructor. 1 photography instructor, 2 librarians, 3 administrators, 5 security, 4 custodial, 3 forest maintenance, 1 gardner, 2 building maintenance, 3 technical, 3 museumexhibit development, and 10 in clerical capacities including: secretaries (3), receptionists (2), bookstore personnel (3), scheduler (1), and bookkeeper (1). 1969-70 Budget

EXPENSES

Salaries

$360,386.00

Materials and Supplies

20,000.00

Maintenance

10,000.00

Operation (utilities,

insurance, etc.)

31,251.00

$421,637.00

INTERIM COMMITTEE REPORTS

INCOME

Bookstore Planetarium Course Registration Contracts (NEC, State
ETV, etc.) DeKalb School System
Total

$ 17,716.87 44,141.64 6,807.00
17,643.00 335,328.49 $421,637.00

8273

The current budget for the center is $485,000 of which $385,000 is allocated from the DeKalb School System and the remainder from planetarium admissions, bookstore sales, etc. The increasing demand for the use of the instructional program of the center has created a pressing need for additional staff in the following categories:

POSITION

ANNUAL SALARY

Assistant to the Director

$12,000.00

Astronomer

12,000.00

Geologist

10,000.00

Museum Preparator

10,000.00

Laborer

4,500.00

Secretary

6,000.00

Museum Accessioner

8,000.00

Nuclear Science Instructor

10,000.00

4 Biology Instructors at $10,000.00 each

40,000.00

Total

$112,000.00

RECOMMENDATIONS
The Committee commends the DeKalb School System for its initiative and foresight in arranging for the financing of the construction of Fernbank Science Center by a combination of federal, private contributions and local funds and for providing operational funds from local sources. The Committee finds that the Fernbank Science Center has made a significant and unique contribution to the educational program of the State and that a valid need and justification exists for State support. The Committee recommends that State funds be ap propriated to the DeKalb School System for assistance in operation for the center.

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The Committee further recommends that the DeKalb School System enter into an agreement with the State Department of Education whereby representa tives from the various school systems in the metropolitan area of Atlanta and the State Department of Education may officially participate in the formation of the center's curriculum and the scheduling of its services for classroom, stu dent and teacher use.

Respectfully submitted,

/s/ Robert H. Walling Honorable Robert H. Walling Senator, 42nd District Co-Chairman

/s/ Richard E. Ottinger Dr. Richard E. Ottinger Director, Georgia Educational Television Network

/s/ Robert H. Farrar Honorable Robert H. Farrar Representative, 77th District Co-Chairman

/s/ Leon Floyd Honorable Leon Floyd Representative, 75th District

/s/ Lamar R. Plunkett Honorable Lamar R. Plunkett Senator, 30th District

/s/ George H. Kreeger Honorable George H. Kreeger Representative, 117th District

/s/ Ed Reeder Honorable Ed Reeder Senator, 55th District (1969-71)
/s/ Jack P. Nix Dr. Jack P. Nix State Superintendent of Schools

/s/ La/ry W. Thomason Honorable Larry W. Thomason Representative, 77th District
/s/ Robert Hanie Mr. Robert Hanie Director, Natural Areas Council Preservation

/s/ Jim Cherry Mr. Jim Cherry Superintendent of the DeKalb County School System

/s/ Glen P. Robinson Mr. Glen P. Robinson Chairman of the Science & Technology Commission

/s/ Lewis Shelton Dr. Lewis Shelton Director Fernbank Science Center

/s/ Tom Linder Honorable Tom Linder State Planning Officer

GEORGIA COUNTIES REPRESENTED IN CLASSROOM ATTENDANCE IN FERNBANK SCIENCE CENTER

Appling Bacon Banks Barrow Bibb Brantley Bulloch Burke Butts

Calhoun Carroll Catoosa Chatham Cherokee Clarke Clayton Cobb Coweta

INTERIM COMMITTEE REPORTS

3275

Dade DeKalb Dodge Dougherty Douglas Elbert Evans Fannin Payette Floyd Forsyth Fulum Franklin Glynn Grady Gordon Gwinnett Habersham Hall Hancock Haralson Harris Heard Henry Houston Irwin
Jackson Jasper
Jeff Davis
Jefferson
Lamar
Laurens
Lowndes
Liberty
Macon
Madison
Mclntosh

Meriwether Mitchell Murray Muscogee Morrow Newnan Newton Oconee Paulding Pickens Pike Polk Peach Putnam Randolph Richmond Rockdale Spaulding Stephens Sumter Talbot Taylor Telfair Terrell Tift Troup Union
Upson Walker
Ware
Walton
Washington
White Wheeler
Whitfield
Wilcox
Worth

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EXHIBIT "A"

The General Assembly
State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

********

REPORT OF THE HIGHWAY MAINTENANCE STUDY COMMITTEE
********

THE COMMITTEE

Honorable Nathan Dean Representative, 19th District Chairman Honorable R. A. Dent Representative, 79th District Honorable John H. Hadaway Representative, 27th District

Honorable Will Poole Representative, 10th District Honorable Howard Simmons Representative, 4th District Honorable Hugh Lee McDaniell Representative, 117th District

January 1971

FINDINGS

It is the Committee's view that the key to a successful highway program is maintenance. The Committee met with officials of the State Highway Depart ment and was informed that the need for building new roads in Georgia is being matched by the need to repair and maintain those roads and highways already in existence.

In addition to the hazards created by unrepaired roads and highways handling high-speed traffic, the federal government requires that all highways initially built with the help of federal funds be maintained according to federal standards. Unless these highways are maintained according to the requisite standards, federal highway funds to the counties containing the poorly kept roads will be completely cut off. Certain counties in Tennessee lost federal funds, so it can be assumed that the Federal Bureau of Roads plans to follow through on its edict.

Maintenance costs for Georgia roads and highways have increased 70% since 1947 (while construction costs have only increased 40%). It costs the Highway Department approximately $940,000 per year to have litter removed from the public roads and highways of the State. The Department spends ap-

INTERIM COMMITTEE REPORTS

3277

proximately $4.75 million annually to cut the grass on the rights-of-way (this amounts to approximately 800,000 acres of grass mowed each year). Approxi mately 80,000 linear feet of sewer pipe is provided and laid each year by the department for new businesses and homes constructed on or adjacent to high ways. The cost of reseeding and fertilizing the State's rights-of-way totaled $715,000 last year, and sign replacement amounted to $1,348,000 (1/3 of the State highway signs are damaged or stolen annually). Bridges needed repainting to the tune of $880,000.

In addition to increased highway maintenance costs, the national Congress recently required the Highway Department to inspect, bi-annually, each of the State's 8,000 bridges (on federal aid systems) for structural stability. This bridge inspection program cost the Highway Department $2.5 million in 19691970 and will cost $1.5 million each year thereafter.

The maintenance department is the largest single department in the Highway Department (4,100 personnel). The State of Georgia has 17,649 miles of roads in the State highway system, of which 1,465 miles are four-lane highways. There are 99,000 miles in roads, counting State aid and county systems. With the rapid increase of auto and truck traffic, a road surface can be expected to last only six or seven years before resurfacing is required. The anticipated cost for maintenance of interstate highways is $10,270 per mile.

The 1969-70 budget for the maintenance department as originally submitted amounted to $43,436,344, but because of the veto of the 1% cent per gallon gas tax increase and additional requirements to match an increased federal con struction program, the maintenance budget was cut to $27,094,000, much of which was earmarked as follows:

. . . $14,000,000 for routine maintenance including litter removal, grass cutting on the rights-of-way, reseeding, fertilizing, patch ing, etc.

... $ 2,500,000

for betterments by State forces for resurfacing the roads and streets in and around Georgia's public universities and colleges and for assisting counties and cities in their road programs. $5,000,000 was allocated to this program in the 1968-69 budget.

... $ 0,000,000

It was necessary to completely eliminate the Betterments by Contract program involving resurfacing of highways on the State system. If the gas tax had not been vetoed, this figure would have been $10,000,000 which would have represented a $2,500,000 increase over the previous year.

... $ 2,500,000 was spent on the federally required bridge inventory. To be added to routine maintenance.

... $ 2,000,000 Salary increases for merit and non-merit maintenance personnel. To be added to routine maintenance for a total of $18,500,000.

... $ 2,200,000 was spent for centerline painting.

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... $ 1,300,000 was budgeted for truck inspection and weighing.

The maintenance department is currently operating with less money than in 1968-69, while costs have risen 17% in this two-year period.

The maintenance department, though its finances are less than necessary for optimum performance, has, nevertheless, managed to institute new and efficient ideas: The department established a "pavement design committee" which is en gaged in the study of methods for cutting down future costs of maintenance by superior design techniques. The committee's ultimate goal is to invent and im plement preventative maintenance by design, thus saving manpower, resources and tax dollars; also, new procedures are being implemented in all divisions to improve equipment and inventory control methods and shop operations.

RECOMMENDATIONS
1. Visits to and inspections of highway maintenance facilities have demon strated to the Committee that the maintenance department is operating at peak efficiency; there is little or no waste. Still, there are a multitude of worthwhile and needed programs which are not being handled by the maintenance depart ment (i.e., passing lanes, widening of existing highways to accommodate the new breed of car and driver, and repairing) because of lack of money. The Committee strongly recommends that the General Assembly, in its wisdom, provide a method or methods for increasing the budget of the maintenance department.
2. The Committee recommends that the floor salary for non-merit system maintenance department employees be increased by $25.00 per month, i.e., from the present $318.50 to $343.50 per month for rural employees, and from the present $338.50 to $363.50 per month for urban employees.
The Committee also recommends a one-step salary adjustment for all field merit system maintenance employees. This is to be in addition to any annual increase ordinarily due them.
3. The Committee recommends that a Joint House-Senate Truck Weight Study Committee be created to ascertain whether or not Georgia's truck weight laws are proper, and whether or not they are being properly enforced.
4. The Committee encourages the officials of the State Highway Department to consult with the Attorney General for the purpose of devising a legal plan for ridding the highway rights-of-way of abandoned and junked automobiles.
5. The Committee urges the sheriffs, State patrolmen, city police and other law enforcement officials of Georgia to enforce the provisions of the 1970 Litter Control Law, found in 1970 Ga. Laws, p. 494. The Clerk of the House of Repre sentatives is requested to send a copy of this report to the Executive Directors of the Georgia Sheriffs Association, the Georgia Peace Officers Association, and the Department of Public Safety.

INTERIM COMMITTEE REPORTS

3279

This report was discussed by the Chairman and members of the Committee with the Honorable Bert Lance, Director, State Highway Department, and members of his staff.
Respectfully submitted,
/s/ Nathan Dean Nathan Dean, Chairman Representative, 19th District
/s/ R. A. Dent R. A. Dent Representative, 79th District
/s/ John H. Hadaway John H. Hadaway Representative, 27th District
/s/ Hugh Lee McDaniell Hugh Lee McDaniell Representative, 117th District
/s/ Will Poole Will Poole Representative, 10th District
/s/ Howard Simmons Howard Simmons Representative, 4th District

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
********

REPORT OF THE INTANGIBLE TAX LAWS STUDY COMMITTEE
(House Resolution No. 945)

******** THE COMMITTEE

Honorable Quimby Melton, Jr. Representative, 32nd District Chairman Honorable Rodney M. Cook Representative, 95th District

Honorable L. L. Phillips Representative, 50th District Honorable Burton M. Wamble Representative, 69th District Honorable Joe T. Wood Representative, llth District

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JOURNAL OF THE HOUSE,

January, 1971

INTRODUCTION
The Committee was created pursuant to House Resolution 945 and has charged with the responsibility of reviewing the entire structure of the intangible tax laws of this State and making recommendations to the 1971 General Assembly for needed revisions and changes thereon.

The Committee commenced its study by reviewing the impact, enforcement and effectiveness of the intangible tax as it is now imposed and administered. The Committee heard from representatives of the State Revenue Department and other interested parties.

FINDINGS
(1) The Committee finds that the intangible tax can be a meaningful source of revenue to the counties and municipalities of this State.
(2) The rates of taxation for the various classes of intangibles are relatively low when compared with surrounding states.
(3) The intangible tax, as it is presently written, is not reasonably enforce able at this time.
(4) It is virtually impossible, from a practical standpoint, to repeal the intangible tax.
(5) The Committee found that many taxpayers were hesitant to file returns because, from examining county tax digests, it is relatively easy for the magni tude of their investments to be determined.

RECOMMENDATIONS

(1) The stock of domestic corporations should be taxed in the same manner as foreign corporations.

(2) The rate of taxation on cash should be increased to 50^' per housand.

(3) Banks and other savings institutions should be required to report to the State Revenue Department a list of their depositors and the amount of money on deposit as of January 1 of each year.

(4) A minimum penalty should be imposed of $5.00 or 25% of the tax due, whichever is greater.

Respectfully submitted,

/s/ Quimby Melton, Jr. Quimby Melton, Jr. Representative, 32nd District

/s/ L. L. Phillips L. L. Phillips Representative, 50th District

/s/ Rodney M. Cook Rodney M. Cook Representative, 95th District

/s/ Burton M. Wamble Burton M. Wamble Representative, 69th District

/s/ Joe T. Wood Joe T. Wood Representative, llth District

INTERIM COMMITTEE REPORTS

3281

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
********

REPORT OF THE SENATE AND HOUSE COMMITTEES TO STUDY THE FEDERAL MINE, HEALTH AND SAFETY ACT

THE SENATE COMMITTEE

Honorable Stanley E. Smith, Jr. Senator, 18th District Chairman Honorable W. W. Fincher, Jr. Senator, 54th, District

Honorable Paul C. Broun Senator, 46th District Honorable Culver Kidd Senator, 25th District Honorable Frank C. Vann Senator, 10th District

THE HOUSE COMMITTEE

Honorable Carlton H. Colwell Representative, 5th District Chairman Honorable Joe Frank Harris Representative, 10th District

Dr. Jack A. Wheeler Representative, 18th District Honorable Walt Davis Representative, 75th District

December 1970 INTRODUCTION

The Senate Committee to Study the Federal Mine, Health and Safety Act was created by the President of the Senate pursuant to the general authority vested in him under SR 3. The House Committee to Study the Federal Mine, Health and Safety Act was created by the Speaker of the House of Representa tives pursuant to the general authority vested in him under HR 3. The Com mittees were charged with the responsibility of investigating the Federal Metal and Nonmetallic Mine Safety Act, Public Law 89-577, 30 U.S.C., Section 721, et seq. The Committee were specifically directed to consider the feasibility and desirability of legislation providing for the exemption of Georgia's metal and nonmetallic mines, excluding coal or lignite mines, from the operation of the Federal Metal and Nonmetallic Mine Safety Act, and the rules, regulations and standards adopted pursuant thereto by the United States Secretary of the In terior, and place the responsibility for the inspection of such mines and the development of health and safety rules, regulations and standards within the scope of state responsibility. The Committees, in the event that legislation was

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JOUENAL OP THE HOUSE,

deemed desirable, were charged with the responsibility of recommending the necessary legislation for the purpose of exempting said mines from the provi sions of the Federal Act. The Committee was further charged with the responsi bility of submitting a report of its findings and recommendations to the 1971 Session of the General Assembly.

THE COMMITTEES' INVESTIGATION
In conducting their investigation the Senate and House Committees to Study the Federal Mine, Health and Safety Act met in joint session with representa tives of the Georgia Department of Mines, Mining and Geology, the U.S. Bureau of Mines, the Georgia Surface Mined Land Use Board, the State Board of Workmen's Compensation, the Georgia Business and Industry Association, the mining industry and the general public. The Committees carefully considered the Federal Metal and Nonmetallic Mine Safety Act, Public Law 89-577, 30 U. S. C., Section 721, et seq. and the rules, regulations and standards adopted pursuant thereto by the United States Secretary of the Interior. In its delibera tions the Committees discussed with representatives of the mining industry, the Georgia Department of Mines, Mining and Geology, and the U. S. Bureau of Mines the alternatives to federal regulation and inspection of Georgia's mines. It was brought to the attention of the Committees that there are approximately 1,000 mines in the State of Georgia, of which 300 are operating mines. These mines are currently regulated and inspected under the provisions of the Federal Metal and Nonmetallic Mine Safety Act. The Federal Act provides for state participation in the administration of the Federal Act in the event that the State adopts an acceptable mine safety plan. The Committees learned that the Honorable Lester G. Maddox, Governor of Georgia, has designated the Georgia Department of Mines, Mining and Geology as the official mine inspection agency for Georgia and has charged said Department with the responsibility of developing an acceptable plan.
In making its study the Committees also examined legislation adopted in several other states which have state plans for administering the federal mine, health and safety regulations, with a view toward the possibility of incorporating into Georgia's plan the best features of said plans. In this connection the Com mittees specifically examined the mining laws of the States of Arizona and Colorado.
The Committees also investigated the placement of the various responsibili ties created by such legislation within the framework of existing state depart ments, agencies, and boards with a view toward obtaining the maximum ef ficiency and economy in the administration of any necessary state legislation, and the rules, regulations and standards adopted pursuant thereto.
FINDINGS OF THE COMMITTEES
The Committees are of the opinion that the inspection and regulation of the mines and mining industry of Georgia can best be handled by the State Govern ment. The Committees feel that the State of Georgia is better qualified to handle the problems of health and safety in mines which are unique to the State of Georgia. The Committees further find that it will be to the advantage of the mining industry and the employees thereof to have access to a state appellate procedure, rather than a system of federal appeals from decisions, orders, rules, regulations and standards, which particularly concern the Georgia mining in dustry and employees thereof.

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3283

CONCLUSIONS AND RECOMMENDATIONS

The Committees conclude that it is in the best interest of the State of Georgia that legislation be enacted which would permit the administration of the inspection and regulation of the mining industry and the protection of the health and safety of the employees therein by the State of Georgia rather than by the Federal Government. The Committees, therefore, recommend to the General Assembly the enactment of the legislation which the Committees have prepared and which will be introduced in the 1971 Session of the General As sembly of Georgia.

Respectfully submitted,

/s/ Stanley E. Smith, Jr. Honorable Stanley E. Smith, Jr. Senator, 18th District Chairman
/s/ W. W. Fincher, Jr. Honorable W. W. Fincher, Jr. Senator, 54th District

/s/ Frank C. Vann Honorable Frank C. Vann Senator, 10th District
/s/ Carlton H. Colwell Honorable Carlton H. Colwell Representative, 5th District Chairman

/s/ Paul C. Broun Honorable Paul C. Broun Senator, 46th District

/s/ Joe Frank Harris Honorable Joe Frank Harris Representative, 10th District

/s/ Culver Kidd Honorable Culver Kidd Senator, 25th District

/s/ Jack A. Wheeler Dr. Jack A. Wheeler Representative, 18th District

/s/ WaltDavis Honorable Walt Davis Representative, 75th District

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS ********
REPORT OF THE SUBCOMMITTEE ON THE MOTOR VEHICLE INSPECTION LAW
OF THE HOUSE MOTOR VEHICLE COMMITTEE

THE SUBCOMMITTEE

Honorable J. R. Smith Representative, 39th District Honorable G. D. Adams, Jr. Representative, 100th District

Honorable Will Poole Representative, 10th District

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December, 1970

In 1970, the General Assembly incorporated within the Motor Vehicle In spection Laws several additional requirements. Because of these additions, several administrative changes in the inspection procedures were directed by the Department of Public Safety. Because of these changes, many complaints were received from inspection state operators throughout the State. This Sub committee was created for the purpose of looking into complaints received by the Motor Vehicle Committee.

The questions and complaints most frequently voiced fell within the follow ing categories:

(1) Are inspectors going to be required to remove a wheel from new motor vehicles for inspection purposes?

(2) Is it going to be necessary to remove all four wheels for inspection purposes?

(3) Is it necessary to reject vehicles whose tail pipes did not protrude' to the center of the rear end of a vehicle?

(4) Is it necessary that dealers place a new sticker on all motor vehicles sold by them, regardless of the fact that a sticker might be on the vehicle and several months would expire prior to its expiration?

(5) Are the emergency brake provisions to be strictly enforced on all motor vehicles and, in particular, with reference to motor vehicles of earlier vintage?

(6) And, finally, inspection stations are instructed by the Department of Public Safety to remove a current sticker from all motor vehicles which the inspector could not pass. Several inspectors question the propriety of that practice.

The Committee met with appropriate representatives of the Department of Public Safety charged with the responsibility of administering the Motor Vehicle Inspection Law in order to gain clarification and answers to the above questions and complaints. In addition, the Committee, in conjunction with the Governor's Traffic Safety Study Committee, attended that Committee's public hearings throughout the State in an attempt to gather as much information as possible concerning needed changes in the Motor Vehicle Inspection Law.

FINDINGS AND RECOMMENDATIONS
Based upon the investigation of the Committee and information passed on to the Subcommittee from the Department of Public Safety, the Committee makes the following comments upon the questions and complaints most frequently received:
(1) The Department of Public Safety will not require that a wheel on a new motor vehicle be removed for inspection purposes.

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(2) It will be necessary only for one wheel on used motor vehicles to be removed for inspection purposes.

(3) The Department of Public Safety informed the Committee that the exhaust systems of motor vehicles are acceptable if the tail pipe protrudes to the rear of the passenger compartment of the motor vehicle. There is no re quirement that the tail pipe protrude from the center of the rear end of the vehicle.

(4) The Motor Vehicle Inspection Law requires that no dealer shall sell at retail any vehicle subject to inspection unless the dealer shall have said vehicle inspected and a current official inspection certificate obtained for such motor vehicle. According to the interpretation given to the Committee by its counsel, this requires that at the time of the sale of a motor vehicle it must have thereon an inspection sticker which will be valid for the ensuing 12 month period.

(5) The Committee found that there is indeed a problem for some motorists whose emergency brakes are in need of repair. This hardship is due to the unavailability of replacement parts for many of these vehicles. In order to avoid undue hardship which would ensue for many owners of older automobiles, the Committee recommends that the Department of Public Safety employ reason able discretion in enforcing these particular provisions of the Motor Vehicle Inspection Law in regard to the emergency brakes of motor vehicles where replacement parts are not readily available.

(6) The Committee finds no authority for the Department of Public Safety to require that the inspector remove a current valid inspection sticker from any motor vehicle which the inspector is unable to pass. In the absence of clear and specific authority for this requirement, the Committee recommends that the Department of Public Safety delete this requirement.
CONCLUSIONS
The Subcommittee recommends to the full Committee that the members of the Committee, on an individual basis, continue to interview inspection station operators in order to determine the practicality of administering the Motor Vehicle Inspection Law as written, and as deficiencies are noted which require legislative attention, that the General Assembly act quickly prior to the ad journment of the 1971 session in order to correct any deficiencies found in the Motor Vehicle Inspection Law.
Respectfully submitted,
/s/ J. R. Smith J. R. Smith Representative, 39th District
/s/ G. D. Adams, Jr. G. D. Adams, Jr. Representative, 100th District
/s/ WillPoole Will Poole Representative, 10th District

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE
MULTIFAMILY -- MOBILE HOMES TAX STUDY COMMITTEE
********
THE COMMITTEE

Honorable Robert H. Bell Representative, 73rd District Chairman Honorable C. Ed Berry Representative, 85th District Honorable Kent Dickinson
Representative, 118th District

Honorable Morriss W. Ellis Representative, 91st District Honorable Arch Gary Representative, 21st District Honorable Hugh Jordan Representative, 74th District

December 1970

INTRODUCTION

The Speaker of the House of Representatives created the Committee pur suant to his authority under House Resolution No. 3. The Committee was created for the purpose of making a study of the various factors relative to the taxation of mobile homes, single family and multifamily dwellings.

To assist the Committee in its study, a task force of professors and graduate students from the Georgia Institute of Technology was employed. This task force developed the basic statistical data for the Committee's report. Financial support for the Georgia Tech study was provided by Honorable Lester Maddox, Governor of Georgia, from his emergency fund.

The Committee also held a series of public hearings at which testimony was heard from State and local government officials, economists, representatives of private associations and the general public. These hearings were not only open to the public, but all interested persons were urged to attend through press releases distributed to the news media. The attendance at these hearings clearly indicated a keen interest in the subject matter under consideration.
The Committee was also invited to appear as a unit in a panel discussion at the Better Informed Public Officials Conference sponsored by the Association County Commissioners of Georgia.

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From the beginning, this Committee recognized the need for providing low cost housing, and that the mobile and modular home industries, as well as the apartment industry, are helping to meet this need. The central problem with which the Committee dealt was the effect of low value housing units on county fiscal capacity.

FINDINGS

It was the assignment of the Georgia Tech task force to make a cost-revenue analysis for a representative cross-section of housing in three selected Georgia counties. The variable costs of providing local public services to this cross-section of housing was isolated from the fixed costs. These variable costs were then added to the nonvariable costs to derive the total actual cost of local public services provided for each housing unit studied. This analysis was completed for each dwelling category studied, by both value and type.

Total tax revenue generated from each dwelling unit studied laws also determined. Revenue per dwelling unit included actual revenue from personal and property taxes, plus an appropriate share of miscellaneous revenues collected.

Comparison of the total cost of services per dwelling unit, with the actual revenue per unit, clearly shows the impact of each particular housing unit studied upon the fiscal capacity of the county involved. It is upon this factual analysis that the Committee's report and recommendations have been based.

Because of its scope and detailed analysis, only selected tables of the Georgia Tech Study have been included in Appendix I of this report. However, copies of the complete report are available through the Office of Legislative Counsel. The Committee urges each interested legislator to secure a copy and familiarize himself with its contents.

The Georgia Tech Study should be a landmark in providing a cost-revenue basis for local governments in dealing with the problems of planning and zoning in Georgia. Admittedly, it is neither as broad nor as deep as would be desirable, but the information developed is highly significant. As the tables in Appendix I show, the deficits pinpointed by the Tech Study are cause enough for concern. When these deficits are placed in the broader context of current trends toward multifamily, modular, and mobile homes, the longer-run consequences become even more ominous.
Ad valorem tax rates are set so that their application to all taxable property produces a sufficient amount of revenue to meet budgeted expenses not covered by other sources of revenue. Since the ad valorem tax is a tax "according to value" and does not relate to services received, some property owners with high valued property pay more in taxes than they receive in the form of local govern ment services, while others pay less than the amount required to provide these services.
The composition of the housing market is changing because traditional building techniques have failed to produce an adequate supply of single family housing. As a consequence, multifamily, modular and mobile homes have been of increasing importance in filling this need. The increase in the number of these low tax value housing units has serious implications for local fiscal capacity. As the proportion of low value dwellings increases in a local govern-

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merit jurisdiction, it necessarily follows that a higher ad valorem tax rate will be required just to maintain the present level of services. When the changing composition of housing is added to the rising cost of local services, the pressure for higher ad valorem taxes begins to build at an accelerated rate. This is precisely the problem facing taxpayers in many Georgia counties.

To better understand the changing patterns in today's living styles, the Committee gathered additional information as to what is actually happening to housing in Georgia.

Mobile Homes
The Georgia Tech Study dealt only with a cost-revenue relationship. Because it showed a serious deficit for mobile homes in this relationship, the Committee felt that a look at the expected growth of the mobile home as a segment of total housing was certainly warranted. Even a glance at the industry statistics is startling:

1. Mobile home production in the United States reached 412,000 units in 1969, an increase of 30% over record 1968 production.

2. In 1969, mobile homes accounted for 94% of all single family homes sold under $15,000.00.

3. In 1969, mobile homes amounted to nearly 50% of the 860,690 single family homes sold at any price.

4. The two age groups of the population which are the prime market for mobile homes, the 18 to 34 and over 55, are increasing faster than the popula tion as a whole.

The national statistics on mobile homes are reflected in the State of Georgia by two recent articles: The Atlanta Economic Review, a publication of Georgia State University, in its August 1970 issue, stated that, "Georgia, in a relatively short period of time, has emerged as the nation's second largest producer of mobile homes". Further, it reported that there were already 6,700 occupied mobile homes in metropolitan Atlanta. Assuming the deficits on mobile homes in DeKalb County (approximately $275 loss per year, per unit, see Appendix I, Table 8) apply throughout the Atlanta area, the tax drain on metropolitan Atlanta local governments from mobile homes already amounts to 81,842,500 annually.

A recent story in the Atlanta Constitution (October 12, 1970) quotes a January 1970 study which shows the need for an additional 6,500 mobile home sites in metropolitan Atlanta to fill the demand for low cost housing. Using the same deficit of $275 per unit, this would amount to another loss of $1,787,500, or a total net loss in revenue of $3,630,000 per annum for the local governments in the metropolitan Atlanta area if the demand for mobile homes is filled.
For the State of Georgia, it has been estimated that there are approximately 29,000 occupied mobile home units. Again, using the DeKalb County deficit of approximately $275 per unit, these mobile homes would cause a tax drain on local governments in Georgia of approximately $8,000,000 annually, an amount

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almost equal to 33% of the total State grants to all counties and municipalities in Georgia for fiscal 1971.

In addition to the deficits already noted, there are some serious problems in the administration and collection of taxes on mobile homes. At the present time, with some exceptions, mobile homes are taxed as personal property. Thus, taxes on mobile homes are collected annually, with tax liability based upon location within the State on January 1. Therefore, short-term residents of the State living in mobile homes might escape all personal property taxes if they were not located in the State on January 1. The extent to which this situation occurs is not known. It is clear, however, based on testimony heard by the Committee, that many local public officials are concerned with this problem. Closely as sociated with this problem of noncollection of taxes under the present tax statutes, there is also the problem of having mobile homes registered for tax purposes. Annual permits are not mandatory in all counties, thus, it becomes very difficult to know how many mobile homes are even subject to taxation. In some cases, the mobile home becomes real property and, as such, becomes eligible for the homestead exemption. In either instance, however, under our present taxing laws, mobile homes represent a substantial net drain on local public fiscal capacity. Even under ideal circumstances, with the full collection of all taxes due on mobile homes, the revenue generated would still be far short of the costs of public services they require.

Apartments
Most multifamily dwellings, as pointed out in the Georgia Tech Study, are also causing a serious tax drain on county governments. This is easily demonstrated when the value per apartment unit is understood. Fair market value for apartments is, in reality, a reflection of the total annual rent. Con sequently, the value per unit is relatively easy to determine. The assessed value of apartment units tends to be considerably lower than the assessed value of single family homes. (See Appendix II). As an example, high rent luxury apart ment units in DeKalb and Chatham Counties were found to have an assessed value approximating that of homes in lower priced subdivisions in both counties. When it is realized that "ad valorem" is a tax on value, and the assessed value of apartment units is low, it becomes immediately clear why apartments have an adverse effect on a cost-revenue relationship.

Apartments have shown a steady growth rate as a percent of new housing units. For example, in DeKalb County, they rose from 7.2% in 1960 to 51.2% in 1969 of the residential building permits issued. During the first six months of 1970, apartments jumped to nearly 70% of the total new residential permits. The fiscal consequence from this steady increase in low value housing on DeKalb County's fiscal capacity is obvious.

The total number of apartments in the State of Georgia is difficult to deter mine. In April 1969, the Atlanta Metropolitan Regional Planning Commission estimated there were 186,488 apartment units in the metropolitan Atlanta area. Using this figure as a base, the Committee felt that 200,000 apartment units for the State was a very conservative, though acceptable, estimate.
Assuming the cost-revenue relationship for all apartments would average $116 loss per year, (which was the loss for medium priced apartments in DeKalb County) the total tax revenue drain from apartments is a staggering $23,200,000 annually ($200,000 x $116). When that amount is added to the $8,000,000 loss

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for mobile homes, the total exceeds by almost 25% the amount of State grants to cities and counties in the current fiscal year.

While the above is a crude estimate, it nevertheless serves to illustrate the magnitude of this problem.

FINANCING LOCAL GOVERNMENT

Under our present system of government, it is the mission of the local arm to provide those services which are thought to be local in nature. Historically these services have included education, fire and police protection, health and welfare, construction and maintenance of public buildings and roads, water and sanitation, planning and zoning, and local courts. Because of the limited taxable resources available to local governments under our present tax structure it is becoming increasingly difficult for them to meet their responsibility in pro viding these services. In this connection, the Committee found specific examples relative to this problem as pointed out in the following paragraphs.

Many school systems in Georgia are operating at the maximum constitutional limit of 20 mills on a statutory limitation of 40% of fair market value and will soon find themselves in an impossible financial position. The cost per student is increasing, compounded by an increasing total enrollment. Further complicat ing the problem is the Minimum Foundation Program of Education with a builtin local support escalator as well as a steady increase in State support which, in itself, requires automatic increases in local support. Any one of these factors would create a serious financial problem. Together, they can and will have a disastrous effect on a school system. Ironically, local citizens might be quite will ing to increase their tax contribution through sources other than property taxes if those sources were available.

The impact of land use changes upon a school system's present facilities also creates problems which are often not anticipated because the land use change was not expected or considered in planning. For example, a school building that was built in anticipation of a population based on single family dwellings may become completely overloaded in one year if land use in the school's area is changed to multifamily dwellings or mobile homes.
In the area of general government, the results of increasing needs for services contrasted with growing numbers of low value housing, is having similar effects. R. S. "Rock" Howard, Executive Secretary, Georgia Water Quality Control Board, testified before the Committee that changing population densities through rezoning was seriously overloading sewage lines and treatment facilities in many areas. Mr. Howard also pointed out that stripping trees and underbrush from the terrain to accommodate huge apartment complexes and shopping centers was overloading storm sewers, thus leading to pollution of streams and flooding of areas that had never before been susceptable to flooding.
A police official who testified before the Committee stated it was his ex perience that high population density complexes required more police services than the same number of people living in single family dwellings .
Rising population densities also place a strain on other facilities and services. For example, streets designed for population growth projected on the basis of single family dwellings become wholly inadequate when the actual population

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growth is based on high density multifamily complexes. Similar problems are being encountered in providing fire and sanitation services.

PROJECTED REVENUE GAP
The present and expected gap between revenues and expenditures at the local level is supported by the findings of the Georgia Tax Revision Commission in its 1967-68 study which estimated that a $390,000,000 gap between expendi ture and revenue will develop at this level by 1976-77. (See Table 6, page 16 of "Summary of Research Reports to the Georgia Tax Revision Commission", January, 1969). Subsequent checks of the projections of the Tax Revision Com mission confirm the overall reliability and accuracy of their estimates.
Local governments in Georgia are presently not permitted to use a broader measure of ability to pay than that indicated by ownership of real property. A consequence of this is that persons occupying low value apartments and mobile homes generally contribute less to the support of local government than do homeowners even though both may be otherwise alike as to family size and gross income level. As the revenue needs at the local government level rise, either an increase in regressive ad valorem levies or higher State grants become necessary. The general treasury of the State, however, is itself heavily financed by the regressive sales tax. As ad valorem tax rates rise, pressure mounts to finance a larger proportion of local public services from the State's general treasury. As local governments look more to the State for funding, an increase in the State sales tax seems very probable. An alternative to this reliance upon regres sive taxation would be to allow local governments an optional income tax. This would open for them a more elastic and progressive tax revenue source.
LAND USE PLANNING
While the Committee's study was primarily concerned with the tax structure as it relates to the problem of financing local government services, the power to control land use bears a direct relationship to the problem, and further considera tion should be given to the subject.
The authority to control land use is unquestionably one of the most important powers that local governments have been allowed to exercise* The exercise of this power involves an awesome responsibility because of its long-term as well as short-term consequences. Moreover, the exercise of this power infringes upon private property rights, and the recognition of the power as a legitimate govern mental function is of relatively recent origin in the Untied States. In this con nection, however, it is interesting to observe the rapid development of the principle of government regulation of land uses.
The concentration of people in relatively small areas caused the initial recognition of the necessity for controlling land use, but until recently, the power has been exercised almost entirely at the local level of government. With our ever increasing population, however, and ever greater concentrations of people in hugh urban complexes, the States and the national government are beginning to recognize a need for land use planning at all levels of government. Indeed, several states have already enacted legislation on the subject, and na tional land use proposals are under consideration in the United States Congress.
President Nixon, in his August 1970, "Message to Congress" made the follow ing observations, among others, on the subject of land use planning:

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"We have treated our land as if it were a limitless resource. Traditionally, Americans have felt that what they do with their own land is their own business. This attitude has been a natural outgrowth of the pioneer spirit. Today, we are coming to realize that our land is finite, while our population is growing. The uses to which our generation puts the land can either expand or severely limit the choices our children will have. The time has come when we must accept the idea that none of us has a right to abuse the land, and that on the contrary, society as a whole has a legitimate interest in proper land use. There is a na tional interest in effective land use planning all across the nation.

"I believe that the problems of urbanization which I have described, of re source management, and of land and water use generally can only be met by comprehensive approaches which take into account the widest range of social, economic, and ecological concerns. I believe we must work toward development of a National Land Use Policy to be carried out by an effective partnership of Federal, State and local governments together, and, where appropriate, with new regional institutional arrangements." (Environmental Quality, The First Annual Report of the Council on Environmental Quality, August 1970, p. xii-xiii).
Although the State and national implications of land use planning are cer tainly worthy of comment and consideration, at the present time the authority is still exercised by local governments in Georgia, and the Committee believes that the following points should be considered by these governments.
First of all, since land use planning does deny a person the unrestricted use of his own property, the only rational basis for the exercise of this power has been for it to be of benefit to the maximum number of people in the jurisdiction exercising the power.
The Committee believes that this principle should be broadened to include the general welfare of the maximum number of people, irrespective of the jurisdictional lines involved. Within these broadened restraints, the Committee feels that land use changes should still remain a responsibility of local govern ments.
As a second point, the Committee would caution local authorities to consider the implications of recent Federal and State directives in the area of pollution abatement. Local approval of land use changes that result in the creation of greater pollution problems are a legitimate concern of the State, and aggressive enforcement policies at the State level are both likely and anticipated.
Another point that should be recognized is that it is the duty of those who make decisions on land use to draw on all available facts and other reliable in formation that might be of assistance in reaching a wise decision. The Com mittee sincerely hopes that this report and the Georgia Tech Cost-Revenue Study make a contribution to the methodology that these decision makers utilize. Perhaps more importantly, the Committee further hopes that this report and the Tech Study will lead to other cost-revenue analyses that will make greater contributions to our overall knowledge of planning. Certainly, these decision makers must have a clear awareness of the effect planning decisions will have upon local public fiscal capacity.
Finally, it should be recognized that the people who are affected by land use changes not only have the right but the duty as citizens to give the decision makers the benefit of their thoughts on the subject.

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CONCLUSIONS

The consequences of changing styles in residential living contrasted with an unchanging structure of taxation is creating fiscal havoc at the local govern ment level in Georgia. On one hand, governing authorities are faced with spiraling costs brought on by shifting populations and increased demands for new services. On the other hand, these same governing authorities are faced with a demand for an increasing number of low value housing units that produce in sufficient revenues to finance the services they require.

While it is recognized that apartments are essentially an urban phenomenon, it would be a mistake to assume the fiscal dilemma facing local government is limited to urban areas. The growing acceptance of the modern mobile home as a permanent residence will undoubtedly impact rural communities just as severely as apartments have hit the urban and suburban areas.

This dilemma addresses itself to both levels of government in Georgia. At the local level, unless revenue relief is obtained, some jurisdictions may be forced to consider eliminating further development of low value housing through highly restrictive zoning. Even though such restrictive zoning would be beneficial to local fiscal capacity, this alternative would not be acceptable to local govern ments, this Committee or the General Assembly of Georgia which is firmly on record as supporting the National Housing Goal of a "decent home" for every American family. (See HR 554-1121, 1970 session).

At the State level, the General Assembly is faced with a relatively simple choice. Either it must share taxing authority with local governments, which are experiencing the fastest rise in tax needs, or it must assume a greater propor tion of the cost of financing local services. Therefore, the question which needs to be faced by the General Assembly is: "Shall the level of government that spends be the same level of government that taxes?".

Although this Report opened with a recognition of the need for low value housing, the present tax structure for local governments in Georgia is simply not capable of allowing many of them to continue to accommodate this type housing. As a result, to continue changing land uses for an ever greater per centage of low value housing before the tax structure is reformed can only be considered fiscally unwise. In short, the need for low value housing demonstrates a parallel and compelling imperative for tax reform. Without this needed tax reform, local governments that persist in making such land use changes may find themselves faced with a homeowner's revolt and a financial crisis.

RECOMMENDATIONS

As a result of its findings and studies, the Committee urges that the follow ing recommendations, which are separated into recommendations to the General Assembly and those to local governments, be given serious consideration.

Recommendations to the General Assembly
1. That the General Assembly consider enacting legislation to broaden the tax base of local governments. In connection therewith, the Committee further recommends that the following possible sources of revenue for local governments be considered:

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A. A local option sales tax.

B. A local option income tax.

C. A local option tax on alcoholic beverages by the drink.

D. A local option tax on hotel and motel rooms.

E. A local option tax on entertainment.

2. As a supplement to Recommendation 1, the Committee recommends that the General Assembly consider transferring to the State a larger share of the cost of those services provided locally, the benefits of which accrue to the public at large. Among these might be education, State police patrol of State highways within municipalities and water pollution abatement facilities.

3. That the General Assembly consider enacting legislation that would re quire land use changes to be coordinated with State level environmental quality agencies to determine that existing pollution abatement facilities will accom modate such changes or to require the construction of additional pollution abate ment facilities in connection with approving the land use change.

4. That the General Assembly consider enacting legislation that would re quire land use changes to be coordinated with contiguous governmental jurisdic tions that would be affected b yapproval of the land use change.

5. That the General Assembly consider enacting legislation to strengthen the laws relative to the taxation of mobile homes by requiring that:

A. Mobile home owners be required to have a decal from the local taxing authority to locate the mobile home within its taxing jurisdiction and that the payment of all taxes due on the mobile home be made a condition precedent to the issuance of the decal.

B. Mobile home owners be required to obtain a permit from local taxing authorities to move the mobile home from one location to another and that the taxing authority be required to notify the taxing authority of the jurisdiction in Georgia where the mobile home will be relocated.

Recommendations to local governments
1. That planning and zoning commissions and local governing authorities refer to all available facts and information in making land use change decisions to the end that such change will be of long-term benefit to the majority of the people of the local jurisdiction involved and that such change will not have a detrimental affect on the people of other jurisdictions.
2. That better coordination and cooperation be established at the local government level between departments that must furnish services and the au thorities which approve land use changes to the end that the results of any such change will be fully expected by the departments affected and that such departments will have sufficient time to plan accordingly.

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3. That any land use change be immediately reported to local taxing au thorities since such changes almost invariably result in higher property values for the land rezoned.

ACKNOWLEDGEMENTS

The Committee acknowledges with sincere appreciation the following per sons whose cooperation and assistance made this Report possible:

1. Honorable Lester Maddox, Governor of Georgia.

2. Professor Malcolm G. Little, Graduate City Planning Program, Georgia Institute of Technology.

3. Professor Roger P. Rupnow, Graduate City Planning Program, Georgia Institute of Technology.

4. Dr. John R. Kaatz, Associate Professor of Economics, Georgia Institute of Technology.

There were many other persons who cooperated with and assisted the Com mittee, including the staff of the Graduate City Planning Program at Georgia Tech, State and local public officials and employees, and private citizens. Finally, the staff and members of several organizations, including the Association County Commissioners of Georgia, the Georgia Municipal Association, the Homebuilder's Association of Metropolitan Atlanta, and the Atlanta Apartment Council were very cooperative with and helpful to the Committee.
Respectfully submitted,
/s/ Robert H. Bell Robert H. Bell, Chairman Representative, 73rd District
/s/ C. Ed Berry C. Ed Berry Representative, 85th District
/s/ Kent Dickinson Kent Dickinson Representative, 118th District
/s/ Morriss W. Ellis Morriss W. Ellis Representative, 91st District
/s/ Arch Gary Arch Gary Representative, 21st District
/s/ Hugh Jordan Hugh Jordan Representative, 74th District

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APPENDIX I
COUNTY SUMMARIES FROM THE REPORT OF A
STUDY OF HOUSING DEVELOPMENTS AND THEIR EFFECTS ON COUNTY FISCAL CAPACITY
BY
Graduate City Planning Program Georgia Institute of Technology

Note: "Rev. per d.u." means, Revenue per dwelling unit. "Ex. per d.u." means, Expenditure per dwelling unit.

Development
Rev. per d.u.

Subdivisions

Wesleyan Woods 261

Whipporwill

Hills

94

TABLE 2 SUMMARY REVENUES -- EXPENDITURES BIBB COUNTY

General Government

Surplus

or

Ex.

Surplus

(Deficit) Rev.

per

or

as % of per

d.u.

(Deficit)

Expend. d.u.

Education

Ex.

Surplus

per

or

d.u.

(Deficit)

Surplus or
(Deficit) as % of Expend.

Rev. per d.u.

237

24

235

(141)

10.1 448 128 (60.0) 100 128

320 ( 28)

250.0 709 ( 21.9) 194

Mobile Home Parks

U. S. 41

63 199

Alderman

57 200

Macon

64 203

(136) (143) (139)

(68.3) 47 128 (71.5) 38 128 (68.4) 47 128

( 81) ( 90) ( 81)

( 63.3) 111 ( 70.3) 95 ( 63.3) 111

Any variation in numbers is due to rounding.

Totals

Ex.

Surplus

per

or

d.u.

(Deficit)

365

344

363

(169)

327

(216)

328

(233)

331

(220)

CttooO
00
Surplus or
(Deficit) as % of Expend.
94.2 j> (46.6) O
1
(66.1) a
(71.0) Ocin!. (66.5) H

TABLE 3 SUMMARY REVENUES -- EXPENDITURES CHATHAM COUNTY

xxtrv,
per d. u.

jiiA.
per d. u.

kJUl JJIUO
or (Deficit)

V LfdHZH,}
as % of Expend.

AVC V .
per d. u.

per d. u.

fcj Ull^JUO
or (Deficit)

V J-ICJ.I.I;IL ;
as % of Expend.

ixe v .
per d. u.

J^A.
per d. u.

ouiyiua

li^Gil^lL/

I--1

or

as % of i2|

(Deficit) ----E--x--pe--n--d.-- HM

Subdivisions

)-H

Bluff

385 226

Wilmington Park 308 227

Wilshire Estates 168 219

Lakeside

63 222

159 81
( 51) (159)

70.4 35.7 (23.3) (71.6)

262 127 204 127 104 127 27 127

135 77 ( 23) (100)

106.3 60.6 (18.1) (78.7)

647

353

512 354

272 346

90 349

294
158 ( 74) (259)

83.3 * 44.6 0 (21.4) j (74.2)

Apartments

Chalet

133 205 ( 72)

Spanish Villa

137 203 ( 66)

Carriage House 134 205 ( 71)

College Inn

105 207 (102)

Lakeside

99 204 (105)

(35.1) (32.5) (34.6) (49.3) (51.5)

77 127 81 127 78 127 57 127 53 127

( 50) ( 46) ( 49) ( 70) ( 74)

(39.4) 210 332 (122) (36.2) 218 330 (112) (38.6) 212 332 (120) (55.1) 162 334 (172) (58.3) 152 331 (179)

H H (36.7) w (33.9) M (36.1) 0 (51.5) H (54.1) W

Mobile Home Parks

Azalea Southside Vicks

63 208 47 204 50 203

(145) (157) (153)

(69.7) (77.0) (75.4)

24 127 14 127 16 127

(103) (113) (111)

(81.1) (89.0) (87.4)

87. 335 61 331 66 330

(248) (270) (264)

(74.0) (81.6) (80.0)

Note : Any variation in numbers is due to rounding.

CO

tcCooO

GS

TABLE 8

CoO

0

SUMMARY

REVENUES -- EXPENDITURES

DeKALB COUNTY

General Government

Education

Totals

Development Subdivisions

Surplus

Surplus

or

or

Rev.

Ex.

Surplus (Deficit)

Eev.

Ex.

Surplus (Deficit)

Rev.

per

per

as % of

per

per

or

as % of

per

d. u.

d. u. (Deficit) Expend.

d. u.

d. u. (Deficit) Expend.

d. u.

Surplus

or

Ex.

Surplus (Deficit)

per d. u

or (Deficit)

as % of Expend.

e-i

O

Kingsley

285 189

96

50.8 368 199 169

84.9

653

388

265

68.3 >

Drayton Woods 187 172

15

DeLeon East

128 179 ( 51)

Apartments

8.7 (28.5)

223 199

24

136 199 ( 63)

12.1

410 371

(31.7) 264 378

39
(114)

10.5 0
(30.2) K H

Stonecrest Woodlake

194 149 115 148

45 ( 33)

30.2 233 199 (22.3) 116 199

34 ( 83)

17.1 (41.7)

427 348 231 347

79 (116)

22.7 HOUSE, (33.4)

Peachtree Gardens 90 153 ( 63) (41.8)

78 199 (121) (60.8) 168 352 (184) (52.3)

Mobile Home Parks

Druid Hills

56 149 ( 93)

Burgess

50 151 (101)

George's

50 152 (102)

(62.4) (66.9) (67.1)

29 199 21 199 20 199

(170) (178) (179)

(85.4) (89.4) (89.9)

85 348 71 350 70 351

(263) (279) (281)

(75.6) (79.7) (80.1)

Note: Any variation in numbers is due to rounding.

APPENDIX II TOTAL ASSESSED VALUE BY TYPE OP DWELLING*

County Bibb

Subdivision
Wesleyan Woods
Whipporwill Hills

Average Assessed Value Per Unit Apartments

$15,500 4,865

None

Average Assessed

Average Assessed

Value Per Unit Mobile Home Parks Value per Unit

U. S. 41

$366.90

Macon

326.37

Alderman

141.52

Bluff

Chatham

Wilmington Park
Wilshire Estates

Lakeside Park

DeKalb

Kingsley Drayton Woods

DeLeon East

15,660 12,654 7,066

Spanish Villa Carriage House Chalet College Inn

$4,164 4,106 3,944 2,960

Azalea Vicks Southside

489.57

n

208.69

o

S

g
I--i

169.66

H

H

M

2,843 15,588 9,909 6,735

Lakeside
Stonecrest
Woodlake
Peachtree Gardens

2,778

TJ

O

8,734

Druid Hills Court

246.21

4,129

Georges's

197.28

2,768

Burgess

117.29

*Calculated by the Committee from information included in the Georgia Tech Study, Tables B-l-a, B-2-a and B-3-a,

pages 59, 63 and 67, respectively. Assessed value represents 40% of fair market value as shown on the tax records

of the counties involved.

CO CO
o

3302

JOURNAL OP THE HOUSE,

House of Representatives Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

********

REPORT OF THE RECREATIONAL FACILITIES SUBCOMMITTEE OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE

THE SUBCOMMITTEE

Honorable Hugh Lee McDaniell Representative, 101st District Chairman Honorable Paul E. Nessmith, Sr. Representative, 64th District Vice-Chairman

Honorable Joe S. Higginbotham Representative, 119th District Honorable William A. Sims, Jr. Representative, 131st District Secretary Ottis Sweat, Jr.
Representative, 83rd District

January, 1971

GENERAL RECOMMENDATIONS

The Subcommittee has considered the following recommendations very careifully and feels strongly that they should be followed with regard to the future development of our State Parks.

1. That the present State Parks be brought up to their fullest potential and that certain State Parks located in and around population centers of the State be expanded in acreage and facility development in order to meet the future visitation demands.

2. That any new lands that might be donated to, or otherwise acquired by, the State Parks Department, be accepted or acquired with the thought in mind of developing these new areas after the existing parks have been developed to their fullest potential.

3. That the State Parks Department establish as criteria a minimum of 500 acres for future State Parks. COMMENTS: The Subcommittee realizes the critical need for establishing additional parks in and around the populated cen ters of the State to meet future needs, but to assure sufficient acreage to proper ly develop and expand park sites, the minimum acreage recommended herein would be highly desirable. Smaller areas of unusual statewide interest with his torical, geological, ecological, archaeological or botanical significance should be preserved, and development should be limited and related directly to the outstand ing features. Areas under this category should be given serious thought and con sideration prior to acquiring same.

INTERIM COMMITTEE REPORTS

3303

4. That the per unit cost of overnight and vacation family facilities be studied and reevaluated and that steps be taken to reduce such per unit cost in order to expand facilities to meet the rapidly increasing demand. COMMENTS: This objective can be accomplished by developing standard plans and specifications which should be owned by the Department of State Parks. Two design themes should be used, one for the North Georgia area and one for South Georgia. This same type of procedure could be used on other standard type structures planned for future construction. The Subcommittee noticed several different cottage designs which lost the State a considerable amount of money in architectural and engineering fees.

5. That all future designs of park facilities be in keeping with the rustic atmosphere that one would expect to find in a State Park and that ultra-modern and multi-colored structures be discontinued.
6. That the Parks Department try to fulfill a need in every instance when selecting additional facilities for a park. COMMENTS: The Subcommittee does not think that any enterprise or venture should be undertaken by the Parks De partment when it would be in competition with private enterprise unless there is a definite need that cannot be filled by private enterprise.

7. That the State Parks Department discontinue any immediate future plans for the construction of regulation golf courses at any State Park throughout the Park System. COMMENTS: The Subcommittee feels that the construction and maintenance of golf courses is a local responsibility, and that monies allocated to the State Parks should be used to bring our existing State Parks up to standard and provide facilities to serve more visitors in other forms of outdoor recrea tion.

8. That Special emphasis be placed on expanding overnight tent camping facilities on State Parks. COMMENTS: The demand for these facilities is grow ing at a tremendous rate, because every year many more families take their vaca tions by using tents and trailers. According to statistics, these families spend considerable money while in the area which greatly benefits nearby communities.
9. That the State Parks Department contact all Federal agencies and State agencies concerned with the future development of recreational facilities in an effort to schedule periodical meetings for the purpose of familiarizing and co ordinating any future recreational developments planned throughout the State.

10. That the State Parks Department look into the feasibility of building larger trading posts at the various State Parks in the future in order to better accommodate the anticipated increase of visitors to the State Parks.

11. That the State Parks Department allocate additional effort and funds in order to increase and enhance its beautification programs for State Parks, especially around the park structures and entrance roads leading in to the parks.

12. That the present program for the construction of the stone entrances on State Parks be continued until all parks in the System have been completed. COMMENTS: The entrances already finished under this program are indeed at tractive and appealing to the park visitor.

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JOURNAL OF THE HOUSE,

13. That cooperation between the State Parks Department and the State Highway Department be increased in paving, maintaining and improving roads in the park system and that attempt be made to include a line item in future appropriations to the State Highway Department for building and maintaining roads within the park system in accordance with Ga. Code Ann. Section 43-126. COMMENTS: The Subcommittee found many roads in the parks to be in need of grading as well as paving. Many dirt roads would be sufficient if they were properly maintained.

14. That the State Parks Department, working in cooperation with the State Highway Department, devise a uniform system of informational signs to be placed along the major highways of the State giving the public adequate direc
tions to the location of the various State Parks.

15. That the State Parks Department made a study of all parks located ad jacent to the United States Forest Service lands in an effort to determine the amount of additional land which is needed to properly expand said parks. COM MENTS: The study should include the preparation of plats showing existing park areas and the area desired for future expansion. The United States Forest Serv ice should be encouraged to provide these additional lands, either by fee simple deed at no cost, or by a 50-year lease for same. When the recommended studies have been completed, the information should be furnished to the Subcommittee along with a request that a resolution be drafted and forwarded to the U. S. 'Forest Service encouraging the leasing or deeding of the additional lands de sired to the State Parks Department.

16. That the appropriation to the State Parks Department be increased, if necessary, to carry out the foregoing recommendations.

CONCLUDING REMARKS
1. The Subcommittee found that the superintendents and staff of all parks visited are very devoted to their work, all have the parks system at heart, and are doing an outstanding job.
2. The Subcommittee also found that the cooperation of the several depart ments in State government has been good and has done much to develop our parks. We wish to commend the heads and personnel of the Game and Fish Department, Highway Department, Purchasing Department, Forestry Depart ment, and Industry and Trade Department. The Subcommittee found that during this administration much has been done to bring about closer working conditions between departments which has led to better State government for the people of Georgia.
3. The members of the Subcommittee unanimously agree that the State Parks Department should be complimented on the visible signs of progress and improve ment, overall clean appearance, and general upgrading of the State Parks visited by the Subcommittee.
4. The Subcommittee also acknowledges with appreciation, the excellent co operation given to the Subcommittee in carrying out its duties by Mr. John L. Gordon, Director, Department of State Parks, Mr. Henry D. Struble, Deputy Director and other personnel of the State Parks Department.

INTERIM COMMITTEE REPORTS

3305

5. Attached as an appendix to this report are the findings and recom mendations of the Subcommittee relative to each individual park.
Respectfully submitted,
/s/ Hugh Lee McDaniell Hugh Lee McDaniell, Chairman Representative, 101st District
/s/ Paul E. Nessmith, Sr. Paul E. Nessmith, Sr., Vice-Chairman Representative, 64th District
/s/ William A. Sims, Jr. William A. Sims, Jr., Secretary Representative, 131st District
/s/ Joe S. Higginbotham Joe S. Higginbotham Representative, 119th District
/s/ Ottis Sweat, Jr. Ottis Sweat, Jr. Representative, 83rd District

APPENDIX
RECOMMENDATIONS AND COMMENTS OP THE SUBCOMMITTEE RELATIVE TO INDIVIDUAL STATE PARKS
INSPECTION TOUR OP THE NORTH GEORGIA STATE PARKS ON OCTOBER 13, 14, and 15, 1970
RED TOP MOUNTAIN
The Subcommittee recommends:
1. That the Department urge the U. S. Corps of Engineers to complete and turn over to the State, the Iron Hill area by the summer season of 1971. The Iron Hill camping area which is being constructed by the U. S. Corps of En gineers is a valuable addition to the camping operations at Red Top Mountain State Park.
2. That the garbage dump adjacent to the Iron Hill camping area be closed and a new land fill be established for the disposal of garbage for Red Top Mountain State Park and the Iron Hill area.
3. That a source of water be established on the park area sufficiently to supply all areas of the park operations by April 1, 1971.
4. That the overnight trailers be cleaned or repainted and that said trailer hitches be painted to prevent the rusting of same.

3306

JOURNAL OF THE HOUSE,

FORT MOUNTAIN STATE PARK
The Subcommittee recommends:
1. That a diving dock be constructed in the swimming area prior to 1971 summer season.

2. That additional camping sites be constructed adjacent to the new comfort station which is being completed at the present time.

3. That an existing cottage plan be used for the construction of five new cottages proposed for this park in an effort to save architectual fees.

BLACKBURN STATE PARK
The Subcommittee recommends:
1. That the Department complete the proposed park roads and that 25 addi tional camping sites be constructed when funds become available for same.
2. That the larger park signs be placed at the intersection of highways 52 and E-9, and also at the entrance of the park road on highway E-9.
3. That the Department purchase the 1.6 acres of land on the south side of the dirt road running off of E-9 in order to consolidate the total park area south of the dirt road. The estimated cost of the 1.6 acres is $300.00.
4. That more publicity be given to the gold mine museum and gold panning operations at this park. These are interesting attractions and should be empha sized.

TUGALOO STATE PARK
The Subcommittee recommends:
1. That all cottages be air conditioned prior to the 1971 summer season pro vided funds can be made available for this purpose.
2. That an additional comfort station and 50 campsites be constructed on this park at the earliest date possible to accommodate the demand for camping on the park area.
3. That an effort be made to control erosion of existing campsites which are adjacent to the shoreline of the lake.
4. That an assembly shelter be constructed adjacent to the camping area to be used as a recreation program building.
5. That the Department investigate the possibility of enlarging the existing concession building area and the fast basket check area of the bathhouse to better accommodate the park visitors in the bathhouse and concession area.

INTERIM COMMITTEE REPORTS

3307

VOGEL
The Subcommittee recommends:
1. That a caretaker's residence be constructed on this park at the earliest date possible since funds have already been allocated for this purpose and there is a definite need for a second full time overnight employee on the park area.

2. That the renovation of the upper end of the park lake be given a high priority and that the renovation be completed if at all possible by April 1, 1971. It was noted by the Subcommittee that in order to properly operate the dream boats next summer that this renovation will be necessary.

3. That the Department meet with the U. S. Forest Service and discuss the possibility of the Department obtaining a 50 year lease or use permit on the 57 acres of land on which the Parks camping area is now located. A 50 year lease or use permit will permit the Department to construct additional permanent camp
ing facilities on this land which is needed.

4. That the tower on which the dam gate control mechanism is located be investigated immediately and appropriate action taken to replace same. The Subcommittee noted that this tower is in a bad state of repair and needs to be replaced immediately.

5. That the Department contact the State Highway Department in an effort to obtain approval for the paving of the roadway leading to the new cottage area.

6. That sufficient hand tools for the proper maintenance of the park area be purchased. There appears to be a lack of sufficient hand tools in the mainte nance shop with which to carry out the required maintenance on the park area.

HART STATE PARK
The Subcommittee recommends:
1. That larger directional signs be placed at certain intersections going into the Park to provide clearer access to the Park.
2. That the Department investigate the possibility of getting the Highway Department or the County to patch pot holes in the blacktop in certain areas of the Park. Comments: The Subcommittee feels that establishing a beach area without a bathhouse will create certain control problems and undue criticisms to the Park Superintendent and the Department. The Subcommittee also noted that additional camping sites have been constructed on the park without adding the required sanitary facilities. If all camping sites are used next summer, this will undoubtedly put a strain on the existing sanitary facilities. The situation should be investigated and corrected.

VICTORIA BRYANT STATE PARK
The Subcommittee recommends:
1. That the club house be completed prior to opening the Golf Course to the public.

3308

JOURNAL OF THE HOUSE,

2. That a water line to the maintenance building be installed which would enable the Superintendent to properly wash and clean Golf Course equipment.
3. That a sufficient number of employees be authorized to properly maintain the Golf Course, thereby relieving the Park Superintendent of detailed super vision of the Golf Course. Comments: Considerable improvements of greens and fairways on the Golf Course have been made since the 1969 inspection of the Course.

NOTES BY REPRESENTATIVE BILL SIMS
VICTORIA BRYANT STATE PARK
Representative Bill Sims recommended that a larger sign be placed in front of the Superintendent's residence and at the main park entrance indicating that the Superintendent's residence is one mile up the road.

BLACKBURN STATE PARK
Representative Bill Sims recommended that the Department of State Parks investigate the possibility of establishing additional day use area parking.

VOGEL STATE PARK
Representative Bill Sims recommended that immediate action be taken by the Department to repair and replace the portion of flooring that is rotten on the Sun Deck around the concession building and the bathhouse floor.

MOCCASIN CREEK STATE PARK The Subcommittee recommends:
1. That an office and residence for the Superintendent be built.

2. That the Department investigate the possibility of camping across the main road.

3. That the Department investigate the feasibility of building a trading post.
4. That the Department investigate the feasibility of constructing a concrete walkway adjacent to Moccasin Creek for the handicap fishermen.

CLOUDLAND CANYON STATE PARK
The Subcommittee recommends that the Department build a new road across the Canyon to the new area for the purpose of park expansion.

INSPECTION TOUR OF THE SOUTHEAST GEORGIA STATE PARKS ON OCTOBER 27, 28, and 29, 1970

LITTLE OCMULGEE STATE PARK
The Subcommittee recommends:
1. That the Parks Department investigate the feasibility of constructing a 60 capacity group camp on this park.

INTERIM COMMITTEE REPORTS

3309

2. That the Department of State Parks follow up on the program of poison ing the weeds in the lake on this park. The recreation values received as a re sult of the poisoning program far exceed the dollar cost involved in the weed poisoning program.

3. That the existing bathhouse adjacent to the new swimming pool be pre served through a thorough renovation program. The structure appears to be basi cally sound and the design of the structure is indeed in keeping with the other rustic structures on the park. Therefore, said structures should be repaired and used as a bathhouse.

4. That the Department continue with plans to provide the locker room with toilet facilities and showers located in the basement of the golf club house.

GENERAL COFFEE STATE PARK
The Subcommittee recommends:
1. That the Department proceed with preliminary engineering study re garding the suitability and approximate cost of the proposed dam site on this park.

2. That the Department continue the first phase of park development as outlined in master plan and that the County be requested to assist in the grading of all of the necessary interior roads on the park property.

LAURA S. WALKER STATE PARK
The Subcommittee recommends:
1. That the Department take the necessary action to properly repair the existing group camp facilities. However, if funds for the construction of the new group camp become available, it is recommended that the new group camp be constructed across the lake from the present group camp location.
2. That the Department continue with the proposed plans to renovate the lake area.
3. That the Department check into the possibility of getting either the County or State Highway Department to surface all internal roads in the park area.

CROOKED RIVER STATE PARK
The Subcommittee recommends:
1. That a miniature golf course be constructed on this park at the earliest date possible, taking into consideration the availability of funds for this purpose.
2. That the Department make an immediate investigation into the condition of the fishing pier, ascertaining from a reliable engineering firm as to what can be done to correct its sagging condition.
3. That the Department give serious consideration to the relocation of the swimming pool filter system on the west side of the swimming pool.

3310

JOURNAL OF THE HOUSE,

4. That the Department follow very closely the status of the Kingsbay prop erty with the thought in mind of acquiring a certain portion of the Kingsbay propei'ty when it becomes surplus for the expansion of the Crooked River State Park.

GORDONIA ALTAMAHA STATE PARK
The Subcommittee recommends:
1. That the Department consider the construction of tennis courts on this park if the city and county are willing to do the necessary grading and surfacing of the tennis courts with the Department of State Parks furnishing the required fencing, net post, nets, etc.

2. That the Department construct a family group shelter on this park if and when funds for this purpose become available. Perhaps a modified assembly shelter will be suitable for this purpose.

MAGNOLIA SPRINGS STATE PARK
The Subcommittee recommends:
1. That the Department investigate the feasibility of constructing a small group camp complex which will accommodate between 30 or 40 persons. This small group camp complex should be located in an area of the park which will not con flict with the present group camp operation or the other existing activity areas in the park.

2. That some type of screenings be placed on the parking lot in front of the pool bathhouse building.

3. That the old filter house and pool be repainted prior to 1971 summer season. The door on the concession building should also be repaired or replaced.

ALEXANDER H. STEPHENS STATE PARK
The Subcommittee recommends:
1. That the Department poison out the weed growth in both lakes on this park.

2. That no additional facilities be constructed on this park until such time as Interstate 20 has been completed and a new visitation trend has been estab lished in view of the drop in visitation and income from previous years.

HARD LABOR CREEK STATE PARK
The Subcommittee recommends:
1. That the Department construct 10 additional overnight cottages on the park in an area which will be convenient to the users of the golf course.

2. That the Department look into the purchase of some new long lasting paint with which the mobile trailers can be repainted and also the purchase of a steam cleaning type outfit that could be purchased for approximately $300.00 which could be used for cleaning the mobile trailers and could have many other

INTERIM COMMITTEE REPORTS

3311

uses on the park area. The Subcommittee noted that road washouts were pre valent in the area of the trading post and on the cottage road. It was also noted by the Committee that the mobile trailers either need to be repaired or steam cleaned^.

3. That immediate action be taken to grass the grounds around the new cottages and that the County Highway Department be contacted in an effort to get the cottage road paved.

4. That more promotion and publicity be put on the golf course in this park such as a package type program which would provide cottages, greens fees, etc. at a reduced rate which would encourage more people to take advantage of the golf course and park facilities.

INSPECTION TOUR OF THE SOUTHWEST GEORGIA STATE PARKS ON NOVEMBER 17, 18, and 19, 1970

FRANKLIN D. ROOSEVELT STATE PARK The Subcommittee made the following observations relative to this park:
1. Washouts were in the road in the Lake Delano area.

2. The Day use area below the dam has dangerous structure which should be corrected or demolished.

3. The new Comfort Station is hard to locate.

4. In the same area, a brick trough, spring collecting area is open and should be covered to avoid accidents by visitors.

5. The old log cottages near the Inn need general maintenance.

6. Lights were on in the day use area during the daylight hours (Lake Delano).

WHITEWATER CREEK STATE PARK
The Subcommittee recommends that the construction at this park should be limited to day use facilities and a family camping area at the present time be cause the population in this area of the State does not warrant large expenditures on park facilities.
HAWKINSVILLE STATE PARK
The Subcommittee recommends that this area be transferred to the County, and in connection therewith, that a representative of the State Parks Depart ment contact local officials to ascertain if they will accept the property.

GEORGIA VETERANS MEMORIAL STATE PARK The Subcommittee recommends:
1. That the old brick cottages be painted to match other structures.

3312

JOURNAL OF THE HOUSE,

2. That the Museum be renovated, that a backstop in Area "B" be erected, and that the maintenance area be cleaned up.

3. That the Department consider the feasibility of changing the main en trance.

4. That future cottages be constructed which will accommodate wheel chairs.

5. That the Department notify the Easter Seal Society and the President's Committee on Handicapped persons concerning facilities on all parks which ac commodate and assist the handicapped.

6. That outside air conditioners in cottages on this park be covered during periods when they are not used.

7. That the new cottages be underpinned to prevent freezing of pipes.
8. That the tackle box area be cleaned up.
9. That rest station in the vicinity of the water tower be completely ren ovated. The obscene writing on the outside of rest station structure should be removed immediately.

CHEHAW STATE PARK
The Subcommittee recommends:
1. That a representative of the Parks Department contact the local Senator, State Representative, and City and County officials for the purpose of obtaining their views concerning the feasibility of constructing a swimming pool and bath house on the Park area.
2. That the Department look into the cost of renovating the old log cottage. If the cost estimate is too high, structure should be left as it is.
3. That the Parks Department look into the feasibility of leasing the old log cottage to a private individual or concern for the operation of a Trading Post or similar public service.

SEMINOLE STATE PARK The Subcommittee recommends:
1. That weed growth around the edge of the lake should be erradicated.
2. That an additional section of drain pipe to cottage turn off's be installed.
3. That the Department devise a method to prevent traffic from entering the park area through the wooded area between the camping area and the cottage area.

KOLOMOKI MOUNDS STATE PARK
The Subcommittee recommends that an additional camping unit be con structed at this Park at the earliest possible date, taking into consideration the

INTERIM COMMITTEE REPORTS

3313

availability of funds. The Subcommittee noted that the roads in this park are in bad shape and are in need of scraping and rocking or paving.

PROVIDENCE CANYONS
The Subcommittee was favorably impressed with the Canyons and believes they are unique and should be an outstanding tourist attraction.

House of Representatives Atlanta
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, CHAIRMAN OF THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER IN TERESTED PERSONS.

REPORT OF THE SUBCOMMITTEE ON SCHOOL DROPOUT RATE COMPUTATION
HOUSE EDUCATION COMMITTEE
*******

THE SUBCOMMITTEE

Honorable Walt Davis Representative, 75th District Chairman Honorable Stanley Collins Representative, 72nd District Honorable Charles Graves Representative, 9th District Honorable Herbert Jones, Jr. Representative, 87th District Honorable Hugh Jordan Representative, 74th District

Honorable A. T. Mauldin Representative, 12th District Honorable Don C. Moore Representative, 6th District Honorable Lamar D. Northcutt Representative, 21st District Honorable John K. Patterson Representative, 20th District Honorable Bobby Wheeler Representative, 57th District

December, 1970

INTRODUCTION

The power of the educational system in Georgia to hold children in school from first grade through high school graduation has increased significantly in recent years, although Georgia continues to have a high dropout rate. Of the children who entered the first grade in 1957, only a few more than half, 52.2 percent, graduated from high school in the spring of 1969. To examine the methods of determining the number of dropouts in the state and to consider ways of decreasing Georgia's dropout rate, the School Dropout Rate Computation Study Subcommittee of the House Education Committee was established.

3314

JOURNAL OP THE HOUSE,

PURPOSE
The purpose of the School Dropout Rate Computation Study Subcommittee was (1) to examine existing methods of determining the number of public school students who drop out of school between the first grade and graduation from high school, (2) to compare the procedures used in Georgia for computing the number of dropouts with the procedures used in other states, and (3) to make recommen dations for increasing the number of Georgia students who remain in school from first grade through high school graduation.

PLAN OF ACTION
The subcommittee began its series of meetings on May 5, 1970. At this and four additional meetings in May, July, November and December, the subcom mittee heard testimony on the dropout problem and dropout computation from the following persons:

Dr. Charles E. Clear, Director of the Division of Educational Research and Statistics, Richmond, Virginia
Mr. H. M. Fulbright, Superintendent of Schools, Carrollton City School System
Dr. Ronald Luckie, Associate Director of Planning, Georgia Department of Education
Dr. E. C. Martin, Executive Director, Georgia Educational Improvement Council
The late Dr. Alien C. Smith, Deputy State Superintendent of Schools, Georgia Department of Education
Dr. Russell Clark, Director of the Division of Planning, Research, and Evalu ation, Georgia Department of Education
Mr. T. W. Holley, Coordinator of Statistical Services, Georgia Department of Education
Mr. Jack Thomas, Visiting Teacher Services, Georgia Department of Edu cation
Dr. Paul Vail, Coordinator, Guidance, Counseling, and Testing Services, Geor gia Department of Education
Mr. Spencer Teal, Superintendent of Schools, Carroll County School System
These hearings were designed to provide the subcommittee members with the information necessary for making recommendations to decrease Georgia's drop out rate.

SUMMARY OF FINDINGS

Staff members of the Georgia Department of Education presented the re sults of research studies on the dropout in Georgia. A summary of their presen-

INTERIM COMMITTEE REPORTS

3315

tations is contained in the tables below which show dropouts by age, by ability level and their reasons for leaving school.

Age of Dropouts
12 13 14 15 16 17 18 and over

I. Dropouts, by age

Percent of Total Number of Dropouts .1 .7 3.8 11.7 36.5 27.5 19.7

II. Dropouts, by Ability Level

Ability Level

Percent of Total Number of Dropouts

Male

Female

Tota

Upper Fourth

3.2

5.9

4.4

Second Fourth

11.3

16.0

13.3

Third Fourth

23.5

28.4

25.6

Lower Fourth

53.2

41.3

48.1

No Ability Data

8.8

8.4

8.6

III. Dropouts, by Reason for Leaving School

Reason for Leaving

Percent of Total Number of Dropouts

Male

Female

Tota

Work

24.7

6.2

16.9

Married

2.9

34.3

16.0

Armed Services

5.6

.3

3.3

Illness of Student

2.6

9.6

5.6

Lack of Interest

35.3

21.3

29.4

Home Situation

4.4

7.8

5.9

Voluntarily Left

5.9

5.3

5.7

Expelled

2.7

1.0

2.0

Suspended

2.4

1.0

1.8

Poor Scholarship

9.0

4.9

7.3

Unclassified

4.7

8.5

6.3

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Dr. E. C. Martin of the Georgia Educational Improvement Council explained to the subcommittee a survey of seniors and ninth graders in Georgia's schools that was conducted jointly by the GEIC, the Georgia Department of Education and the Office of the Board of Regents of the University System of Georgia.

The survey explored the students' post high school plans, the reasons for these plans, occupational goals, parents' occupations and educational levels, and course of study in high school.

Dr. Charles Clear, representing the State Department of Education of Vir ginia, reported on the information obtained on each student enrolled in the public schools in Virginia. He explained the questionnaires that were in use in that state and stated that all the information was placed on computer and summarized by local school systems at the district level and at the state level. Each superin tendent was furnished a copy of his system report in order that the local boards of education could use this in the decision-making process for determining needed changes to be implemented. Dr. Clear furnished each member of the committee a printout with the information showing dropout, projected college enrollment, and other statistical data.

CONCLUSIONS AND RECOMMENDATIONS

The information studied by this subcommittee enables the members to draw several conclusions and make the following recommendations concerning the school dropout rate in Georgia.

1. It is generally recognized that Georgia's public school systems maintain accurate records of the number of school dropouts within each local system. How ever, since there is no way to follow a student who transfers from system to sys tem or from state to state, it is impossible to account for a large number of stu dents.

It is recommended that the State Board of Education require the establish ment of a discreet identification number for each student enrolled in public schools of Georgia. The new birth registration numbering system seems to provide the best possibility for a numbering system that would meet not only the needs in Georgia, but that would allow the possibility of following a student across state lines as well. It is suggested that the Georgia Department of Education study the birth registration numbering system and recommend to this committee whatever legislation necessary to implement this recommendation.

2. A properly trained guidance counselor can often identify a potential drop out and perhaps help him to solve whatever problem it is that could force or en courage him to leave school.

It is recommended, therefore, that the ratio of students to guidance counselors be reduced.

3. If high school courses were more related to students' vocational interest, fewer high school students would drop out before high school graduation.

It is recommended that the Georgia Department of Education expand the present system of vocational training and make an effective vocational education

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3317

program available to all students in Georgia. This expansion should be in the form of area comprehensive (vocational) high schools in addition to the 19 already in operation.

4. On-tlie-job training is another valuable phase of vocational education.

Therefore, it is recommended that the present system of distributive educa tion and programs such as VOT (Vocational Office Training) be expanded.

5. A course of study that runs the entire year--nine months--may be for some students an endurance test rather than an educational experience. Many students fail the endurance test and drop out of school entirely.

It is recommended that:
a. the quarter system, allowing a student to finish a complete course each quarter, be implemented in all high schools in the state.
b. that the twelve-month school year be implemented.
c. continuing education programs and other progressive or innovative educa tional programs be considered where feasible; for example, the implementation of an ungraded primary school.

6. The Compulsory School Attendance Law states:
"32-2104. Duty to send to school children between seven and 16 years old. Every parent, guardian, or other person residing within the State of Georgia having control or charge of any child or children between their seventh and sixteenth birthdays shall enroll and send such child or children to a public or private school under such penalty for noncompliance herewith as is hereinafter provided, unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible."

The penalty for violation of this law is in Section 32-9913, quoted below.
It is recommended that:
a. the present Compulsory School Attendance Law be amended to provide for mandatory sentencing of the parent for allowing truancy.
b. the child himself be subject to action of the Juvenile Court when in noncompliance with the law.
c. failure of the local authorities to prosecute would make it incumbent on the State Board of Education to do so.

7. Code Section 32-2114 states:
"Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public and private schools in the county or independent school systems within which they are appointed to serve. It shall be the duty of the principals and local site administrators and of the teachers of all schools--public, private, denominational, or parochial--to report

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in writing, to visiting teachers or attendance officers of the county or of the independent school system, the names, ages, and residences of all pupils in at tendance at their school and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Educa tion. All schools shall keep daily records of attendance verified by the teacher making such record. Such reports shall be open to inspection of the visiting teacher, attendance officer or duly authorized representative at any time during the school day."

The penalty for violating the above law is contained in Code Section 32-9913, as follows:

"Any person violating any provisions of Section 32-2114 relating to coopera tion of school officials with visiting teachers and attendance officers or of the rules and regulations of the State Board of Education relating to Compulsory School Attendance, previously published one time in the official education journal of the State, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not to exceed $100."

It is recommended that:

a. the law be amended to require the private schools to report directly to the State, and a copy to the local system.

b. in the event of violation, the State Board of Education should be required

to initiate punitive action.

\s

8. Many problems still exist in the area of the dropout and dropout rate com putation. The above recommendations require more work and study, not only by professionals in education, but also by legislators. It is recommended that this subcommittee continue to function through 1971.

/s/ Walt Davis Representative, 75th District Chairman
/s/ Stanley Collins Representative, 72nd District
/s/ Charles Graves Representative, 9th District
/s/ Herbert Jones, Jr. Representative, 87th District
/s/ Hugh Jordan Representative, 74th District

Respectfully submitted,
/s/ A. T. Mauldin Representative, 12th District
/s/ Don C. Moore Representative, 6th District
/s/ Lamar D. Northcutt Representative, 21st District
/s/ John K. Patterson Representative, 20th District
/s/ Bobby Wheeler Representative, 57th District

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3319

House of Representatives Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE SMALL FOREST LANDOWNERS STUDY COMMITTEE
(House Resolution No. 946)

THE COMMITTEE

Honorable A. B. C. Dorminy, Jr. Representative, 48th District Chairman Honorable Nathan Dean Representative, 19th District Honorable G. Ed Knapp Representative, 81st District Honorable Will Poole Representative, 10th District Honorable W. J. McKemie, Jr. President, Georgia Farm Bureau

Honorable A. M. Harris, Jr. President, Georgia Bankers Association Honorable John H. Hadaway Representative, 27th District Honorable James D. Mason Representative, 13th District Honorable L. H. Simkins, Jr. Representative, 78th District Honorable Edward W. Killorin Georgia State Chamber of Commerce

December, 1970

INTRODUCTION

The Small Forest Landowners Study Committee was created by the Speaker of the House of Representatives pursuant to the authority vested in him under House Resolution No. 946. The Committee was to be composed of seven members of the House of Representatives to be appointed by the Speaker thereof, and the Presidents, or their designates, of the Georgia Farm Bureau, the Georgia State Chamber of Commerce, and the Georgia Bankers Association. The Speaker appointed the following members of the House to serve on the Committee.

Honorable A. B. C. Dorminy, Jr. Representative, 48th District Chairman Honorable Nathan Dean Representative, 19th District Honorable G. Ed Knapp Representative, 81st District

Honorable Will Poole Representative, 10th District Honorable John H. Hadaway Representative, 27th District Honorable James D. Mason Representative, 13th District Honorable L. H. Simkins, Jr. Representative, 78th District

The Georgia Farm Bureau, the Georgia State Chamber of Commerce, and the

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Georgia Bankers Association designated the following representatives to serve on the Committee.
Honorable W. J. McKemie, Jr. President, Georgia Farm Bureau
Honorable Edward W. Killorin Georgia State Chamber of Commerce
Honorable A. M. Harris, Jr. President, Georgia Bankers Association

BACKGROUND

In conducting its investigation the Committee met with representatives of the Georgia Forestry Commission, the Georgia Forestry Association, Inc., the Georgia Forest Research Council, the School of Forest Resources of the University of Georgia, and other interested persons. The Committee wishes to express its ap preciation to these groups and those individuals who have met with and aided the Committee in its investigation.

The Committee also examined information on differential methods of assess ment for ad valorem tax purposes currently in use by other states. The Com mittee notes that some 16 states have developed specific legislation in this area.

FINDINGS

The ownership of Georgia's forest land has been dominated for many years, in both total number of owners and total acreage, by small forest landowners with five hundred acres or less of forest lands. Georgia has 26,000,000 acres of forest land, of which the federal government owns approximately 1,850,000 acres, state and local governments own approximately 150,000 acres; and private citi zens own the remaining 24,000,000 acres. Of the 24,000,000 acres of privately owned forests, approximately 15,000,000 acres are owned by 195,000 small land owners who supply approximately 60% of the timber harvested annually in the State.

The forest industry is one of Georgia's leading industries. The industry adds more than $1,300,000,000 to the economy annually. There are more than 900 pri mary plants in Georgia which use wood as a raw material in their manufacturing processes, and, according to recent labor statistics, one out of every five jobs in in dustry in Georgia relates to wood. In 1969, approximately ten million cords of soft and hardwood timber were used by plants in Georgia.

Georgia is the largest producer of pulp and paper in the nation and is one of the largest producers of lumber east of the Mississippi River. The State is also a growing leader in plywood production in the Southeast and is a leader in the pro duction of gum naval stores. Many other important forest industries are also lo cated in the State. The condition of the small landowner's forest land and future timber yields is, therefore, of great importance to the economy of the State.

Many changes have occurred in the State which affect the small forest landowner to a greater extent than other forest landowners. The small landowner has only one opportunity for a financial return on his investment. This opportu nity occurs at the time the tree is sold or severed from the stump. Many other

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3321

forest ownership groups, however, grow trees primarily to insure a basic source of the raw material needed in their processing plants, and the growing of trees, per se, is not the major reason for their investment in forest land.

Numerous changes have also occurred in the harvesting and transportation of trees and in manufacturing processes pertaining to forest products. The num ber of sawmills, for example, has steadily declined since 1950. There were a total of 2,700 sawmills in Georgia in 1950, 700 in 1957; 527 in 1961; 393 in 1965; 332 in 1967; and an estimated 280 in 1970. The volume of lumber production, how ever, has not drastically declined. Georgia produces approximately one billion board feet of lumber annually. This volume of lumber production has not varied substantially in the last two decades. One result of the decrease in the number of sawmills is that loggers must now haul logs for lumber, plywood and other products by truck for distances ordinarily ranging from fifty to sixty miles. It is not unusual, however, to have to haul logs for distances of up to seventy-five to eighty miles. Another change has been the steady decline of available labor in the logging industry. As a result, loggers and timber producers have been forced to employ very expensive equipment to cut and haul logs to compensate for the decline in available labor while striving for the greatest possible production per unit of cost.

The small forest landowner is also faced with fluctuating market conditions. These conditions fluctuate differently in different areas of the State. In areas where competitive markets exist, pulpwood stumpage prices range from eight to fifteen dollars per cord, and saw timber ranges from thirty to forty-five dollars per cord. In other areas, pulpwood prices range from five to eight dollars, and saw timber ranges from twenty-five to thirty-five dollars for pine. Hardwood stumpage is considerably lower in all areas of the State.

Another problem faced by the small forest landowner is the lack of equip ment and capital necessary for proper site preparation and planting after cutting operations. A number of small landowners do plant trees on cutover and idle acreage, but a majority leave reproduction to natural means which often result is undesirable trees and shrubbery growth in cutover areas. This problem is also compounded by the increase in tree-length logging which results in damage to the trees which remain.

In the majority of cases there is much less forest growth on the land of small timberland owners than on land owned by industries, the State or the federal government. Costs of site preparation and planting on idle and cutover land varies from twenty to more than fifty dollars per acre. The general range is from thirtyfive to fifty dollars per acre. Considering present timber stumpage prices and the length of time required to grow a crop of trees, it is most difficult to financially justify the investment necessary strictly for tree growth on any area.

Another very important problem faced by the small forest landowner is the continued rise in the ad valorem taxation of forest lands.

The property tax favors those families and businesses with low investments in property in relation to income. The tax can become a difficult burden on small forest landowners and farmers who must necessarily make large investments in real property. Farmers' property tax cost in relation to income are greater, on the average, than average property tax costs for other economic groups. In most counties the land and the growing trees are taxed separately on an annual basis.

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The average ad valorem tax rate for forest land is approximately eighty-five cents per acre, and in many counties the rates exceed one dollar per acre per year. As a result of this trend many small landowners are being forced to sell the trees on their land to accomplish tax reduction. This is a problem that is growing each year and is a major concern to all timberland owners, but particularly to the small landowners.

There is a fairly good demand for small forest acreages in the mountain sections of the State and around cities and towns having good labor markets. These lands are being purchased in acreages ranging from five to fifty acres. The primary purpose behind such purchases is not usually forest production, but trees will be sold from many of these lands at given intervals. Such purchases do, however, tend to reduce the total forest acreage use for the production of raw materials necessary for Georgia's industry.

What the small landowner does with his forest acreage concerns all citizens. Trees are not only important to industry, but are also important to maintaining a good environment. Not only do trees help retard soil erosion, but they also pro vide an important chain in the cycle of life. Forest lands also add immeasurable scenic and aesthetic qualities to the State.

The Committee is concerned and wishes to encourage, in every possible way, the small forest landowner to maintain forest land in such a manner as to make such land as productive as possible. The Georgia Forestry Commission is pro viding some type of forest management assistance to approximately twenty thou sand landowners annually. Assistance is also being provided to urban landowners with tree problems, and forest educational programs are being conducted for both urban and rural citizens. Assistance in the management of forest land is also being provided by consultant foresters and many industry foresters to small landowners. The Committee is pleased with these efforts and believe that every timberland owner should have a forest management plan to guide and assist him in obtaining maximum timber production and the benefit of other forest values.

CONCLUSION AND RECOMMENDATIONS
The Committee concludes that the forests provide an important source of raw material for the industry of this State and add immeasurably to Georgia's econom ic and aesthetic wealth. The Committee is concerned with changes with econom ic, political, and social conditions have brought about within the forest industry, especially in relation to the small forest landowner. For these reasons, the Com mittee wishes to make the following recommendations.

1. The Committee recommends that the Georgia Forestry Commission con tinue to encourage and provide forest management plans for more and more small forest landowners and to encourage the soundest forest practices in keeping with
the owners' interests and abilities.

2. The Committee recommends that the Georgia Forestry Commission en courage and assist in maintaining sound harvesting practices so as to minimize
damage to remaining trees.

3. The Committee recommends that State, county and local officials, mem bers of the General Assembly, and the public be appraised of the effect of everincreasing ad valorem tax rates on forest land and trees.

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4. The Committee recommends that ad valorem taxation be applied only to the forest land itself based on the soil capability and that ad valorem taxation of growing trees be eliminated.

5. The Committee notes that the taxation of the forest industry and small forest landowners is an integral part of any meaningful program of tax reform. The Committee recommends, therefore, that any study of tax reform should in clude careful consideration of this area of taxation.

6. The Committee feels that the small forest landowner is vital to this State and recommends that further study be given to the small forest landowner and the problems which he faces. Therefore, the Committee recommends that this Committee be recreated and reconstituted so that it may continue its investigation
of this important subject. Respectfully submitted,

/a/ A. B. C. Dorminy, Jr. Representative, 48th District Chairman

/s/ A. M. Harris, Jr. President Georgia Bankers Association

/s/ Nathan Dean Representative, 19th District

/s/ John H. Hadaway Representative, 27th District

/s/ G. Ed Knapp Representative, 81st District

/s/ James D. Mason Representative, 13th District

/s/ Will Poole Representative, 10th District

/s/ L. H. Simkins, Jr. Representative, 78th District

/s/ W. J. McKemie, Jr.

Is/ Edward W. Killorin

President Georgia Farm Bureau

Georgia State Chamber of Commerce

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL
* ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
*******
REPORT OF THE SOCIAL DISORDER AND GENERATION GAP STUDY COMMITTEE
(PART I)

THE COMMITTEE

Honorable Bobby W. Johnson Representative, 29th District Chairman Honorable Ben Brown Representative, 110th District Honorable James E. Dean Representative, 76th District

Honorable Billy L. Evans Representative, 81st District Honorable Joe Frank Harris Representative, 10th District Honorable Eugene Housley Representative, 117th District Honorable R. S. Hutchinson
Representative, 61st District

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JOURNAL OF THE HOUSE,

December, 1970

INTRODUCTION

The Committee was created by the Speaker of the House, pursuant to the authority granted to him in HR 3, in response to what has appeared to be a growing undercurrent of hate, distrust and rebellion on the part of a large segment of Georgia's youth and minority groups. In particular, the riot and kill ings in Augusta, the disharmony in Hancock County and the City of Sparta, the rock-throwings in the so-called "Hippie" area of Atlanta, the obvious disgust for the rule of law in Atlanta's Summerhill district, and a number of other in cidents which have recently been reported in the mass communications media.

The Committee was specifically charged with the responsibility of determin ing, if possible, what forces have caused Georgia's young people to grow cold and distant from the rest of society and what has caused the splitting apart of father and son, mother and daughter.

SCOPE OF STUDY

The Committee felt that the first and best method for beginning to under stand the so-called Generation Gap would be to observe dialogue between some independent younger and knowledgeable older people. The Committee invited the college presidents from many of Georgia's public and private institutions of higher learning, plus one student of each president's choosing; a student, prefer ably, who had demonstrated some inclination and leadership against the Establish ment. This was done in order to insure some meaningful dialogue. The dialogue produced at the meeting was very informative, and gave the Committee members fresh and original insight into some of the feelings of frustration which daily face today's young people.

The Committee next participated in a panel discussion at Georgia State Uni versity's auditorium, at which students were given free rein to pick the brains of each member of the Committee and to express their beliefs and feelings of the moment ..... Women's Liberation, Black Liberation, Middle American, Left Wing and Right Wing thoughts were expressed ..... and the bare beginning of communication began to take place.
The third phase of the Committee's investigations centered around city and county jails. The members visited, on their own or as a committee, as many jails as could be fit into their schedules, for the purpose of interviewing young persons who had run afoul of the law, to determine whether or not part of the fault of their predicament might be with society. One Committee member who stopped in unexpectedly at one jail witnessed prisoners in the act of having sexual relations. The policeman in charge of that jail has been dismissed.
Fourthly, the Committee centered its attention on the seething undercurrent of discord which has become obvious in Hancock County and the City of Sparta. The Committee invited representatives of the Black Power structure of Hancock County and the White Power structure of Sparta. (The majority of the resi dents of Sparta are white, while the majority of the county's residents are black.) The dialogue which resulted from this confrontation was extremely enlightening, and indicated to the Committee members the depth of hatred which exists be tween some members of the black and white races.

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3325

FINDINGS The Committee believes, after hours of discourse and observation, that there is no such thing as a "Generation Gap". There is, however, a tremendous communications gap, so tremendous that it can be given credit for much of the illness of Georgia's society which has manifested itself in recent months in the form of riots, rebellion and rejection. The youngster of today is possessed with the same amount of gray matter in his brain, the same number of chromosomes in his cells and the same abilities to understand and reason as his fathers and grandfathers, but the attitudes which prevailed up until the middle 1950's have changed to the extent where different emotional responses are evoked from to day's youngsters when words such as the following are used:

war minority group liberation power establishment draft

Communism WASP honkie marijuana private enterprise pollution

The image the Committee has of today's average youngster--the one who has not picked up his parent's thinking--is that he is more liberal than his par ent; he has sympathetic feelings for the black man who has been economically frustrated for over 100 years; he is more aware of the thoughts and feelings of his counterparts all over the nation, due, perhaps, to television; he has less regard for private enterprise; he does not like the war in Vietnam; he does not feel the patriotism his father felt thirty years ago when this country was mobi lizing to fend off an aggressive Japan and Germany; he is not afraid to try marijuana; he believes that grape pickers and other migrant farm workers are entitled to a good wage; he has fewer inhibitions and frustrations centering around sex, he feels disillusioned with the course this country is taking; he is not happy with the signs of national frustration showing themselves in the form of protests, riots, killings and resistance to the draft; he is vocally concerned about air and water pollution, urban blight and fighting in a war before he is able to drink beer and vote for the President of the United States. Today's youngster is raised to believe in God, the greatness of the country and to love his neighbor. He is taught in high school civics that we are a nation of laws, and not of men: yet, he watches his friends arrested and harassed for loitering, speeding, vagrancy and other violations in the ordinances and in the laws, but he sees government agents and law enforcement officers look the other way when the well-shorn, well dressed, Oldsmobile or Cadillac- driving banker, businessman or doctor breaks the law by driving too fast, cheating on income tax, polluting the streams and air, and discriminating against black people, and women of all races, in hiring and employment advancement. He sees the supposedly pious, church goers violating many of the Ten Commandments with distressing regularity.

Unemployment, whether due to technical advances or because of ever-increas ing populaion, plays heavy on the young mind. The youngsters applaud America's space effort, and proudly recognize that our country possesses masterful scientific minds and resources, but they fret over the abject poverty suffered in the cities' large ghettos, and ask why the money devoted to the moon effort, Vietnam war, Safeguard Missile System and CIA cloak and dagger activities isn't spent on curing the ever-apparent problems facing this country from within.

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The Committee found it difficult to refute the logic of the arguments pre sented by many of the young people. The Committee believes that today's youngsters are aware, are interested in the welfare of the country, and are frustrated. The young people grew up believing their country to be sacred and somewhat immune from the horrible internal events which used to happen only in foreign countries. In the last decade, America has lost one president to an assassin's bullet and one presidential candidate in a similar circumstance. We're engaged in a war which has none of the glamour found in World War II; we've discovered that air and water pollution is already so pervasive that wildlife is dying from it, as are people, and that the population of the United States is growing at an alarming rate.

The youngster of today has little to look forward to if he is to pay heed to newspapers and television. At home and at school he is thought to be (and fre quently accused of being) on drugs; he reads about war and unemployment; he studies the theories of Thomas Malthus in school and believes they are coming true when he sees the result of the 1970 Federal Census; he wonders if he will contract cancer or emphysema; he wonders if he will be drafted or will he resist the draft and go to Canada with his friends.

In short, we are now a pessimistic environment, and the youngsters of today are not pleased with what they see and with the small amount of hope for the future.

Your Committee is of the view that many of the young people are correct in what they say. Their logic is persuasive, and their observations astute. What is not palatable, however, is the way some young people have gone about making their grievances known: burning buildings will attract attention and Federal funds; this has been demonstrated many times over the years since Watts. Riot ing, rock-throwing, shooting policemen, blowing up buildings and other violent activities will always get the public's attention, and generally immediate action, but after time has passed and the situation fully analyzed, it usually works out that the gains made are hollow.

Getting the public's attention by destruction and violence is equivalent to robbery: you are coercing a man (Uncle Sam, in this case) to give up his money against his will.

The better methods for obtaining solutions to the nation's ills have been with us for decades: we are a representative government; use of public servants-- Representatives and Senators--to get an idea enacted into law is the democratic way. The power of the press--generally quite liberal--is enormous. The press can call the public's attention to the shortcomings of society. Civic organizations, ad hoc or the ones people look to now for guidance, are generally willing to take on difficult tasks--to change or mold public opinion or to assist worthy projects. Civil Rights organizations are designed to aid the underdog, and your Committee feels that their leadership in the courts may eventually be drawn upon to clean the air and water in and around the cities, as well as to enforce other laws already on the books which have been enforced improperly or not at all.
Private enterprise made this country great, but the day of the small shop keeper and entrepreneur are about over, unfortunately. Large manufacturers, large wholesalers and retailers, foreign competition and super-discount-bonusbargain-marathon-open-all-night stores are replacing the corner meat market. This kind of private enterprise needs close supervision, since the individual

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American man on the Street is in no position to exert leverage (or bargaining power) against the giants without some assist by the government. The youngsters have been quick to see this, yet the members of the older generation are prone to defend "private enterprise" to the end. The older generation has failed to see that what was "private enterprise" no longer is.

RECOMMENDATIONS
Your Committee believes that every method possible for listening to the young people should be used. This will do two things: educate the Establish ment and provide a safety valve for frustration release for the young. To ac complish these objectives, your Committee urges that the General Assembly con sider the creation of an office of Ombudsman which, basically, is a government employee with a staff whose function is to hear complaints concerning govern mental inefficiency, deficiency and wrong-doing, and to rectify same. The Ombuds man is given statutory immunity from governmental pressures and interference, so as to free his mind for more important tasks. The Ombudsman uses the power of the press to bring public opinion against errant agencies--he has no other power to punish or make changes.

The same Ombudsman, conceivably, could be used to point out the wrong doings of private enterprise. He could, with the proper staff, assist the young in making their grievances known. This might eliminate riots and rocks.
The States of Hawaii and Nebraska have Ombudsmen. Their experiences can be cited for the proposition that the Ombudsman can work.
In the event the Ombudsman concept is not enacted into law this Session, it is recommended that a Study Committee be created to study the idea and to report back to the 1972 General Assembly.

The Committee's bill is attached hereto and made a part of this report.

Respectfully submitted,

/s/ Bobby W. Johnson Bobby W. Johnson, Chairman Representative, 29th District

/s/ Joe Frank Harris Joe Frank Harris Representative, 10th District

/s/ Ben Brown Ben Brown Representative, HOtb District

/s/ Eugene Housley Eugene Housley Representative, 117th District

/s/ James E. Dean James E. Dean Representative, 76th District

/s/ R. S. Hutchinson R. S. Hutchinson Representative, 61st District

/s/ Billy L. Evans Billy L. Evans Representative, 81st District

APPENDIX

A BILL

To be entitled an Act to create the office of Ombudsman; to provide a short

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title; to define terms; to provide for the appointment of the Ombudsman and for his qualifications; to provide for his term of office, his removal, his compensa tion and his staff; to authorize the Ombudsman to establish procedures; to pro vide for jurisdiction; to provide for investigation procedures; to provide for the powers of the Ombudsman; to provide for publication of recommendations; to provide for the immunity and privilege of the Ombudsman; to provide penalties: to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Short Title. This Act may be called "The Ombudsman Act of 1971".

Section 2. Definitions.

(a) "Agency" includes any permanent governmental entity, department, or ganization or institution, and any officer, employee or member thereof acting or purporting to act in the exercise of his official duties, except
(1) a court; (2) the General Assembly, its committees, and its staff;
(3) a political subdivision of the State or an entity thereof;
(4) an entity of the Federal government;
(5) a multi-state governmental entity; and
(6) the Governor and his personal staff.

(b) "Administrative act" includes any action, omission, decision, recom mendation, practice or procedure, but does not include the preparation or pres entation of legislation.

Section 3. Establishment. The office of Ombudsman is hereby established.

Section 4. Appointment of the Ombudsman. The Governor, with the consent of the Senate, shall appoint the Ombudsman.

Section 5. Qualifications. No person may serve as Ombudsman

(a) within two years of the last day on which he served as a member of the General Assembly,

(b) while he is a candidate for or holds any other State office, or

(c) while he is engaged in any other occupation for reward or profit.

Section 6. Term of Office. The term of office of an Ombudsman is six years. An Ombudsman may be reappointed but may not serve more than three terms.

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Section 7. Removal. The General Assembly, by a two-thirds vote in each House, may remove or suspend the Ombudsman from office, but only for neglect of duty, misconduct, or disability.

Section 8. Vacancy. If the Ombudsman dies, resigns, becomes ineligible to serve or is removed or suspended from office, the First Assistant to the Ombuds man becomes the Acting Ombudsman until a new Ombudsman is appointed for a full term.

Section 9. Compensation. The Ombudsman shall be compensated an amount equal to that of the Chief Justice of the Supreme Court of Georgia.

Section 10. Staff and Delegation.
(a) The Ombudsman shall appoint a First Assistant and such other of ficers and employees as may be necessary to carry out the provisions of this Act.
(b) The Ombudsman may delegate to his appointees any of his duties except those specified in Sections 21 and 22.

Section 11. Procedure. The Ombudsman may establish procedures for re ceiving and processing complaints, conducting investigations and reporting his findings. However, he may not levy fees for the submission or investigation of complaints.

Section 12. Jurisdiction.
(a) The Ombudsman has jurisdiction to investigate the administrative acts of agencies.
(b) The Ombudsman may exercise his powers without regard to the finality of any administrative act.

Section 13. Investigation of Complaints. The Ombudsman shall investigate any complaint indicating an appropriate subject for investigation under Section 17, unless he believes that
(a) there is presently available an adequate remedy for the grievance stated in the complaint;
(b) the complaint relates to a matter that is outside the jurisdiction of the Ombudsman;
(c) the complaint relates to an administrative act of which the complainant 'has had knowledge for too long before the complaint was submitted;
(d) the complaint does not have a sufficient personal interest in the subject matter of the complaint;
(e) the complaint is trivial or made in bad faith;

(f) the facilities of the Ombudsman's office are insufficient for adequate in vestigation; or

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(g) there are other complaints more worthy of the Ombudsman's attention.

Section 14. Investigation on the Ombudsman's Motion. The Ombudsman may investigate on his own motion if he reasonably believes that an appropriate subject for investigation under Section 17 exists.
Section 15. Notice of Complainant.
(a) If the Ombudsman decides not to investigate, he shall inform the com plainant of that decision and shall state his reasons unless he reasonably believes it is inappropriate to do so.
(b) If the Ombudsman decides to investigate, he shall notify the complainant of his decision.
Section 16. Notice to the Agency. If the Ombudsman decides to investigate, he shall notify the agency of his intention to investigate.
Section 17. Appropriate Subjects for Investigation.
(a) An appropriate subject for investigation is an administrative act of an agency which might be
(1) contrary to law;
(2) unreasonable, unfair, oppressive or unnecessarily discriminatory, even though in accordance with law;
(3) based on a mistake of fact;
(4) based on improper or irrelevant grounds;
(5) unaccompanied by an adequate statement of reasons;
(6) performed in an inefficient manner; or
(7) otherwise erroneous.
(b) The Ombudsman may investigate to find an appropriate remedy.
Section 18. Investigation Procedures. In an investigation, the Ombudsman may
(a) make inquiries and obtain information as he thinks fit;
(b) enter without notice to inspect the premises of an agency; and
(c) hold private hearings.
Section 19. Powers.

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(a) Subject to the privileges which witnesses have in the courts of this State, the Ombudsman may

(1) compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the Ombudsman reasonably believes may be able to give information relating to a matter under investigation; and

(2) compel any person to produce documents, papers or objects which the Ombudsman reasonably believes may relate to a matter under investigation.

(b) The Ombudsman may bring suit in an appropriate State court to en force these powers.

Section 20. Consultation with Agency. Before giving any opinion or recom mendation that is critical of an agency or person, the Ombudsman shall consult with that agency or person.

Section 21. Procedure after Investigation. If, after investigation, the Ombuds man finds that

(a) a matter should be further considered by the agency; (b) an administrative act should be modified or cancelled; (c) a statute or regulation on which an administrative act is based should be altered; (d) reasons should be given for an administrative act; or (e) any other action should be taken by the agency;

he shall report his opinion and recommendations to the agency. He may request the agency to notify him, within a specified time, of any action taken on his recommendations.

Section 22. Publication of Recommendations. After a reasonable time has elapsed, the Ombudsman may present his opinion and recommendations to the Governor, the General Assembly, the public or any of these. The Ombudsman shall include with this opinion any reply made by the agency.

Section 23. Notice to the Complainant. After a reasonable time has elapsed, the Ombudsman shall notify the complainant of the actions taken by him and by the agency.

Section 24. Misconduct by Agency Personnel. If the Ombudsman thinks there is a breach of duty or misconduct by any officer or employee of an agency, he shall refer the matter to the appropriate authorities.

Section 25. The Ombudsman shall submit to the General Assembly and the public an annual report discussing his activities under this Act.
Section 26. Judicial Review. No proceeding or discussion of the Ombuds-

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man may be reviewed in any court, unless it contravenes the provisions of this Act.

Section 27. Immunity of Ombudsman. The Ombudsman shall be free from arrest for any activities arising out of his official duties, except for treason,
felony, larceny or breach of the peace; and he shall not be liable for anything spoken.

Section 28. Ombudsman's Privilege not to Testify. The Ombudsman and his staff shall not testify in any court with respect to matters coming to their atten tion in the exercise or purported exercise of their official duties except as may be necessary to enforce the provisions of this Act.

Section 29. Agencies may not Open Letters to Ombudsman. A letter to the Ombudsman from a person held in custody by an agency shall be forwarded immediately, unopened, to the Ombudsman.

Section 30. Penalty for Obstruction. A person who willfully hinders the lawful actions of the Ombudsman or his staff, or willfully refuses to comply with their lawful demands, shall be fined not more than one thousand dollars. Each hindrance or refusal shall constitute a separate activity which may incur the above fine.

Section 31. All laws and parts of laws in conflict with this Act are hereby repealed.

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
********

REPORT OF THE SPECIAL COMMUNITY AFFAIRS INTERIM COMMITTEE
********

THE COMMITTEE

Honorable Elliott H. Levitas Representative, 77th District Chairman Honorable Sam A. Nunn, Jr. Representative, 41st District Vice Chairman Honorable Gerald T. Horton Representative, 95th District Secretary

Honorable Ben Brown Representative, 110th District Honorable Howard Atherton Representative, 117th District Honorable Harry C. Geisinger Representative, 72nd District Honorable Janet S. Merritt Representative, 46th District

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3333

January 1971

INTRODUCTION

The Speaker of the House of Representatives created the Special Community Affairs Interim Committee pursuant to his authority under House Resolution No. 3. The Committee was created for the purpose of making a study of the current water pollution crisis faced by the metropolitan Atlanta area. The Committee was to determine the role which the State should properly assume in Atlanta's water pollution crisis. The Committee was also to determine the various roles occupied by the different levels and agencies of government involved and the positions which they have taken on this subject.

In carrying out its responsibilities, the Committee met with Mr. John R. Thoman, Interim Regional Coordinator, Federal Environmental Protection Agency; Mr. R. S. Howard, Jr., Executive Secretary, Georgia Water Quality Control Board; Mr. Oliver Welch, State Planning and Community Affairs Of ficer, Bureau of State Planning and Community Affairs; Mr. Glenn E. Bennett, Executive Director, The Atlanta Region Metropolitan Planning Commission; Honorable Sam Massell, Mayor, City of Atlanta; Mr. Warren Griffin, Georgia Water Quality Control Board; Honorable J. Battle Hall, State Budget Officer; Mr. Clark Stevens, State Budget Bureau, Honorable E. B. Davis, State Auditor; Honorable Stanley Smith, Senator, 18th District; Honorable Sam Hensley, former Senator, 33rd District; Honorable Clark Harrison, Chairman, DeKalb County Board of Commissioners; Mr. Don Mendonza, DeKalb County; Mr. Thomas King, representing the City of Columbus, Georgia; Mr. J. Moran Roberts, Roberts & Company Associates, representing Columbus, Georgia; Mr. S. L. White, representing the City of LaGrange, Georgia; Mr. J. E. Sams; and other interested State and local officials and members of the public

FINDINGS

The Chattahoochee River is a multi-faceted asset. It supplies water to the City of Atlanta, Fulton County, DeKalb County, Cobb County, Gwinnett County, the City of LaGrange, the City of West Point, the City of Columbus and many other communities. In addition to supplying water the Chattahoochee River pro vides for recreation and the production of energy. The capacity to meet these continuing demands is limited. The responsibility for managing and protecting the resources is shared by Federal, State and local governments in addition to several local authorities.

In February, 1964, The Atlanta Region Metropolitan Planning Commission published a report entitled "Water and Sewer Problems in Metropolitan At lanta". That report identified six major water and sewer problems:
(1) Pollution in the major rivers of our State;
(2) A lag between public sewer services and public water services;
(3) Diversion of water from the Chattahoochee River;
(4) Unprecedented growth demands on water and sewer systems;
(5) The fact that there are 38 water systems and 23 sewer systems in the Atlanta metropolitan area; and

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(6) Severe financial demands.

The report specified technology, money and joint action as solutions for these problems. The report stated that, "Water quality in the Chattahoochee River below the Atlanta intake and in the Flint and South Rivers cannot be practically maintained adequate for economical processing." The supply can only be made ade quate if there is a recognition of the critical nature of the problem and of the need for area-wide planning and coordinated implementation of the planning.

The drainage basis for the Chattahoochee River in the metropolitan area includes parts of four of the five metropolitan counties and a substantial portion of the City of Atlanta. Twenty-one sewage treatment plants empty their ef fluent into this stretch of the River. In 1970, 900,000 people lived in the metro politan area part of the Chattahoochee basin.

The City of Atlanta has agreements with and treats all or part of the sewage from DeKalb County, Fulton County, the areas serviced by the Clayton County Water Authority, College Park, Hapeville, and East Point. These agree ments are generally known as the Metropolitan Sewer System Agreements. They provide for the distribution of the cost of special maintenance and administration of the trunk sewers and the water pollution control plants between the partici pating agencies and governments. These agreements are generally for an in definite length of time with the right of any party to request a renegotiation at two-year intervals.

The City of Atlanta owns and operates six water pollution control plants. In addition, it owns a percentage of the Camp Creek Water Pollution Control Plant, which it operates, and it operates two water pollution control plants which are owned by Fulton County.

As noted by Mayor Massell and Mr. Howard, water pollution in the Atlanta area affects one-half of the total population of Georgia. This problem is not new but is one which has been accumulating for hundreds of years with only token resistance. Mayor Massell pointed out that Atlantans are willing to pay their fair share for any necessary improvement to our environment. In trying to de termine what is a fair share for local governments to assume in solving the water pollution problem Mayor Massell noted that the Congress of the United States has adopted a formula whereby the Federal Government will provide 55% of the funds required for certain projects and programs on the condition that the State provide 25% of the necessary funds and the local government or governments involved provide the remaining 20% of the needed funds. The Mayor stated that it would be financially impossible for a local government to provide more than 20% of such funds. The Mayor stated that the City of Atlanta has initiated action to raise the necessary 20% of the cost required to be provided by local government. In making this statement the Mayor assumed that the State and Federal governments would provide the remaining 80% support for such projects. Under presently funded formulas, however, the 20% will not be ade quate for Atlanta's required program. Mayor Massell testified that for certain Atlanta projects the State's share in these projects would amount to approximately $11.1 million over the next two years. He further stated that the failure to re ceive these funds would mean a decrease in the amount that the Federal Govern ment would provide in grants to 33% of the included cost. The Mayor said that such a failure to receive the necessary funds would necessitate a tremendous increase in sewer service fees. The use of a regional approach rather than an

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approach based on political boundaries was discussed. The Mayor stated that he would support such an approach.

Mr. Jack Cameron, the water pollution engineer for the City of Atlanta, stated that Atlanta is currently depositing raw sewage into the Chattahoochee River through the R. M. Clayton plant. Improvements are being made to correct this situation however. Mr. Cameron also stated that the City of Atlanta designs its facilities so that they should be adequate for a period of 15 to 20 years. Pollu tion control technology is a rapidly changing field, but the City of Atlanta is doing everything possible to implement modern technology.

Mr. Howard discussed the matching of Federal grants for water pollution control projects. He noted that no funds have been appropriated for this purpose by the General Assembly. A request for $10 million per year has been made by the Water Quality Control Board, however. He stated this amount would not be sufficient to provide the State's share of all eligible projects under the 55% Federal grant formula. These funds could be used, however, to supplement 33% Federal grants so that the State and Federal governments combined would provide 50% financing of the eligible cost of certain of these projects. Local governments would then have to provide the remaining 50% of the cost. Mr. Howard noted that we would need between $39 million and $40 million in State approriations in order to obtain 55% participation from the Federal Govern ment. Mr. Howard stated that sufficient Federal funds to completely fund the 55% Federal grant program have not been appropriated by the Congress, however.

The Committee observed that the $39 to $40 million estimated is based on open ended Federal appropriations. The Federal appropriations, however, are not open ended but are limited.

Mr. Thoman and Mr. Howard noted that $17.3 million has been appropriated and earmarked by the Federal Government for use in combating water pollution in Georgia. Mr. Thoman also discussed the manner in which the Federal matching formula operates. Based on the 55% Federal grant program and the $17.3 million appropriated for pollution projects in the State of Georgia, this would mean that the State of Georgia would be required to appropriate $7.85 mil lion, and the local governments involved would be required to appropriate $6.25 million. This would produce a total pollution abatement program of $31.4 million per year. If the Federal grants, however, are distributed on the basis of 33% and the State appropriates $10 million to supplement the $17.3 million in Federal appropriations so that the State and Federal shares combined would amount to approximately 50% of the covered cost of such projects, the result would be a $54.6 million annual water pollution abatement program. Mr. Thoman also dis cussed an order which has been issued by the Federal Environmental Protection Agency giving the City of Atlanta 180 days in which to move forward on the abatement of water pollution. This order was issued on December 10, 1970. If, after 180 days following December 10, 1970, the Federal Environmental Pro tection Agency has reason to believe the City is not moving forward to meet the deadlines, it can then request the U.S. Attorney General to file suit.

Mr. Oliver Welch, the State Planning and Community Affairs Officer, testified that the basic problem is one of governmental structure. Mr. Welch discussed with the Committee the three major areas in which the Bureau is active in environmental questions:

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(3) Legislation on environmental questions;

(2) The Bureau reviews local projects which request Federal funds. In this review the Bureau seeks to answer the question of whether the project compli cates environmental problems;

(3) The Bureau is also assisting the University System in developing an environmental education program.

Mr. Glenn E. Bennett discussed the activity of The Atlanta Region Metro politan Planning Commission in the field of pollution. Mr. Bennett pointed out that the Commission has developed legislation creating a Northern Chattahoochee Water and Sewer Authority to handle water and sewer services in Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale Counties and the City of Palmetto, excluding the City of Villa Rica. He also pointed out the need for a regional approach to the problem.

Senator Smith testified that a committee of which he is Chairman, for the past two years, has been making a study on counties and cities. In every hearing conducted by the committee the problem of meeting the needs of water and sewage treatment was discussed. The Senator testified that a great deal of con cern had been expressed on this topic in all areas of the State. Senator Smith stated that one of the biggest problems we have in this State is providing for more efficient handling of financing at the local government level. In making the analysis of local governments, Senator Smith's committee looked at what Georgia's sister states have done in this area. One state, while getting only a'bout $6 per capita more in tax dollars than Georgia is receiving had ap proximately $50 million per year available for general services over and above what was available in Georgia. This was accomplished through a central market ing agency which handled the issuance of local government bonds. The appropria tion for this agency amounted to only $150,000 per year. The agency also affords the state government an opportunity to review local government financing. Senator Smith stated that a further advantage of the central marketing agency was its ability to issue bonds at a lower rate of interest that could be obtained by separate municipal issues.

Former Senator Sam Hensley of Marietta testified before the Committee that in order to combat the pollution problem you have to get at it financially. He discussed the approach which has been taken by the State of Tennessee in making state grants. He felt that the sounder approach to financing was on the basis that such projects should be paid for by those who use the projects.

Mr. Thomas King, who represented the City of Columbus, noted that the city has increased its user fees by 50% to meet the requirements as set forth by the Water Quality Control Board. He noted that Columbus is well under way with a program to add secondary treatment to their pollution abatement facilities and that the city has provided the necessary revenue through its rate increase. Mr. King also expressed concern that Columbus might be penalized under the grant allocation process since the city has already taken the steps necessary to provide the funds needed for abatement facility construction, on its own initiative.

Mr. Griffin discussed the funds necessary to go back and fund all water pollution abatement applications from several previous years.

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Mr. Mendonza discussed the need for better coordination between jurisdic tions.

Mr. Davis testified that basically the problems faced by the City of Atlanta are not as serious as those of some of the smaller communities due to the fact that many of the smaller communities cannot sell additional bonds because of trust indentures with which they must comply. Mr. Davis stated that the small communities of our State do need help in putting bond issues together. He stated that a method of centralized marketing of bonds was needed. Mr. Davis felt that available funds could be most effectively used if used for debt service grants. He also felt that it was desirable to spread the available funds as widely as possible so as to assist all areas of the State in solving the water pollution problem.

CONCLUSIONS AND RECOMMENDATIONS
The problem of water pollution in this State is no longer a problem which can be considered as merely a chronic problem, but it is one which has now reached crisis proportions. We commend the Federal and State agencies involved for taking the steps necessary to bring this serious problem to the attention of the public, and Federal, State and local leaders.

The Committee concludes that if we are to solve the water pollution problem in the rivers and waterways of Georgia, the State Government must increase its financial involvement. If the State and Federal agencies involved are to set meaningful standards of water quality the State must be willing to make the necessary commitment in terms of appropriations to clean up our waters.

We are advised that the proposed budget recommended by the Governor will contain a request for the appropriation of $8.9 million for water pollution con trol expenditures and that the budget document provides that flexibility be pro vided in the manner in which such appropriation could be expended for these purposes. The Committee endorses and supports the budgetary requests as a necessary and long-overdue first step in the area of State financial involvement. Consideration should be given in the future to State action which would broaden the tax base of local governments to meet requirements imposed by the State and Federal governments in the field of water pollution control.

In view of the fact that water pollution knows no political boundaries the Committee believes that we must start operating on a regional approach in com bating the problems of pollution. Only when this approach is adopted can we adequately and effectively begin to control the problems involved with the most efficient utilization of available resources. The Committee notes that an existing contractual approach between local governments in some areas to this problem has the effect of placing surrounding contrasting governments at the mercy of the operating local government. No better example can be given than the current problem of DeKalb County construction being blocked because of nonaction by the City of Atlanta. A true regional approach must give a regional authority the power to make decisions and set rates.

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The Committee finds the following alternatives are available to State gov ernment :

Alternative I

Alternative II

Federal State Local

$17.3 million 8.9 26.2

Federal State Local

$17.3 million 7.85 6.25

Total

$52.4 million Total

$31.4 million

Alternative III

Alternative IV

Federal
State Local

$17.3 million 34.6 $51.9 8.9 17.8 26.7

State and Federal Local
Total

$34.6 million 17.3*
$51.9 million

Total

$78.6 million

*( Based on State picking up one-half of local share in form of annual debt service grant. Local government will be theoretically responsible for a f34.6 mil lion bond issue.)

Alternative I reduces the local share to 50% and it has the effect of having a lower amount of State and Federal funds in a larger number of projects.

Alternative II maximizes the State and Federal effort and minimizes the local effort because Alternative II provides 55% Federal funds and 25% State funds. However, Alternative II also minimizes the total pollution control effort and narrows the distribution of funds to only a few systems.

Alternative III would maximize water pollution efforts in the State of Geor gia on a short term basis at a cost of requiring local governments to pay 67% of the cost by matching State and Federal funds.

Alternative IV is a totally different approach, involving debt service grants. The State would commit an annual supplement to the extent of fifty percent (50%) of the local amount (approved eligible project cost) required to amortize the debt on "water pollution control" revenue bonds. This debt service grant would be on an annual basis but would be included in the biennial budget beginning fiscal 1971-1972. This approach would possibly allow the State to begin annual debt service grants to previously financed water pollution control systems to local governments in addition to providing resources to new construction.
Alternative IV would assure local government participation in the amount of 33%% of the approved eligible project cost with the Federal and State govern ments combining to provide the remaining 67%, either in the form of direct grants by the Federal government or in the form of debt service grants provided by the State government, or a combination of both.

A detailed financial analysis by the State Auditor in cooperation with the Water Quality Control Board must be made prior to a State commitment on Al-

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3339

ternative IV, and this Committee has requested that this study be immediately undertaken.

Subject to the Auditor's report, this Committee favors Alternative IV in principle for the following reasons:

1. State funds will reach a much broader group of projects than in any of the other alternatives, possibly including State participation in amortizing debts previously incurred by local communities for water pollution control.

2. The State government would be making a commitment to the extent of two years, and this commitment can possibly be followed by a long term State com mitment based on a constitutional amendment so that local governments will know that their participation in water pollution expenditures will be one/third of the cost of the eligible portion of the project.

3. The State will be making a long range moral commitment to the fight against water pollution and will be adopting a method which will be able to cope with the total water pollution problem in Georgia on a long term basis.

4. The State will be recognizing that its water pollution efforts should be essentially "capital" in nature and that State participation should be amortized over a period of years rather than through annual appropriations which strain the State budget.

5. Initiative and control of pollution abatement projects will remain in local government.

6. Fluctuation in Federal programs and grants can be easily anticipated and met by this approach.

The Committee notes that the Federal formula for 55% funding of water pollution control programs was adopted so as to provide the maximum possible assistance to those local governments which have jurisdiction over water pollu tion problems which are considered to be the most critical. The formula is, however, counter-productive in that while the Federal and State percent in creases, the total number of projects and total number of dollars spent on abate ment decreases. This is well demonstrated in the example hereinbefore given. The Committee urges the Federal government to adopt a program which would be more productive in solving the nation's water pollution crisis.

The Committee heard testimony from Senator Stanley Smith advocating the creation of a central marketing agency for the purpose of assisting local govern ment in bond issues. The Committee endorses this idea in principle and recom mends an in-depth study on this proposal.

The Committee also heard testimony as to the many abuses and sharp prac tices in regard to small bond issues of local governments throughout Georgia, and the Committee recommends that legislation be drafted requiring a full dis closure by local governments so as to provide information to the taxpayers as to the details and costs of local bond issues.

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In the final analysis it is the conclusion of this Committee that the problems of water pollution is a problem which knows no political boundaries. It is a prob lem which must be solved immediately if we are to maintain a water supply of sufficient quantity and in the state of purity to which every citizen is entitled. To combat and solve this problem it is necessary for the State to provide the financial resources which must be made available to solve this problem. As a longer range solution the Committee feels that the State must provide additional financing.
Respectfully submitted,

/s/ Elliott H. Levitas Honorable Elliott H. Levitas Representative, 77th District Chairman

/s/ Ben Brown Honorable Ben Brown Representative, 110th District

/s/ Sam A. Nunn, Jr. Honorable Sam A. Nunn, Jr. Representative, 41st District Vice Chairman

/s/ Howard Atherton Honorable Howard Atherton Representative, 117th District

/s/ Gerald T. Horton Honorable Gerald T. Horton Representative, 95th District Secretary

/s/ Harry C. Geisinger Honorable Harry C. Geisinger Representative, 72nd District
/s/ Janet S. Merritt Honorable Janet S. Merritt Representative, 46th District

House of Representatives Atlanta ********
REPORT OF SUBCOMMITTEE ON SPECIAL EDUCATION HOUSE EDUCATION COMMITTEE

THE COMMITTEE

Honorable Bobby Wheeler, Chairman Representative, District 57 Honorable Peyton S. Hawes, Jr. Representative, District 95, Post 4 Honorable Herbert Jones, Jr. Representative, District 87

Honorable Don L. Knowles Representative, District 22 Honorable Sidney J. Marcus Representative, District 105 Honorable Bobby C. Pafford Representative, District 64 Honorable L. L. Phillips Representative, District 50

INTRODUCTION

January, 1971

Providing the opportunity for each child to achieve his maximum potential according to his level of ability is one of the recognized goals of our educational system. To ensure Georgia's progress toward this goal, the General Assembly in March of 1968 passed House Bill No. 453 (Act No. 670) concerning the edu cation of exceptional children. It is the education of these children, defined by

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the legislation to include the intellectually gifted as well as the physically or mentally limited, that the House Subcommittee on Special Education has studied.

PURPOSE
Target date for full implementation of House Bill No. 453 has been set as 1976. It is the purpose of this subcommittee to aid the Georgia Department of Education in its efforts to realize this goal for educating Georgia's exceptional children.

PLAN OP ACTION
The subcommittee, organized in early 1970, held its initial meeting to review existing programs and plans for special education. After the 1970 session of the General Assembly, the subcommittee continued to function: hearing testimony from staff members of the Georgia Department of Education, visiting special education facilities including the Rutland Center in Athens, and providing tes timony for U. S. Office of Education national hearings on the gifted and talented child.
Dr. Thomas F. McDonald, Associate Director of the Georgia Educational Im provement Council, served as educational consultant to the subcommittee. Among those speaking to the subcommittee were the following persons:
Mr. Dale A. Fehl, Coordinator of Federal Programs and Special Programs, Georgia Department of Education
Mr. Anthony A. Molinaro, Consultant, Title I, ESEA, Georgia Department of Education
Mr. Herbert D. Nash, Associate Director of Program for Exceptional Chil dren, Georgia Department of Education
Dr. Mary M. Wood, Project Director of the Rutland Center, Athens, Georgia

SUMMARY OF FINDINGS

1. The Georgia Department of Education estimates that during the 197071 school year, 11.97 percent of the school population should be viewed as "ex ceptional." Details are shown in the following table.

Area of exceptionality

Percent of school population

Number of children

Educable mentally retarded Trainable mentally retarded Emotionally disturbed Special learning disabilities Gifted Speech impaired Hospital/Homebound Multi-handicapped Deaf and hard of hearing Visually impaired
TOTAL

2.0 .3 2.0 1.0 2.0 3.5 .3 .2 .57 .1
11.97

25,561 3,834 25,561 12,780 25,561 44,731 3,834 2,556 7,284 1,278
152,980

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2. The Georgia Department of Education estimates that by the end of 1970-71, approximately 45,000 to 48,000 of the exceptional children in the state will be served by special education programs.

3. Through funding by the 1970 General Assembly, the Georgia Department of Education, Division for Special Education and Pupil Personnel Services was able in July, 1970, to establish the Rutland Center in Athens as the first psychoeducational center in the state. The center is designed to meet special educational requirements of children with emotional and behavioral problems. The center cites seven necessary facets of a successful program for these exceptional chil dren. The program must:
a. Be applicable to all of the rural and urban areas of the state.
b. Permit counties to share services.
c. Reduce the need for hospital and residential care for these children.
d. Draw together available professional manpower from mental health and education professions.
e. Combine educational and mental health programs in shared responsibility.
f. Serve children from preschool to teenage.
g. Serve children whose problems range from mild to severe.

4. While the objective of providing the opportunity for each child to achieve his maximum, regardless of abilities, is being met to some extent for the intel lectually and physically limited, resources have not permitted similar programs for the intellectually gifted. In establishing priorities to stretch limited educa tional dollars as far as possible in meeting contemporary needs, gifted children usually have been by passed for more immediate demands. According to informa tion from the Georgia Department of Education, the gifted are being served at the rate of 6.3 per 1000 in elementary school and 1.9 per 1000 in secondary school.

5. Considerable study has been made of types of programs which seem most effective with gifted children. These programs usually have three major com ponents:
a. A differentiated curriculum designed to provide varied types of experiences and activities.
b. Teaching strategies designed specifically to emphasize development of the multidimensional mental processes of the intellect.
c. Pupil involvement in the special program for a sufficient length of time to assure that the special educational activities will have significant impact on their educational progress.

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3343

6. The subcommittee has found that the Georgia Department of Education has made outstanding accomplishments in the field of education for exceptional children. The department's expert and conscientious staff members are to be commended.

RECOMMENDATIONS
After intensive investigation of the needs of exceptional children in Georgia and careful review of the plans for serving these pupils, the House Subcommittee on Special Education makes the following recommendations:

1. The subcommittee fully supports the Georgia Department of Education and its efforts in the field of special education and recommends that the special education budget request for SED (Severely Emotionally Disturbed) Centers of $618,000 for each year of the 1971-1973 biennium be approved by the 1971 General Assembly.

2. The subcommittee feels it necessary to emphasize the urgency of imple menting House Bill No. 453, the legislation that provided the legal framework for establishing educational programs for exceptional children. Therefore, we recom mend that all departments and administrative units involved make every effort to meet the 1976 target date for complete implementation.

3. Several State agencies are directly concerned with programs for ex ceptional children. Expanded cooperative programs among these agencies could assure maximum utilization of available resources in meeting the needs of ex ceptional children. Therefore, the subcommittee recommends that state agencies develop a mechanism for interagency cooperation in special education.

4. Progress has been made in special education, but the goal of providing all exceptional children with appropriate educational programs has not been realized. In order to aid the achievement of this goal, it is recommended that this subcom mittee continue to function as a part of the House Education Committee.

/s/ Bobby Wheeler Bobby Wheeler, Chairman Representative, 57th District
/s/ Peyton S. Hawes, Jr. Peyton S. Hawes, Jr. Representative, 95th District

Respectfully submitted,
/s/ Don L. Knowles Don L. Knowles Representative, 22nd District
/s/ Sidney J. Marcus Sidney J. Marcus Representative, 105th District

/s/ Herbert Jones, Jr. Herbert Jones, Jr. Representative, 87th District

/s/ Bobby C. Pafford Bobby C. Pafford Representative, 64th District

/s/ L. L. Phillips L. L. Phillips Representative, 50th District

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OP REPRESENTATIVES, MEMBERS OP THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

********

REPORT OF THE SPECIAL NARCOTICS INTERIM STUDY COMMITTEE ********

THE COMMITTEE

Honorable Haskew H. Brantley, Jr. Representative, 114th District Chairman Honorable Peyton S. Hawes, Jr. Representative, 95th District Honorable Bobby W. Johnson Representative, 29th District Honorable Marshall Keen Representative, 81st District Honorable Dick Lane Representative, 101st District

Honorable Sidney J. Marcus Representative, 105th District Honorable E. B. Toles Representative, 9th District Honorable Elliott H. Levitas Representative, 77th District Honorable Clarence G. Ezzard, Sr. Representative, 102nd District Honorable Ted Hudson Representative, 48th District Honorable Marvin W. Sorrells Representative, 24th District

February, 1971

INTRODUCTION

The Committee is an outgrowth of the 1969 Atlanta Metropolitan Area High Schools Narcotics Study Committee, the members of which found and reported drug abuse to be widespread in the schools in the Atlanta metropolitan area, and that drug abuse is increasing at an alarming rate. That Committee (hereafter, the 1969 Committee) determined that drugs had found a popularity among the young and not just Hippies, but among business and professional people. The 1969 Committee brought about certain changes in drug education programs and in the laws. Because of the expertise developed by the members of that Com mittee, the Speaker chose to reappoint it, with the addition of four members in order that it could expand its study to include all of Georgia.

SCOPE OF STUDY

The Committee found itself created just prior to the time when the Second Atlanta International Pop Festival was to be held--the weekend of July 4, 1970-- and the Chairman felt that excellent on-the-spot observation of drug abuse could be had by a subcommittee attending that function. A four-man subcommittee was appointed and charged with the responsibility of reporting back facts obtained at the Byron Pop Festival.

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The Committee next visited the then-proposed drug abuse facility at Milledgeville, for the purpose of determining its adequacy in light of the recent accelera tion of drug abuse problems in Atlanta and Georgia, and the members interviewed resident drug addicts at Milledgeville who were undergoing rehabilitation to de termine the extent of the success of the programs offered at that institution.

The Chairman next appointed a subcommittee to consider the creation of an aftercare facility, patterned after the Awareness House concept of Ft. Bragg, California, or the Synanon Foundation, Santa Monica, California.

The Chairman appointed another subcommittee to assess the criminal sanctions against narcotics and dangerous drugs, particularly marijuana, to see if, as the young people argue, the penalties are out of proportion to the crimes. The Superior Court Judges of the Georgia Judicial Circuits with heavy drug problems were asked their views respecting the reduction of the penalty for possession of marijuana.

FINDINGS
Byron Pop Festival--A four-man subcommittee, consisting of Dick Lane, Bobby Johnson, Ted Hudson and Marshall Keen, with the aid of Paul Listen, Assistant Legislative Counsel, was able to view and record on film the selling and abuse of dangerous drugs and narcotics at Byron on Friday, July 3, 1970. The scenes viewed at Byron indicate the worth of legislation restricting the size of such festivals in the future. Drug peddling, destruction of property, lack of adequate water, food, medical and rest facilities were all readily ap parent even to the casual observer. A carefree abandonment of respect for law and property rights was the theme of the mass crowd at Byron. Police appeared to be powerless against the giant crowds at the festival, and some law enforce ment officials stated that they were afraid to make arrests for fear of angering the crowds. A restricted festival--one with smaller crowds, adequate sanitation, food, water and medical facilities would have provided just as much musical enjoyment for the young person wishing to hear and see his favorite rock star or group (many people never saw the performers or heard any music).
The Committee believes that there is no need to prohibit or do away with pop festivals altogether. The pop festival is a legitimate medium and source of enjoyment. Its potential for abuse, however, is tremendous, so your Committee feels that some regulatory hand is required. Simple regulatory power in the hands of the State Health Department should suffice, with the additional require ment of a cash or surety bond to assure surrounding property owners of reim bursement for property damage and to assure garbage and tash cleanup.
Milledgeville--The Committee members who visited the then-proposed facility in October were disappointed with Central State Hospital's plans for the drug abuse facility. The physical plant is merely an open ward. As told to the Com mittee, the main emphasis will be to provide a bedroom for alcohol and drug patients. A superb example of lack of originality and planning is what the new facility appears to be to the Committee. It is merely a device for spending the appropriation granted Central State Hospital by the 1970 General Assembly for a drug facility. With Georgia's drug problems so pervasive--and increasing daily--Central State Hospital should be working now to provide facilities for what must be an obvious need for the future.

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Aftercare Facility--The Chairman and one other member of the Committee revisited Awareness House in Ft. Bragg, California, and Synanon Foundation, Santa Monica, California, for the purpose of determining whether an aftercare facility is worthwhile for Georgia. An aftercare facility is a residential facility designed to take over a drug addict (or ex-drug addict) after he has completed his
stay at Central State Hospital at Milledgeville or at the Federal Narcotics Hos pital at Lexington, Kentucky. Those institutions are geared toward making an addict face reality and getting him off drugs. Once that objective has been reached, the addict is released to return to the same environment that spawned his addiction in the first place. An aftercare facility will teach the addict a trade--will help him to get in touch with society on a local level. The Committee members who went to Ft. Bragg are of the opinion that Georgia, particularly Atlanta, is in dire need of an aftercare facility. An Atlantan who graduates from Lexington's drug facility or from Milledgeville has nowhere to go--except back to the so-called "Strip" on Fourteenth Street in Atlanta. Many patients at Milledgeville and at Lexington have returned as many as three times for the care offered at those institutions (and some people have been to both several times), but it is the Committee's view that no repeat trips would be necessary if Atlanta had some postgraduate facility for drug addicts who have managed to weather the six months without drugs at those institutions.

If the government is unable to fulfill this need, perhaps private enterprise should be encouraged to do so.
Criminal Sanctions--During its life, the Committee has been deluged with requests from young people to impose lesser penalties for possession of mari juana. The Committee has been unable to find any reports from the medical community which definitely state whether marijuana is harmful or not on a long-range basis. The Committee has been faced with the argument that mari juana is just like liquor in its potential for abuse and bodily harm, and the members of the medical community polled by the Committee have agreed. Scien tific journals have depicted studies showing the similarity of the effects of marijuana and liquor. There has been a push on the federal level to reduce the penalty for the possession of marijuana to a misdemeanor, and several other States have made this move already. In an effort to find further understanding, the members of the Committee communicated with Superior Court Judges of Georgia Judicial Circuits known to be populated with heavy drug abuse to de termine the judges' views on whether or not the possession of marijuana should be punished as for a misdemeanor as opposed to a felony. More than half of the responses were in favor of reducing the possession of marijuana to a mis demeanor, while the remaining responses professed a lack of knowledge of the problem or a desire that punishment still remain a felony.

RECOMMENDATIONS

(1) The Committee recommends the enacting of its bill which will authorize the State Health Department to promulgate rules and regulations to regulate pop festivals. The bill also contains a provision requiring promoters of pop festivals to file a $1,000,000 bond conditioned to pay damaged property owners affected by the festival.

(2) The Committee recommends that a Study Committee be created with the specific charge to oversee the drug abuse facility at the Central State Hospital at Miiiedgeville. All information gathered to date indicates that drugs will be

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part of the Georgia scene for years to come and that it is time to begin prepara tions at Central State.

3. The Committee urged that an interim Committee be created for the pur pose of studying in depth the Awareness House and Synanon concepts for the purpose of adapting either of those California programs for use in Georgia. In lieu of a State-operated facility, the Committee urges that the State use its resources for providing incentive for private enterprise to create an after care facility for the Atlanta area.

(4) The Committee recommends that its bill to reduce the penalty for possession of marijuana from a felony to a misdemeanor be enacted.

The Committee's bills are attached hereto and made a part of this report.

Respectfully submitted,

/s/ Peyton S. Hawes, Jr. Peyton S. Hawes, Jr. Representative, 95th District

/s/ Haskew H. Brantley, Jr. Haskew H. Brantley, Jr. Representative, 114th District

/s/ Bobby W. Johnson Bobby W. Johnson Representative, 29th District

/s/ E. B. Toles E. B. Toles Representative, 9th District

/s/ Marshall Keen Marshall Keen Representative, 81st District

/s/ Elliott H. Levitas Elliott H. Levitas Representative, 77th District

/s/ Dick Lane Dick Lane Representative, 101st District

/s/ Clarence G. Ezzard, Sr. Clarence G. Ezzard, Sr. Representative, 102nd District

/s/ Sidney J. Marcus Sidney J. Marcus Representative, 105th District

/s/ Ted Hudson Ted Hudson Representative, 48th District

/s/ Marvin W. Sorrells Marvin W. Sorrells Representative, 24th District

A BILL

To be entitled an Act to amend Code Section 79A-9915, relating to the penal ties for violation of Chapter 79A-9, the Georgia Drug Abuse Control Act, so as to change the penalties prescribed for persons convicted of possession of mari juana; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 79A-9915, relating to the penalties for violation of Chapter 79A-9, the Georgia Drug Abuse Control Act, is hereby amended by adding a new subsection to be designated as subsection (d) to read as follows:

"(d) Notwithstanding any language in this Title to the contrary any person who shall be found guilty of possession of marijuana, as defined in subparagraph 5 of subsection (b) of Section 79A-903, shall be punished as for a misdemeanor."

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

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 per mit from the Department of Public Health of the State of Georgia; to provide a procedure to evaluate the application for the permit and the information 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 business 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 assessment from the person holding or promoting the mass gathering for each person in atten dance beyond the number specified in the application for such mass gathering; to provide for the promulgation of rules and regulations to supplement this Chap ter; to provide a penalty; to provide exemptions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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 mean ings 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 attract five thousand or more persons and to continue for twelve (12) or more hours.

(c) The term 'Permit' means written authorization to a person 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 cor poration, individual, partnership, association, or other entity, and in cludes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation.

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"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 effect until suspended, revoked, or until the mass gathering is terminated. The permit shall not be trans ferable or assignable, and a separate permit shall be required for each mass gathering.

"88-1203a. Application for Permit. Application for a permit to pro mote 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 gather ing 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 provide for adequate and satisfactory water supply and sewage facilities, adequate drainage, adequate toilet and lavatory facilities, ade quate refuse storage and disposal facilities, adequate sleeping areas and facilities, wholesome food and sanitary food service, adequate medical facilities, insect control, adequate fire protection, and such other mat ters as may be appropriate for security of life or health. The applica tion 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.
w
"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 entrances, and provisions for keeping non-ticket holders out of the area;

(b) Provide a statement verifying that all construction and in stallation of facilities including water supply, sewage disposal, insect control, food service equipment and garbage handling facilities will be completed at least 48 hours prior to the commencement of the event;
(c) Provide a detailed plan for food service, including a description of food sources, menu, mandatory use of single service dishes and uten sils, refrigeration, food handling and dispensing;

(d) Provide a detailed plan for use of signs to locate all facilities and roadways;

(e) Provide a statement from local fire and police authorities hav ing jurisdiction over the area acknowledging that they can supply ade quate security, traffic control and law enforcement for the proposed gathering;

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(f) Provide a detailed plan for emergency situations including (1) food supplies, (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 standpoint; and
(h) Provide a command post to be used by Health Department per sonnel 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 per mit be denied or that a permit previously granted be suspended or re voked, 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.
"88-1205a. Requirement of a Bond. The person holding or promoting a mass gathering shall provide a bond of one million dollars ($1,000,000) issued by a surety company authorized to transact business in this State. The bond shall be to guarantee full compliance 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 person 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 person in at tendance beyond the specified number in the application for such mass gathering. Any such assessment shall be remitted to the State Treas urer 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 person who violates any provision of this Chapter, or any rule or regulation adopted pursuant thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished accordingly."

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 regnlarly 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.

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House of Representatives Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE STATE STANDARDS AND REGULATIONS FOR PUBLIC SCHOOLS
SUBCOMMITTEE OF THE HOUSE EDUCATION COMMITTEE
********
THE SUBCOMMITTEE

Honorable Earl T. Davis Representative, 86th District Chairman Honorable Eugene Housley Representative, 117th District

Honorable R. H. "Dick" Hutchinson Representative, 61st District Honorable Don Knowles Representative, 22nd District Honorable Sidney J. Marcus Representative, 105th District

January, 1971

INTRODUCTION

The Subcommittee was created for the purpose of inspecting school systems throughout the State to determine their compliance with State standards.

All schools in the following school systems are to be congratulated for meet ing State standards:

Brantley County Clayton County Crawford County Crisp County Dawson County Evans County Habersham County Houston County Jasper County Jenkins County Lee County Liberty County Macon County McDuffie County Muscogee County Oconee County

Peach County Pulaski County Putnam County Rockdale County Stephens County Taylor County Towns County Twiggs County Upson County Washington County Wheeler County White County Whitfield County Wilkinson County Americus City Bremen City

Carrollton City Cartersville City Commerce City Dalton City Gainesville City Hawkinsville City Hogansville City Jefferson City Marietta City Pelham City Tallulah Falls City Thomaston City Trion City Winder City

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The school systems in which all schools are unclassified and do not meet State standards are as follows:

Atkinson County Baker County Bartow County Ben Hill County Berrien County Bryan County Butts County Chattahoochee County Dade County Echols County

Fayette County Glascock County Harris County Jeff Davis County Lincoln County Long County Marion County Monroe County Newton County Polk County

Quitman County Schley County Taliaferro County Terrell County Toombs County Webster County Worth County Chickamauga City

PLAN OF ACTION

The Committee met with representatives of the Georgia Educational Im provement Council, the Georgia Department of Education, and representatives of local boards of education, in order to review the development of State stand ards as is provided for in the Act establishing the Minimum Foundation Program of Education. Appreciation is hereby expressed for the cooperation received by members of the committee from the above state agencies and local boards of education.

FINDINGS
In visiting counties in which all schools are unclassified, the committee reached the following conclusions:
1. An excessive number of teachers are teaching out of field.
2. Extremely poor housekeeping is evident.
3. There are 196 public schools in Georgia without occupancy permits from the State Fire Marshall.
4. Some systems are still buying "temporary' classrooms which do not have Fire Marshall approval.
5. Some local school trustees and school boards have altered buildings, closing exits and erecting partitions in a manner that creates fire traps. A prime example of this situation is Bartow County.
6. A dual system of bus routing resulting in approximately 50 percent excess bus mileage is being practiced in some systems.
7. It was noted that some cities with independent school systems have extended city limits up to several miles by running down a highway center-line or railroad (yo-yo-like), and thereby connecting to a major industrial or business development. This places the development on the city tax rolls instead of the county school digest where it would appear to belong.

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8. Likelihood of excessive friction exists where both school superintendent and school board are elected.

9. One school in a system that we visited did not have a Fire Marshall's per mit because of inadequate wiring. The superintendent stated he had a bid of $2,095.00 to bring the wiring up to standard, but he did not have the work done. Since our visit, this school building burned. The cause has not been determined, but it will cost some $500,000.00 to replace the building.
RECOMMENDATIONS
1. That teachers who are teaching out of their field should not be permitted to receive more than three years teaching experience credit on the index salary schedule for out-of-field service.

2. That schools which fail to make at least a score of 75 on maintenance and housekeeping, should have their M & O allocation held by the State Treasurer until minimum standards are met, and that funds for any schools not meeting minimum standards within 12 months after notice of deficiency should be re turned to the general fund.
3. That after July, 1972, any school building for which there is no occu pancy permit should not qualify for M & O funds.

4. That effective immediately, no M & O funds should be allocated for any new temporary classrooms which do not meet Fire Marshal standards.
5. That a school system must obtain a permit from the Fire Marshal before any alterations of existing buildings are made.

6. That all schools should be required to follow within 10 percent of total mileage of suggested state routing.
7. That the present provisions allowing a city with an independent school system to annex a specific area (for example, along a major thoroughfare) be referred to the Local Affairs Committees of the General Assembly for con sideration.
8. That local trustees be eliminated, and that either the system board of education or the superintendent be elected, but not both.

9. That consideration should be given to eliminating homestead exemptions for school purposes in Georgia, because the Subcommittee noted that school sys tems which did not allow homestead exemptions were able to meet standards much more easily than those systems which do allow such exemptions.

CONCLUSIONS

The Subcommittee found that present standards are accepted as minimum

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in the better systems for proper education of Georgia Children, and most edu cators felt that present standards should be further upgraded and enforced.

Respectfully submitted,

Isl Earl T. Davis Earl T. Davis Representative, 86th District Chairman

/s/ Sidney J. Marcus Sidney J. Marcus Representative, 105th District

Isl Don Knowles Don Knowles Representative, 22nd District

/s/ Eugene Housley Eugene Housley Representative, 117th District

/s/ R. S. "Dick" Hutchinson R. S. "Dick" Hutchinson Representative, 61st District

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS ********
REPORT OF THE PENAL AFFAIRS STUDY COMMITTEE

THE COMMITTEE

Honorable J. T. Dailey Representative, 53rd District Chairman Honorable J. Lucius Black Representative, 45th District

Honorable George W. Potts Representative, 30th District Honorable Andy Roach Representative, 10th District Honorable Dewey D. Rush Representative, 51st District

February 1971

INTRODUCTION

The Committee was created pursuant to the mandates of House Resolution No. 863, and charged with the duty to investigate the activities of any of the penal systems in Georgia, in order to keep the General Assembly abreast of ac tivities therein, and to report upon new theories and methods in the field of penology.

FINDINGS

CALIFORNIA To accomplish its purposes, the Committee visited several institutions within

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the Correction System of the State of California for the purpose of viewing
improvements there to see if some or all could be utilized in Georgia's institu tions.

The Committee arrived in Sacramento, California on Monday, November 30, 1970, and conferred with the Director of Prison Industries for several hours for the purpose of determining the administrative structure of Prison Industries in California.

It was learned that a Prison Industries Commission, appointed by the Gov ernor and made up of business, labor and professional people, was the back bone of the program. This commission determines what products will be produced by the correctional system. The State of California requires the Purchasing De partment of the State to purchase from Prison Industries if the products meet quality and competitive price standards. Prison Industries is prohibited from selling except to tax-supported institutions.

Each institution has an industries manager who works with the staff of that institution, under the Direction of Prison Industries. The Industries Di vision of the Correction Department has a sales force that calls upon the taxsupported institutions in the State to "push" the products of the Correction De partment, as well as to keep the institution informed of what is available--and the Department of Corrections informed as to what is needed. The attitude of the Industries Division of the Department of Corrections is extremely important in that the people in it have taken the position that they can do anything any other industry can do, and do it just as well. This attitude seems to be a key to the overall success of the program in California. Morale is high with both the staff and inmates.

For four more days the Committee visited correctional institutions spread from the north to the south of California at the direction of Mr. Del Brown, an assistant to the Director of Prison Industries. The Committee talked to staff personnel and inmates and toured the shops and factories of seven institutions. They saw the manufacture of furniture of every description (some of which was to be used in the Governor's office). They saw shoes manufactured in many styles; sewing shops producing garments of quality used by many varying institu tions and departments, from reflector vests (for the Highway Department) to doctors' gowns used in health facilities. Inmate clothing and release clothing is produced; gowns, underwear (both male and female), socks, jackets and almost any garment that is worn is produced also.

The Committee saw inmate draftsmen designing furniture and classroom equipment. They saw inmates doing accounting of a very technical nature. They witnessed office supplies being produced, particularly notebook type binders. They were greatly impressed with the "cat-house" (vivarium) where inmates board and breed cats used in research for the State Medical Schools.

A dairy operation that produces milk for various institutions, hospitals and schools was remarkable. Swine production was profitable, as well as providing food for institutions of the State. A tobacco blending operation was ideal for employing many aged inmates. There were many other operations.

An impressive part of the Industries Division of the Department of Correc tion of California was the "normal working type" atmosphere. Each inmate had

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to clock out and in when reporting to work, and he was evaluated by his super visor on a regular schedule. As nearly as possible, each industry was operated at it would be in a civilian competitive society. Inmates earned wages ranging from 2$ to 16^ per hour, based on skills and production. All reports were evaluated when an inmate was considered for parole or release. Information on release follow-up indicates that having worked within a disciplined industrial atmosphere was as valuable to the individual as training withn a specific trade.

The Committee was impressed with the California system and feels that it can be adapted to use in Georgia. The Committee was impressed, firstly, by the Prison Industries Commission that could promote industry within a penal system; secondly, with the enthusiastic attitude and morale of all staff members in want ing to do a job along with helping equip inmates to become socially adjusted to live and produce in a civilian society; and, thirdly, with the various products produced, and the quality of those products.

The program of the Prison Industries in innovative, economically sound and provides a humane and productive way for an inmate to "do time" and, more importantly, to permit him to equip himself for a productive and socially desirable future outside the penal system.

ALTO
The Chairman of the Committee appointed a subcommittee of one for the purpose of viewing the Industrial Institute at Alto. The subcommittee consisted
of Representative George Potts, with the assistance of Paul S. Liston, Assistant Legislative Counsel. The subcommittee's findings are as follows:
Alto has 733 prisoners (as of December 1, 1970), and normally has more than 800, but Governor Maddox's early release program caused this figure to reduce. After Christmas, prison officials expected the figure to reach the 800 mark again. The range of age of prisoners is from 17 to 19 years, but prisoners can be kept until they reach 21.
Prisoners are housed according to five categories--ranking from first of fender to hardened repeater. First offenders live in separate buildings from all other prisoners, in order to insure minimal contact with other hardened prisoners, but first offenders eat, work and associate with other classes of prisoners.
The prison produces its own beef and hogs, bakes its own rolls (but not loaf bread--it's cheaper to buy), and makes its own work clothes and shoes.
The prison requires new prisoners to spend up to five weeks in a building known as the "Evaluation Center". There, the boy is tested by psychologists and observed. He is then evaluated and sent to his permanent dormitory and work assignment.
Accredited high school and vocational training in electronics, laundry and garment manufacturing are offered at Alto.

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There are no guns at the prison. The guards are trained to rely upon co operation techniques, rather than intimidation. Each prisoner can spend no more than $5.00 per week on candy and personal items sold at the prison. It is a punishable offense for a prisoner to have possession of more than $5.00 at any one time.

A prisoner not in isolation is supposed to shower each day, and he can have a complete change of clothes each day if he wishes.

The white-black ratio is 22% white and 78% black.

The warden said that prisoners and officers eat the same, but the subcom mittee observed that the prisoners were being fed chicken and dumplings, kidney beans, cabbage, cake and milk, while the officers were being fed roast beef, ham, potatoes, cabbage, cake and iced tea, coffee or milk.

The prison appeared to be well run. The ex-warden, Jack Caldwell, is to be commended for his work. The new warden at Alto, Charles Balkum, who took over December 2, 1970, appears to be a capable and earnest person.

TEXAS
Representatives Ward Edwards, Robert Harrison, ST., Thomas A. Roach and Albert W. Thompson visited the Department of Corrections of the State of Texas on February 3 and 4, 1971. The Texas Department of Corrections has 14 institutions. During the tour the Committee visited eight of those 14 institutions with the purpose of examining prison industries. Findings were as follows:
Darrington Unit: This unit operates a. tire recapping plant employing 20 prisoners, and trains them to the degree that they are in heavy demand by private enterprise upon release. This shop is extremely well-equipped, with a leased machine which wraps the new rubber on the tire surface in a con tinuous, unbroken process. Though this industry employs a relatively small number of inmates, we recommend it highly because of the tremendous savings to the State in tire costs.
Ramsey Unit--1 and 2: Ramsey Unit has a furniture repair industry which employs about 300 inmates. Every conceivable type of furniture is refinished. Metal chairs and school desks are refinished in large numbers on an assembly line type of setup. Items which would normally be placed on the trash pile look like new at the completion of the Ramsey process. Schools and other Texas State Departments utilize this facility. This is an industry which could employ a large number of inmates and render a service that private industry could not accomplish.
Ramsey Unit also operates a broom and brush factory which is equipped well enough to turn out a quality product and employ approximately 40 inmates.
Central Unit (Sugar Land): This is a youthful offender institution (ages 17 to 21) and employs 420 inmates in a packing plant, canning plant and soap

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factory. One unique item which saves the State of Texas $75,000.00 is a cheese factory operated by three inmates.

Goree Unit (Women's Institution) : Operates a garment factory turning out quality clothing.

Wynne Unit: This is a most impressive unit. It operates a computer which prepares material for all State Departments, including schools, for computer service. The idea for this unit originated when the Texas auto licensing di vision sought to computerize its operations. The computer services estimated that it would take five years and a tremendous capital outlay to accomplish this job. It required only one year to accomplish the job, at a savings of millions of dollars. Prison industries made an original purchase of 250 IBM typewriters and trained inmates to operate the equipment. This is now a well-operated depart ment with all types of equipment necessary, which has a 24-hours a day service capable of identifying ownership of vehicles in a matter of minutes. So far, no other State has been able to duplicate this success, despite many visits by dele gations from other states.

Ferguson Unit: Operates a broom and mop factory which employs 39 in mates.

Ellis Unit: Operates a unique dental laboratory training and utilizing some 23 inmates who last year made some 5,100 partials and dentures for patients and inmates of the institutions of the State of Texas. Ellis also operates a sewing room which turns out quality clothing, employing some 90 inmates. A wood workshop makes items such as broom and mop handles and broom heads.

Huntsville Unit: Operates license tag plant--185 inmates; textile mill-- 200 inmates; print shop--40 inmates.

The success of Texas Prison Industries appears to be based on the initiative and industry of one man, Mr. Sammie Bradley, Assistant Director of Texas Prison Industries, an energetic, imaginative person. It was organized with no appropriation of funds in 1962. It has developed a revolving fund which now has over $8,000,000.00. It operates a fleet of 12 trucks and 28 trailers. Though we only inspected eight units, all but two of the units have industries, and there are plans to place industries at those two institutions. We observed the con struction of a new building for industries financed by prison industry funds which is designed for the repair of motors and upholstery and painting of school buses. Mr. Bradley's office operation shows that they actually solicit work from State Departments, publish catalogues and have a sales force. Texas has adopted a law which requires all departments to purchase from prison industries where the quality of the products is equal to or superior to privately produced
products.

In addition to inspecting industry, it was impossible not to notice the welloperated schools which require that all inmates be brought up to a 5th grade education level, but also gives training up to junior college--a well-equipped vocational education department--adequate recreational facilities and an overall

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impression of bustling activity. A general atmosphere of health and efficiency pervades the entire system. Most impressive is the youthful appearance and training of the wardens and staffs.

Respectfully submitted,

/s/ J. Lucius Black J. Lucius Black Representative, 45th District

/s/ J. T. Dailey J. T. Dailey Representative, 53rd District

/s/ George W. Potts George W. Potts Representative, 30th District

/s/ Andy Roach Andy Roach Representative, 10th District

/s/ Dewey D. Rush Dewey D. Rush Representative, 51st District

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS ********
REPORT OF THE TEACHER EVALUATION STUDY COMMITTEE
********

THE COMMITTEE

Honorable Elliott Levitas, Chairman Representative, 77th District Dr. Jack P. Nix, Vice-Chairman State Superintendent of Schools Honorable Ward Edwards, Secretary Representative, 45th District Honorable Clarence G. Ezzard, Sr. Representative, 102nd District

Honorable Billy Fallin Representative, 63rd District Honorable Eugene Housley Representative, 117th District Honorable Jack May, President Georgia School Boards Association Dr. Robert Threatt, President Georgia Association of Educators

November, 1970

INTRODUCTION

The Teacher Evaluation Study Committee was created primarily in response to the extensive and commanding interest demonstrated by various professional organizations and concerned citizens at public hearings held by the House Education Committee on House Bill No. 1313 during the 1970 session of the General Assembly relating to matters of teacher evaluation and certification. Recognizing the need for additional information and further study on methods of assessing teacher competence and potential, the House passed House Resolution 984 which created the Teacher Evaluation Study Committee.

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PURPOSE

The purpose of the Teacher Evaluation Study Committee is (1) to examine existing methods for evaluation of teacher potential for certification, (2) to examine existing methods for the evaluation of teachers and their effectiveness, and (3) to consider the implications for improvement in these methods.

THE COMMITTEE

House resolution 984 specifically declared that the Committee be composed of five members of the House of Representatives appointed by the Speaker of the House, the State Superintendent of Schools, the President of the Georgia Association of Educators (GEA and GTEA merged July 1, 1970), and the President of the Georgia School Board Association. As authorized by HR 984, the Speaker appointed Representative Elliott Levitas as Chairman, and the four additional House members are Representatives Ward Edwards, Clarence G. Ezzard, Sr., Billy Fallin, and Eugene Housley. Dr. Jack P. Nix was elected Vice-Chairman and Representative Ward Edwards was elected Secretary by the Committee.
PLAN OF ACTION
The Committee met five full days between August and November 1970. The Committee heard testimony from the following persons who provided varying positions and information on Teacher Evaluation and Certification:
Mrs. Lilla Carlton, Georgia Association of Educators

Dr. Carl Hodges, Georgia Association of Educators Dr. William Leach, Georgia Department of Education

Dr. Richard Majectic, NTE Director, Educational Testing Service

Mr. Jack May, President, Georgia School Boards Association

Dr. Milton S. McDonald, Chairman, State TEPS Commission

Dr. Thomas F. McDonald, Georgia Educational Improvement Council

Dr. Jack P. Nix, State Superintendent of Schools

Dr. Carl Renfroe, Superintendent, Decatur City Schools

Dr. H. Titus Sing-letary, Jr., Georgia Department of Education

Mr. Otis White, Jr., Professional Practices Commission Dr. Joe Williams, Dean, College of Education, University of Georgia

These hearings were designed to produce information relating to: (1) the

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historical background of Teacher Evaluation and Certification, (2) procedures and methods currently being utilized over the nation and particularly in Georgia, and (3) new methods, procedures, concepts, and innovations which show ameliorative potential.

SUMMARY OP FINDINGS

In brief, the findings in the major areas of inquiry are as follows:

1. Patterns of certification requirements for teachers across the nation vary considerably among the states, and there is also considerable variation within states, especially states that have large systems.

2. Certification patterns may be generally grouped into three broad classifi cations, with most states using some combination of two or all three of the classifications:

a. Course-Requirement Program b. Approved-Program Approach c. Examinations

3. The Georgia program is best described as the Approved-Program Ap proach with the use of examinations limited. The Approved-Program Approach is the basis for certification at most all levels excepting the six and seven-year certificates which require a minimum level of performance on the National Teacher Examinations, published by Educational Testing Service of Princeton, New Jersey, and designed to measure certain knowledge and abilities expected of every teacher.

4. Since 1947, there has existed in Georgia a group known as the Georgia Teacher Education Council composed of approximately 70 members representing the public schools and colleges, the Georgia Department of Education and the professional teacher organization. This Council identifies areas of need for teacher preparation and develops criteria to be recommended and adopted by the State Board of Education as part of the Approved-Program Approach. The State Board of Education relies heavily upon the recommendations of the Georgia Teacher Education Council in this regard.

5. The teachers' professional organization in Georgia (GAE) has demon strated concern and interest with teacher quality and performance. The Teacher Education Professional Standards Commission of GAE has already initiated actions to develop criteria for evaluating teacher performance and competency throughout the State. GAE's rationale for such action is based upon the belief that the teachers themselves can better establish the criteria for the evaluation of their own performance and competencies than could the State Board of Edu cation or the General Assembly.
6. The National Teacher Examinations are being used in school systems throughout the nation for:
a. Awarding grants-in-aid for summer school attendance to com plete fifth and sixth-year programs.

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b. Awarding regular certificates.

c. Determining grade of certificate to be issued.

d. Evaluating credentials of applicants with atypical patterns of education (non-teacher education program).

e. Obtaining objective data as a basis for research on the quality of teacher education.

f. Renewing provisional certificates.
g. Validating credits earned (1) at an unaccredited institution, and (2) toward specific certificates.
h. Screening for advance graduate work.
i. Employing or retaining personnel based on their achieving at least a minimum score.

7. The NTE makes no claim that the test measures teaching ability.

8. The NTE possesses substantial validity and reliability in measuring the academic preparation for teaching in three areas: (1) general education, (2) professional education, and (3) teacher area specialization. (By 1971 there will be more than 20 specialization areas).

9. The NTE is abused when it is used as the exclusive criterion for teacher selection.
10. Presently there are research and development projects in progress in Georgia and across the nation seeking improved methods of evaluating knowledge and classroom performance.

11. The application of standards in teacher training programs may vary from institution to institution and from time to time even though prospective teachers completing approved-programs at every institution earn the same certificate.

CONCLUSIONS AND RECOMMENDATIONS

The information studied and reviewed by this Committee permits several conclusions and implications which are relevant to the certification of teachers and evaluation of their performance.

1. Parents, taxpayers and educators are becoming increasingly concerned about the competency of persons being accepted and continued as teachers, administrators and other professionals in the public school systems. Effective steps must be taken promptly to meet this growing concern. The need for improved accountability of professionals starts with the recruiting of appropriate young people into teacher education programs, continuing reevaluation and up-

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grading of education programs in the colleges, and development of programs for continuing evaluation of professional performance.

2. There is an apparent need to develop better procedures for the purpose of evaluating teacher performance.

3. There appears to be considerable merit in a continuing evaluation pro gram. Teachers need to stay abreast of their teaching specialties and to improve their skills through service training and/or advance graduate study, and steps should be taken to encourage this continued study. Consideration also should be given to implementing a one-year teacher-internship program.

4. The NTE is neither "deity nor devil". The NTE can be of considerable value in the development and evaluation of effective teacher education programs when the purpose, function, and limitations of the instrument are recognized and understood. It is imperative to remember that the test was conceived and developed in Princeton, New Jersey and not on Mount Olympus.

5. The State Board of Education is charged with the responsibility of certification and evaluation. No change should be made to transfer or diminish this responsibility in whole or in part. The Board has authority commensurate with this responsibility and should continue to upgrade criteria and standards for teachers seeking and maintaining employment in Georgia's public schools.

Respectfully submitted,
/a/ Elliott H. Levitas Elliott H. Levitas, Chairman Representative, 77th District
/s/ Jack P. Nix Jack P. Nix, Vice-Chairman State Superintendent of Schools
/s/ Ward Edwards Ward Edwards, Secretary Representative, 45th District
/s/ Clarence G. Ezzard, Sr. Clarence G. Ezzard, Sr. Representative, 102nd District
/s/ Billy Fallin Billy Fallin Representative, 63rd District
/s/ Eugene Housley Eugene Housley Representative, 117th District
/s/ Jack May Jack May, President Georgia School Boards Association
/s/ Robert Threatt Robert Threatt, President Georgia Association of Educators

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA
********

REPORT OF THE SOCIAL DISORDER AND GENERATION GAP STUDY COMMITTEE (PART II)
********

THE COMMITTEE

Honorable Bobby W. Johnson Representative, 29th District Chairman Honorable Ben Brown Representative, 110th District Honorable James E. Dean Representative, 76th District

Honorable Billy L. Evans Representative, 81st District Honorable Joe Frank Harris Representative, 10th District Honorable Eugene Housley Representative, 117th District Honorable R. S. Hutchinson
Representative, 61st District

GEORGIA BUREAU OF INVESTIGATION AGENTS ASSIGNED TO THE COMMITTEE
Lt. Robert E. Hightower Intelligence Division
Corporal Robert C. Patterson Intelligence Division

January, 1971

The Committee has already promulgated Part I of its report--dealing with its analysis of the causes of the so-called Generation Gap.

This phase of the report -- Part II -- was to have dealt with social disorders taking place in the State of Georgia within the past 18 months and was to have been compiled by Agents Hightower and Patterson of the Georgia Bureau of Investigation. Due to the peculiar nature of reports by the G.B.I, and the voluminousness of the particular reports involved, it was decided that the best method for making the reports available to the General Assembly would be to place them on file in the hands of the Identification Division of the Georgia Bureau of Investigation, State Patrol Headquarters, E. Confederate Avenue, S.E., Atlanta, Georgia, for inspection at that location. Interested members of the General Assembly are invited to inspect the reports at their leisure.

The members of the Committee thank Lt. Robert Hightower and Corporal

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Robert Patterson for their tireless efforts in assisting the Committee in reaching its goals. The report compiled by these two men is excellent, and the members of this Committee are pleased.

Respectfully submitted,

/a/ Bobby W. Johnson Bobby W. Johnson, Chairman Representative, 29th District

/s/ R. S. Hutchinson R. S. Hutchinson Representative, 61st District

/s/ Joe Frank Harris Joe Frank Harris Representative, 10th District

/s/ Ben Brown Ben Brown Representative, 110th District

/s/ Eugene Housley Eugene Housley Representative, 117th District

/s/ James E. Dean James E. Dean Representative, 76th District

/s/ Billy L. Evans Billy L. Evans Representative, 81st District

THE GENERAL ASSEMBLY State Capitol Atlanta
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE WHOLESALE TAX STUDY COMMITTEE (House Resolution No. 3)

THE COMMITTEE

Honorable William J. Salem Representative, 51st District Chairman Honorable Claude A. Bray, Jr. Representative, 31st District Honorable Morriss W. Ellis Representative, 91st District

Honorable James W. Keyton Representative, 70th District Honorable Bernard F. Miles Representative, 78th District Honorable Norris J. Nash Representative, 13th District Honorable Roscoe Thompson Representative, 86th District

January, 1971
REPORT OF THE WHOLESALE TAX STUDY COMMITTEE
INTRODUCTION

During the 1970 Session of the General Assembly, a bill was introduced

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which repealed the sales and use tax Act and imposed a sales and use tax of 5% at the wholesale level.

This Committee was created pursuant to House Resolution No. 3 and was charged with the responsibility of investigating the advisability of transferring the incidents of sales tax from the retail level to the wholesale level.

WORK OF THE COMMITTEE
The Committee met with representatives of the State Revenue Department In order to acquaint itself with any potential problems which could evolve ad ministratively by a shift in sales tax from the retail level to the wholesale level. The Committee held public hearings throughout the State and heard from both wholesalers and retailers and other interested parties.

FINDINGS AND CONCLUSIONS

Because of the fact that the sales and use tax produces the most significant portion of this State's revenue, and due to the complexities which will of neces sity evolve with a shift of the incidents of the tax from the retail to the whole sale level, this Committee recommends that the General Assembly explore the possibility and advisability of a wholesale tax through the recreation of this Committee to continue to explore the advisability of such a shift. During the course of its study, the Committee felt that the concept of the wholesale tax possessed a great deal of merit, but because of the complexities connected with such a shift, that it was advisable that more exhaustive and thorough studies be entered into by the General Assembly and the State Revenue Department prior to making a change of this magnitude in this State's tax structure.

Respectfully submitted,

/s/ William J. Salem William J. Salem Representative, 51st District Chairman

/s/ James W. Keyton James W. Keyton Representative, 70th District

/s/ Claude A. Bray, Jr. Claude A. Bray, Jr. Representative, 31st District

/s/ Bernard F. Miles Bernard F. Miles Representative, 78th District

/s/ Morriss W. Ellis Morriss W. Ellis Representative, 91st District

/s/ Norris J. Nash Norris J. Nash Representative, 13th District

/s/ Roscoe Thompson Roscoe Thompson Representative, 86th District